Section 5-E1017. RESIDENCY PREFERENCE IN THE EDUCATIONAL SERVICE

 

1017.1The residency requirements set forth in this section shall apply to any applicant for, or any person occupying, a position as an employee of the Board of Education in the Educational Service, as specifically provided in this section.

 

1017.2A person who applies for employment with the Board of Education in the Educational Service and who is a bona fide resident of the District of Columbia may claim a residency preference at the time of application.

 

1017.3A Board of Education employee who applies for a competitive promotion in the Educational Service and who is a bona fide resident of the District of Columbia may claim a residency preference at the time of application.

 

1017.4Each applicant for a position or competitive promotion with the Board of Education in the Educational Service shall be informed, in writing, by the Superintendent of Schools or his or her designee of the provisions of §§ 1017.2 through 1017.11 at the time of his or her application and will be required to indicate his or her claim or entitlement to residency preference in a manner prescribed by the Superintendent or his or her designee, at that time.

 

1017.5When two (2) or more applicants for a position or competitive promotion with the Board of Education in the Educational Service are equally qualified, a residency preference will be given to an applicant who has claimed such a preference over a non- resident applicant or a resident applicant who has not claimed a residency preference.

 

1017.6When a residency preference is claimed pursuant to § 1017.2 or § 1017.3, proof of bona fide residency shall be submitted at the time of selection. This proof shall consist of two (2) or more of the following documents:

 

(a)A document specifying the home mailing address of the employee;

 

(b)A voter registration card;

 

(c)A valid, unexpired motor vehicle registration;

 

(d)A valid, unexpired motor vehicle operator’s permit;

 

(e)Withholding and proof of payment of personal income tax; and

 

(f)Title to residential property or a valid unexpired lease agreement.

 

1017.7Except as provided in § 1017.11, each individual who claims a residency preference and who is selected for a position or competitive promotion with the Board of Education in the Educational Service shall be informed, in writing, by the Superintendent of Schools or his or her designee, no later than the effective date of the appointment, of the requirement to maintain bona fide District residency for a period of five (5) consecutive years and that failure to do so shall result in forfeiture of employment.

 

1017.8An applicant for a position with the Board of Education in the Educational Service who claims a residency preference and is selected for the position shall agree, in writing, at the time of appointment to maintain bona fide District residency for a period of five (5) consecutive years from the effective date of appointment.

 

1017.9Except as provided in § 1017.11, a Board of Education employee who claims a residency preference in applying for a competitive promotion in the Educational Service and is selected for the position shall agree in writing no later than the day before the effective date of appointment to maintain a bona fide District residency for a period of five (5) consecutive years from the effective date of appointment.

 

1017.10Except as provided in § 1017.1, a person who claims a residency preference as provided in §§ 1017.2 or 1017.3 and who is selected for the position shall also sign a statement on or before the effective date of appointment or promotion which certifies the following:

 

(a)That the person has received written notification of the residency requirements;

 

(b)That the person has read the notice, has been given an opportunity to ask questions about the residency requirements, and understands the residency requirements;

 

(c)That the person understands that failure to maintain residency in the District of Columbia for a period of five (5) consecutive years will result in forfeiture of the position; and

 

(d)That the place of residence stated in the certification is the person’s actual, regular, and principal place of occupancy.

 

1017.11Notwithstanding any other provision of this section, any person who was employed by the District of Columbia government or the Board of Education on December 31, 1979, and who is still employed by the District of Columbia government or the Board of Education without having had a break in service of one (1) workday or more since that date shall be granted a residency preference, as provided in § 1017.12, upon application for a competitive promotion in the Educational Service. Such persons shall not be required to maintain bona fide District residency for a period of five (5) consecutive years from the effective date of appointment.

 

1017.12The entitlement to a residency preference pursuant to § 1017.11 shall be granted if at least one (1) of the qualified applicants for the position has claimed a residency preference.

 

1017.13Failure to maintain bona fide District residency as required by §§ 1017.8 and 1017.9 shall result in forfeiture of employment.

 

1017.14When, in a reduction in force, two (2) or more employees have equal retention standings in regard to a position that is to be eliminated, a retention preference will be given to the following:

 

(a)Any Board of Education employee in the Educational Service who is a bona fide resident of the District of Columbia; and

 

(b)Any Board of Education employee in the Educational Service who is not a resident of the District of Columbia, but who was hired by the District government or the Board of Education prior to January 1, 1980, and has continued employment without a break in service subsequent to January 1, 1980.

 

1017.15When the provisions of § 1017.14 conflict with the provisions of an effective collective bargaining agreement, the provisions of the collective bargaining agreement shall govern to the extent that there is a conflict.

 

1017.16For the purpose of this section, a “bona fide resident of the District of Columbia” is a person who is a domiciliary of the District of Columbia and who maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy.

 

1017.17For the purpose of this section, in order to be a domiciliary of the District of Columbia, a person shall establish and maintain a physical presence in the District and shall have the intent to remain in the District for a minimum of five (5) consecutive years from the date of appointment.

 

source

Final Rulemaking published at 27 DCR 4297, 4315 (October 3, 1980); as amended by Final Rulemaking published at 39 DCR 2054 (March 27, 1992).