Section 5-E301. DISTRIBUTION OF EDUCATIONAL RESOURCES

 

301.1The Superintendent of Schools shall establish and implement a system for the allocation of resources throughout the school system which ensures the equitable distribution of available resources and services among all students.

 

301.2The system for allocation of resources shall include provision for the following:

 

(a)A curriculum designed to promote the attainment of basic and essential knowledge, competencies, and skills that will enable each student to function as a useful citizen;

 

(b)Equal access of all students to the basic curricular offerings that constitute the requirements for program advancement and graduation;

 

(c)Equitable allocation of resources for supplemental curricular offerings and alternative educational programs beyond the basic and essential curriculum;

 

(d)Equal access of students who meet individual program eligibility requirements to specialized and alternative educational programs, regardless of the availability of those programs at any particular school;

 

(e)A program for the assignment of instructional staff designed to balance experience, training, and supplemental academic preparation;

 

(f)Equalization of personnel resources throughout the school system in each major division of the educational program on the basis of students enrolled per instructional staff member;

 

(g)Equalization of non-personnel resources throughout the school system in each major division of the educational program on the basis of annual expenditure per student for textbooks, library resources, and other instructional materials and supplies; and

 

(h)A system for monitoring and evaluating compliance with this section, and the publication of compliance data and information as part of a program of public accountability.

 

301.3Local school decisions on supplemental or alternative programs and services shall be based upon the informed input of students, parents, and educators.

 

301.4For purposes of this section, the term “major division of the educational program” shall mean the following divisions:

 

(a)Elementary, including kindergarten through sixth grade;

 

(b)Junior high school; and

 

(c)Senior high school.

 

301.5For purposes of this section, the term “major division of the educational program” shall not include any of the following specific programs and services:

 

(a)Special Education, Career Development, or Adult Education;

 

(b)Positions funded by categorical federal grant funds;

 

(c)Pre-school, prekindergarten, or bilingual education; or

 

(d)The Ellington School for the Arts, Capitol Page School, the School Without Walls, and Spingarn STAY.

 

301.6For purposes of this section, the term “equalization” means that no school within any major division or subdivision of the educational program shall deviate by more than plus or minus five percent (5%) from the average of all schools in the same division or subdivision, except as provided otherwise in this section.

 

301.7For purposes of this section, the term “student” shall be based on official membership, as determined by the Superintendent of Schools. Membership figures shall reflect “full-time equivalent” membership.

 

301.8For purposes of this section, the term “instructional staff member” shall include the following:

 

(a)Elementary division: all teachers, including special subject teachers, ET-15 or the equivalent, whose employment status is permanent, probationary, probationary under contract, or temporary, and whose salary is paid from the general fund or from non- categorical grant funds; and

 

(b)Junior and senior high divisions: all teachers, principals, consultants or supervisors of instruction, librarians, guidance counselors, psychological personnel, aides, and other clerical or paraprofessional personnel employed to assist other instructional staff members directly in the provision of services to the classroom.

 

301.9In those schools in the elementary division of the educational program which have a kindergarten through sixth grade student membership of less than two hundred fifty (250) students, the term “equalization” shall be modified to allow a deviation of plus ten percent (10%) from the average of all schools in the division when that term is applied to the pupil-teacher ratio, pursuant to the provisions of § 301.2(f).

 

301.10The Superintendent of Schools may establish two (2) subdivisions within the junior high division and the senior high division of the education program. The purpose of the subdivisions shall be to provide for the comparison of schools of relatively comparable size.

 

301.11If subdivisions are established, they shall include respectively the schools with larger enrollments and the schools with smaller enrollments. Where subdivisions are established, the provisions of this section shall apply to such subdivisions rather than to the division as a whole.

 

301.12The provisions of this section shall be read and interpreted consistent with the provisions of all laws or applicable orders of a court of competent jurisdiction insofar as the laws or court orders apply to the equitable distribution of resources among the students of the public schools.

 

301.13Notwithstanding the specific requirements of this section, if the Superintendent of Schools determines that conditions exist in a particular school which require the temporary assignment of particular personnel, the temporary assignment may be made by the Superintendent without regard to the limitations imposed by this section; provided, that all of the following requirements are met:

 

(a)The Superintendent shall inform the Board in writing of the proposed assignment(s), the particular conditions justifying the assignment(s), the manner in which the assignment(s) will be utilized to correct the conditions at the particular school, and the termination date of the assignment(s); and

 

(b)The assignment(s) by the Superintendent shall not be effective for more than one (1) school year at a time, but may be extended by informing the Board of Education.

 

source

Final Rulemaking published at 24 DCR 3533, 3535-37 (November 4, 1977).