5844558 Education, Office of the State Superintendent of - Notice of Final Rulemaking - Amending regulations to add a new Chapter 35 (Pre-KEnhancement and Expansion Funding) to enhance and expand high quality pre-K programs across the District.
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OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
Notice of FINAL rulemaking
The State Superintendent of Education, pursuant to the authority set forth in Sections 102, 106 and 501 of the Pre-K Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.02, 38-271.06, and 38-275.01 (2012 Repl. & 2015 Supp.)) (“Pre-k Act”), and Mayor’s Order 2009-44, dated March 27, 2009, hereby gives notice of the adoption of a new Chapter 35 (Pre-K Enhancement and Expansion Funding) of Title 5 (Education), Subtitle A (Office of the State Superintendent of Education) of the District of Columbia Municipal Regulations (DCMR).
The purpose of the rulemaking is to enhance and expand high quality pre-K programs across the District. Research has shown the multiple benefits of attending high quality pre-K programs, including increased school readiness, lower rates of grade retention and special education placements, improved high school graduation rates, reduced interaction with law enforcement, and higher rates of college attendance and completion. This rulemaking establishes procedures to facilitate and distribute funding for pre-K enhancement and expansion, administered by the Office of the State Superintendent of Education, into community-based organizations providing pre-K programs. Further, these rules enable the enhancement of current pre-K education services and broaden access to high quality early education programs by maximizing resources through utilization of multiple funding sources.
Emergency and proposed regulations were published in the D.C. Register on October 2, 2015, at 62 DCR 13045. The comment period officially closed on November 2, 2015, with the State Superintendent having received comments from two (2) advocates and members of the regulated community. The State Superintendent had made one (1) non-substantive clarification amendment. Subsection 3501.1(i) is amended to add the language “that meets OSSE’s requirements” and is revised to change “federally-stated goals” to “Federal law.” This clarifying additional language reflects the intent of the original language. This amendment is intended to clarify the role of OSSE as the District of Columbia State Educational Agency to ensure high quality inclusive opportunities for children with disabilities so that children with disabilities and their families are provided the opportunity for full participation and success in accordance with Federal requirements.
One commenter requested that OSSE issue a “frequently asked questions” document to address common questions from providers. In response to this comment, OSSE will issue a “frequently asked questions” document in the near future to address the main concerns or questions that we have received from providers thus far. The same commenter also requested that the State Superintendent also include a requirement to compensate the management team at the rate equal to those in D.C. public schools. OSSE has considered this comment; however, the Superintendent does not intend to adopt this recommendation in the current rulemaking.
In addition, this final rulemaking does not adopt Subsection 3501.1(e) regarding teacher academic and degree requirements that was included in the Notice of Proposed Rulemaking. However, this final rulemaking does reserve this subsection, as teacher academic and degree requirements will be adopted in a separate final rulemaking action upon approval of the State Board of Education, pursuant to Section 201(b)(6) of the Pre-K Act (D.C. Official Code § 38-272.01(b)(6) (2012 Repl. & 2015 Supp.)).
These rules have been “deemed approved” by the Council of the District of Columbia, pursuant to Section 501(a) of the Pre-K Act (D.C. Official Code § 38-275.01(a) (2012 Repl. & 2015 Supp.)). These rules were adopted as final by the Superintendent on January 22, 2016, and will become effective upon publication of this notice in the D.C. Register.
Title 5- A DCMR, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION, is amended by adding a new Chapter 35 to read as follows:
CHAPTER 35 PRE-K ENHANCEMENT AND EXPANSION FUNDING
3500 GENERAL PROVISIONS
3500.1 This chapter establishes regulations governing the allocation or award of pre-K enhancement and expansion funding to be distributed by the Office of the State Superintendent of Education (“OSSE”) to community-based organizations pursuant to the Pre-K Enhancement and Expansion Amendment Act of 2008 (the “Act”), effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.01 et seq.).
3500.2 Pursuant to Section 201 of the Act (D.C. Official Code § 38-272.01) the purpose of this chapter is to establish the process for allocation or award of funding to community-based organizations providing high quality pre-K education services for pre-K age children, including allocations or awards where available appropriations are insufficient to fund the full amount of the uniform per student funding formula (“UPSFF”) established pursuant to Section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C Official Code § 38-1804.01).
3500.3 To receive and maintain an allocation or award of funding under this chapter, each high quality pre-K program shall meet and maintain the following eligibility criteria:
(a) Be a community-based organization;
(b) Operate a pre-K education service in the District of Columbia;
(c) Prior to the provision of high quality pre-K education services to a child, the high quality pre-K program shall determine if the child:
(1) Is a resident of the District of Columbia, in reliance on the same type of documentation that may be used to establish residency for public school students pursuant to Section 12 of the Student Residency Requirement Act (D.C. Official Code § 38-309);
(2) Is or will be three (3) years of age or four (4) years of age on or before September 30 of the program year for which the child is being enrolled; and
(3) Is eligible for subsidized child care;
(d) Provide the support necessary to help families initially acquire or maintain subsidized child care if they are eligible;
(e) Enroll and maintain a class size of no fewer than fifteen (15) and no more than sixteen (16) children in classrooms where the youngest child is three (3) years old or a class size of no fewer than sixteen (16) and no more than twenty (20) in classrooms where the youngest child is four (4) years old;
(f) Participate in the Child and Adult Care Food Program (CACFP), as authorized by Section 17 of the National School Lunch Act, approved October 7, 1975 (89 Stat. 522; 42 U.S.C. § 1766), unless exempted from participation through a waiver from OSSE;
(g) Operate Monday through Friday, beginning no earlier than 7:00 a.m.; provide at least six and a half (6.5) hours of pre-K education services, at least thirty-nine (39) weeks a year, for a total of at least one hundred eighty (180) days; and follow the holiday and closing calendar schedule of the District of Columbia Public Schools;
(h) Meet any other eligibility criteria established by OSSE.
3501 HIGH QUALITY STANDARDS
3501.1 A CBO providing pre-K education services shall be designated as a high quality pre-K program and be eligible for the purposes of funding under this chapter, if the CBO meets each of the following high-quality standards:
(a) An adult-to-child ratio of one-to-eight (1:8) for children thirty (30) months to three (3) years of age and of one-to-ten (1:10) for children four (4) years of age or older. When children of different ages are combined in one group, the adult-to-child ratio for the youngest child shall apply;
(b) The consistent use of a comprehensive curriculum that is aligned with the District of Columbia’s early learning standards. High quality pre-K programs shall provide a comprehensive educational program and use age-appropriate instructional practices in the implementation of that program. Programs shall use, as the basis of their education programs, one of the following curriculum models:
(1) Creative Curriculum®;
(2) HighScope®;
(3) Tools of the Mind®;
(4) Core Knowledge®;
(5) Opening the World of Learning©;
(6) Houghton Mifflin Pre-K®;
(7) Frog Street®;
(8) Montessori®; or
(9) Another curriculum approved by OSSE that is both research-based and nationally recognized.
(c) Accreditation by a national accrediting body approved by OSSE;
(d) Utilization of child assessment tools that are aligned with the curriculum selected by the program. Children enrolled in the program shall be assessed using this tool at least three (3) times during the program year and the assessments shall be shared with families at least two (2) times during the program year. The program shall ensure that child assessment procedures reflect appropriate practices for young children. The program shall provide the results of the assessment for each child to OSSE within a month after conducting the assessment;
(e) [RESERVED];
(f) The following teachers and assistant teachers shall be paid wages equivalent to District of Columbia Public School pre-K teachers or assistant teachers, respectively, based on years of experience:
(1) A teacher that holds a bachelor’s degree in early child development, early childhood education, or child and family studies or who has a bachelor’s degree and has completed eighteen (18) credits in child development, early childhood education, or child and family studies;
(2) An assistant teacher that holds an associate’s degree in early childhood education or who has completed nine (9) credits in child development, early childhood education, or child and family studies;
(g) A professional development and training plan for pre-K teachers and assistant teachers;
(h) High quality pre-K programs shall provide opportunities for the parents of children to participate in and support the program’s educational mission as active partners in their child’s learning and development. High quality pre-K programs shall be supportive and sensitive to the cultural and linguistic backgrounds of the parents. High quality pre-K programs shall plan activities to increase parent participation such as encouraging families to volunteer their time, talents, special skills, and experiences. High quality pre-K programs shall plan educational workshops for parents, hold two (2) parent- teacher conferences a year, and provide other activities that foster family partnership over the program year. Parents shall be given timely notice in advance of each enrichment opportunity. Documentation of the offered parent activities and of the family participation is required and shall be submitted along with a site’s quarterly report;
(i) A plan that meets OSSE’s requirements to ensure inclusion of children with disabilities, in accordance with Federal law;
(j) High quality pre-K programs shall provide and maintain at all times safe, secure, and developmentally appropriate space for use as classrooms. The classrooms shall be of sufficient size to provide a minimum of thirty-five (35) square feet of interior, usable space per child which space shall be accessible to children with disabilities in accordance with the Americans with Disabilities Act;
(k) High quality pre-K programs shall ensure that the daily active play for each pre-K age child includes, at a minimum, two (2) hours of active play time, including a minimum of forty-five (45) minutes of outdoor play time, weather permitting. In inclement weather, active play shall be encouraged and supported in a safe indoor play area;
(l) High quality pre-K programs shall be licensed according to Chapter 3 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR), prior to the receipt of funding. All participating sites shall remain in compliance with the licensing requirements as defined by 29 DCMR regulations;
(m) Maintain a process for continuous improvement, ongoing classroom assessments, and the collection of authentic child assessment data at least three (3) times a year; and
(n) Provide comprehensive health and support services for all children enrolled in the program. High quality pre-K programs shall ensure all children receive within forty-five (45) days of enrollment a developmental screening that includes assessments of social and emotional development. High quality pre-K programs shall also ensure children receive vision and hearing screenings.
3501.2 Designation as a high quality pre-K program is solely for the purpose of obtaining pre-K enhancement and expansion funding.
3502 PRE-K ENHANCEMENT AND EXPANSION FUNDING
3502.1 OSSE shall ensure that funding allocated to CBOs providing high quality pre-K education services, pursuant to this chapter, supplements and does not supplant existing federal and local funding sources available for education services for pre-K age children in the District of Columbia, including but not limited to funding available through subsidized child care programs and the Head Start program, as appropriate.
3502.2 High quality pre-K programs receiving pre-K enhancement and expansion funding shall only use the funding provided under this chapter to maintain the pre-K high quality standards as defined in Section 201 of the Pre-K Enhancement and Expansion Amendment Act (D.C. Official Code § 38-272.01) and in this chapter.
3502.3 If a child enrolled in a high quality pre-K classroom loses funding provided through a subsidized child care program because the child, or parent or guardian of the child, is no longer eligible to receive the subsidy, funds allocated pursuant to this chapter may be used to cover the cost of delivering child care services to ensure continuity of services for the child. Such a child shall remain enrolled in the current educational setting and classroom regardless of his or her subsidy status, unless both the high quality pre-K program and the child’s parent or guardian determine that another environment is more appropriate to serve the needs of the child. High quality pre-K programs shall help the child’s family regain and restore eligibility for the subsidized child care program when possible. High quality pre-K programs shall work closely with families to anticipate potential changes to subsidized child care, such as loss of work and annual redetermination. If a family is not able to restore subsidized child care, funds allocated pursuant to this chapter may be used to cover the full cost of maintaining the child’s continued participation in the high quality pre-K program, including child care services.
3502.4 The funds allocated pursuant to this chapter may also be used to cover the full UPSFF costs for a child who is enrolled in a high quality pre-K program classroom, but is not eligible for subsidized child care.
3502.5 High quality pre-K programs providing year-round services to pre-K age children for more than six and a half (6.5) but no more than ten and a half (10.5) hours a day are eligible to receive pre-K enhancement and expansion funding to provide pre-K education services for no more than six and a half (6.5) hours for each child for no more than one hundred eighty (180) days.
3502.6 All Head Start, subsidized child care program, and pre-K enhancement and expansion funding policies and regulations shall be applied to the respective student, with the most stringent standard from either program adhered to.
3503 APPLICATION FOR HIGH QUALITY DESIGNATION
3503.1 OSSE shall accept applications for high quality designation on an annual basis.
3503.2 OSSE shall require all pre-K programs designated as high-quality to re-apply for high quality designation every three (3) years. Each pre-K program designated as high-quality shall submit to OSSE, by August 1st of each year, a projection of the number of pre-K age children it anticipates enrolling, including the projected number of children eligible and receiving subsidized child care.
3503.3 All CBOs designated prior to January 2015 as high quality pre-K programs for the purposes of pre-K enhancement and expansion funding shall re-apply for high quality designation pursuant to the requirements of this chapter in order to be eligible for UPSFF funding beginning with the 2016-2017 school year.
3503.4 All CBOs who meet the eligibility requirements and the pre-K high quality standards as defined in this chapter, may apply for high quality designation pursuant to the requirements of this chapter in order to be eligible for UPSFF funding beginning with the 2015-2016 school year.
3503.5 Applications for high quality designation shall be in a format and shall contain the information designated by OSSE.
3503.6 OSSE shall verify each of the eligibility criteria for the high quality designation and determine whether the CBO providing pre-K education services meets all of the high quality standards.
3504 DISTRIBUTION OF PRE-K ENHANCEMENT AND EXPANSION FUNDING
3504.1 Pre-K enhancement and expansion funding shall be provided in the manner set forth in this section to eligible District of Columbia high quality pre-K programs that meet the eligibility requirements set forth in this chapter and maintain the high quality standards set forth in this chapter.
3504.2 OSSE shall allocate the pre-K enhancement and expansion funds as follows:
(a) FY 2015 pre-K enhancement grantees, CBOs that received funding in 2014-2015 school year, that meet the eligibility requirements set forth in this chapter, and have maintained the high quality standards set forth in this chapter shall receive funding, per student, as appropriate, in an amount not to exceed the UPSFF for a six and a half (6.5) hour day, one hundred and eighty (180) days a year.
(b) If there is any funding remaining after OSSE has allocated the pre-K enhancement and expansion funding to the FY 2015 pre-K enhancement grantees, OSSE shall:
(1) Determine if there is sufficient funding to allocate supplemental funding in an amount not to exceed the UPSFF for a six and a half (6.5) hour day for one hundred eighty (180) days for each student enrolled in a high quality pre-K program that filed an application designation as a high quality program and that meets the eligibility requirements and the high quality standards set forth in this chapter.
(2) If there is not sufficient funding to allocate to every such high quality pre-K program that meets the eligibility requirements and the high quality standards set forth in this chapter, OSSE shall distribute funding to each such high quality pre-K program that:
(A) Meets the eligibility requirements and the high quality standards set forth in this chapter; and
(B) Serves a student population where the percentage of children enrolled are eligible for and receiving subsidized child care or Head Start funding is equal to or exceeds thirty-five percent (35%) of the total enrolled pre-k child population.
(3) If there is not sufficient funding to allocate to every high quality pre-K program that meets the requirements set forth in subparagraph (2) of this paragraph, OSSE shall distribute funding to each high quality pre-K program that:
(A) Meets the eligibility requirements and the high quality standards set forth in this chapter;
(B) Serves a student population where the percentage of children enrolled are eligible for and receiving subsidized child care funding or Head Start funding is equal to or exceeds thirty five percent (35%) of the total enrolled pre-k child population; and
(C) Serves a student population in a high need community.
3504.3 The actual amount of funding allocated to each high quality pre-K program will be based on the number of pre-K age children served by the high quality pre-K program, as verified by OSSE’s annual enrollment audit pursuant to D.C. Official Code § 38-1804.02(b)(3), and minus any other local or federal funding sources available for education services for pre-K age children in the District of Columbia, including but not limited to subsidized child care and the Head Start Program, as applicable.
3504.4 If the amount appropriated to OSSE is insufficient to fund all high quality pre-K programs that meet the eligibility requirements and the high-quality standards set forth in this chapter, OSSE may distribute the funds through a competitive grant process.
3505 PRE-K ENHANCEMENT AND EXPANSION GRANT
3505.1 This section applies to allocation of pre-K enhancement and expansion funding through a competitive grant process.
3505.2 For each competitive grant cycle, OSSE shall make available a request for funding application (RFA).
3505.3 To be eligible to apply for a grant, an applicant shall:
(a) Be a CBO;
(b) Provide all assurances required in the RFA, and
(c) Meet any other requirements set forth in the RFA.
3505.4 The maximum funding available for a pre-K grant for each competitive grant cycle shall be specified in the RFA.
3505.5 A pre-K grant shall be used only to assist eligible pre-K programs in maintaining the high quality standards and program requirements.
3505.6 Grants awarded through the pre-K funding shall supplement, not supplant, any federal, local, or other funds received by a CBO providing education programs for pre-K age children in the District.
3505.7 OSSE reserves the authority to define the terms of pre-K grants in the RFA for each pre-K grant competition.
3506 MONITORING
3506.1 OSSE shall have the authority to monitor high quality pre-K programs at any time to verify their continued eligibility, and may revoke the high quality designation based upon a finding that the school does not meet the eligibility criteria. A high quality pre-K program shall cooperate with any monitoring conducted by OSSE pursuant to this subsection, and failure to do so may result in loss of high quality designation.
3506.2 A high quality pre-K program that receives pre-K enhancement and expansion funding shall submit monthly reports and a final report to OSSE, in a format and manner as determined by OSSE. The monthly report shall be due no later than ten (10) business days after the end of each month during the funding period, and the final report shall be due no later than fifteen (15) business days after the end of the funding period. Reports shall include copies of all invoices for all expenditures made with pre-K enhancement and expansion funding, enrollment and attendance reports, and specific measurable activities and outcomes reports.
3506.3 A high quality pre-K program that receives pre-K enhancement and expansion funding shall submit individual child outcome assessment data for all pre-K age children enrolled on November 30, February 28, and May 31 of each program year.
3506.4 A high quality pre-K program that receives pre-K enhancement and expansion funding shall:
(a) Submit budget amendment and modification requests to OSSE and obtain approval from OSSE before expending pre-K enhancement funds for a purpose that was not included in the original approved budget;
(b) Maintain accurate and complete records of all activities supported by the grant for three (3) years after the end of the funding period or such longer period as may otherwise be specified by OSSE;
(c) Maintain records that document initial and periodic assessments, initial and periodic plans, and the ongoing progress of program activities; and
(d) Ensure confidentiality and prevent unauthorized access to records. Programs shall maintain all records, including required reports, documents, and files on-site, in a properly secured cabinet or location. Records shall be accessed by authorized personnel only.
3506.5 OSSE shall monitor a high quality pre-K program that receives pre-K enhancement and expansion funding throughout the funding period. OSSE’s monitoring may include, but is not limited to, scheduled and unscheduled visits to the high quality pre-K program’s facility or principal place of business.
3506.6 A high quality pre-K program that receives pre-K enhancement and expansion funding shall fully cooperate with authorized representatives of the Government of the District of Columbia, including OSSE, and shall provide them access to facilities, staff, and records related to the allocation of pre-K enhancement and expansion funding upon request.
3507 FAILURE TO MAINTAIN HIGH QUALITY PRE-K PROGRAM
3507.1 If a high quality pre-K program that receives pre-K enhancement and expansion funding fails to comply with the terms of the distribution or applicable federal or District of Columbia laws or regulations, OSSE may, after giving reasonable written notice to the recipient, terminate the funding in whole or in part and/or, in its discretion, place the high quality pre-K program that received pre-K enhancement and expansion funding on probation to ensure compliance. In the absence of extenuating circumstances, reasonable notice shall be no less than thirty (30) calendar days
3507.2 OSSE shall provide to the high quality pre-K program that received pre-K enhancement and expansion funding written notice of termination or probation, and, if applicable, required remedial action. The notice shall state with specificity the reasons for the termination or probation, the specific remedial action required of the high quality pre-K program, and the effective date of the termination or placement on probation.
3507.3 OSSE may in its discretion make the termination effective in less than thirty (30) days, if a delayed effective date would be unreasonable under the circumstances, taking into consideration the responsibility to protect the public interest.
3507.4 A high quality pre-K program placed on probation status shall be required to complete a corrective action plan and may have its funding withheld until all identified noncompliance is corrected.
3507.5 A corrective action plan shall include strategies to regain compliance. OSSE may provide technical assistance during the preparation of the corrective action plan. Failure to correct all areas of noncompliance may result in a recommendation to terminate funding to the program.
3507.6 A high quality pre-K program may request review of a decision by OSSE to terminate the funding or probation. A request for review shall be submitted in writing to OSSE at any time before the effective date of the termination or probation, or within thirty (30) calendar days of the date the recipient received notice of termination, whichever is longer. The written request for review shall include the following:
(a) A concise statement of facts regarding each specified reason for the termination or required remedial action;
(b) The specific basis for contesting each reason;
(c) The specific relief requested; and
(d) Two (2) copies of all documentary evidence supporting the recipient’s positions.
3507.7 Review of the high quality pre-K program’s request shall be performed by an OSSE employee designated by the State Superintendent of Education and such person shall not have participated in the decision to designate the CBO as a high quality pre-k program, the allocation or award of pre-K enhancement and expansion funding, or the decision to terminate the funding. The decision of the reviewer shall be final.
3599 DEFINITIONS
For the purposes of this chapter, the following terms shall have the meanings ascribed:
“Accreditation” means approval by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE.
“Child Development Associate” or “CDA” means a credential obtained under the award system of the Council for Professional Recognition.
“Community-based organization” or “CBO” means a Head Start or early childhood education program operated by a non-profit, for-profit, or faith-based organization, or organization that participates in local or federally-funded early childhood programs, including the Child Care Subsidy.
“Enrolled” means a child has been accepted and attended at least one classroom in the high quality pre-K program.
“FY15 Pre-K Enhancement Grantees” means the CBOs that received a Pre-K Enhancement grant in the 2014-2015 school year.
“Head Start” means the federal program for children ages three (3) to five (5) years old that promotes the school readiness of young children from low-income families pursuant to the Improving Head Start for School Readiness Act of 2007, approved December 12, 2007 (121 Stat. 1363, 42 U.S.C. §§ 9801 et seq.), and its implementing regulations.
“High need community” means a geographically defined area, such as a neighborhood or Ward within the District that is currently underserved by high quality pre-k programs, based on the number and percentage of three (3)- and four (4)-year-olds not enrolled in a high quality pre-K program provided by the District of Columbia Public Schools, public charter schools, or a community based organization.
“High quality pre-K program” means a program providing pre-K education services to pre-K age children operated by a CBO, designated by OSSE, as a program meeting and maintaining the high quality standards and program requirements for pre-K programs pursuant to D.C. Official Code § 38-272.01 or as provided in this chapter.
“High quality standards” means the high quality standards for pre-K programs pursuant to D.C. Official Code § 38-272.01 or as updated in any subsequent regulations or legislation.
“OSSE” means the Office of the State Superintendent of Education.
“Pre-K age children” means children who are (i) three (3) years of age on or before September 30 of the program year for which the child is being enrolled; (ii), four (4) years of age; or (iii) five (5) years of age after September 30 of the program year for which the child is being enrolled.
“Pre-K education service” means the purposeful, well planned and developmentally appropriate practice and instruction provided by community-based organizations to pre-K age children.
“Pre-K enhancement and expansion funding” means funding to be distributed by the OSSE, subject to availability, to community based organizations pursuant to the Pre-K Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.01 et seq.).
“Program year” means the thirty-nine (39) weeks of a year, for a total of one hundred eighty (180) days, that the high quality pre-K program offers pre-K education services.
“Subsidized child care” means part-time or full-time child care services, subsidized in whole or in part to eligible families pursuant to local and federal law, including but not limited to Sections 5a and 6 of the Day Care Policy Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-216; D.C. Official Code §§ 4-404.01 and 4-405), 29 DCMR § 380 (“Direct-Subsidized Child Care Services”), and the Child Care and Development Block Grant Act of 2014, approved November 19, 2014 (Pub. L 113-186, 128 Stat. 1971).
“Uniform per student funding formula” or “UPSFF” means the amount of funding provided for each student attending a public school in the District of Columbia, pursuant to Section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C Official Code § 38-1804.01).
