5278854 Public Schools, DC - Notice of Emergency and Proposed Rulemaking - Eligibility For Admission
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DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Chancellor of the District of Columbia Public Schools (DCPS), pursuant to Section 103 of the District of Columbia Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-172(c) (2012 Repl.)), and Mayor’s Order 2007-186, dated August 10, 2007, hereby gives notice of the adoption of the following emergency and proposed rulemaking amending Chapter 20 (Admission of Students) of Subtitle E of Title 5 (Education) of the District of Columbia Municipal Regulations (DCMR),
This emergency rulemaking will delete Section 2004, Chapter 20, and replace it with a new Section 2004. This amendment is necessary to implement new requirements instituted by the District of Columbia Public Schools (DCPS) regarding student assignment and attendance zones.
Emergency rulemakings are necessary for the immediate preservation of the public peace, health, safety, welfare, or morals, pursuant to 1 DCMR § 311.4(e). The new requirements are being effectuated primarily through the out-of-boundary lottery process. The out-of-boundary lottery is utilized by a large number of DCPS parents each year to secure desired spots for their children in a school of their choice. Allowing the amendment to be made as emergency rulemaking will ensure that the lottery can commence as early as possible and operate with the new requirements set forth by the Chancellor.
The emergency rules were adopted on December 8, 2014 and took effect at that time. The rules will remain in effect for up to one hundred twenty (120) days, expiring on April 4, 2015, unless earlier superseded by a Notice of Final Rulemaking.
The proposed rulemaking will be submitted to the Council for a forty-five (45) day period of review. The Chancellor also hereby gives notice of the intent to adopt this rulemaking, in final, in not less than thirty (30) days from the publication of this notice in the D.C. Register, or upon approval of the rulemaking by the Council, whichever occurs later.
Section 2004, ELIGIBILITY FOR ADMISSION, of Chapter 20, ADMISSION OF STUDENTS, of Title 5-E DCMR, EDUCATION, is deleted and replaced with a new Section 2004 to read as follows:
2004 ELIGIBILITY FOR ADMISSION
2004.1 A student who is at least three (3) years of age on or before September 30th shall be eligible for admission to PK-3 program, when pre-school programs are available in the D.C. Public Schools.
2004.2 A student who is or will become four (4) years of age on or before September 30th shall be eligible for the PK-4 program.
2004.3 A student who is or will become five (5) years of age on or before September 30th shall be eligible for admission to the kindergarten program.
2004.4 Where appropriate PK-3 or PK-4, programs are not available in the attendance zone within which a student resides, the student shall be eligible for out-of-boundary admission to a school where the program the student wishes to attend is available, if any, and may apply for admission through the out-of-boundary lottery process, pursuant to § 2106.
2004.5 A student who is or will become six (6) years of age on or before September 30th shall be eligible for admission to the first (1st) grade.
2004.6 Admission to the secondary program shall be based upon the promotion requirements set forth in Chapter 21.
2004.7 Admission to special programs or city-wide schools and programs shall be based upon eligibility criteria established by the Chancellor, unless otherwise set forth in this chapter.
2004.8 The establishment of eligibility criteria for certain programs and age groups shall not necessarily require the D.C. Public Schools to offer any program or serve any age group, except where specifically required by law or this title. The scope of school programs is subject to the availability of adequate resources and the funding determinations of D.C. Public Schools.
Comments on this rulemaking should be submitted, in writing, to Kaya Henderson, Chancellor, DCPS, at 1200 First Street, N.E., 12th Floor, Washington, D.C., 20002, (202) 442-5885, no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Additional copies of this rule are available from the above address.
