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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 Supp.)), and Mayor’s Order 2007-186 (August 10, 2007), hereby gives notice of the adoption of the following emergency rulemaking. This emergency rulemaking will amend Section 2106 (Out-of-Boundary Transfers) of Chapter 21 (Attendance and Transfers) of Subtitle E of Title 5 (Education) of the District of Columbia Municipal Regulations (DCMR), to amend the language regarding the start and end dates of the out-of-boundary lottery application process. The amendment is necessary so that the lottery application process may begin and end on a business day.
Emergency rulemakings must be necessary for the immediate preservation of the public peace, health, safety, welfare, or morals, pursuant to 1 DCMR § 311.4(e) 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 amendment is effective prior to the start of the next school year, when DCPS will begin publicizing plans for the next out-of-boundary lottery. Having the lottery begin and end on a business day will allow DCPS to better serve the needs of parents throughout the entire process.
The emergency rules were adopted on May 23, 2013 and took effect at that time. The rules will remain in effect for up to one hundred twenty (120) days, expiring on September 20, 2013, unless earlier superseded by a notice of final rulemaking.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.
Chapter 21 (Attendance and Transfers) of Subtitle E of Title 5 (Education) of the DCMR is amended as follows:
Section 2106 (Out-of-Boundary Transfers), Subsection 2106.4 is amended to read as follows:
2106.4 Applications for out-of-boundary transfers for the following school year shall be submitted through the DCPS’s formal application, not earlier than the last Monday in January nor later than the last Monday in February, stating the reasons for the request. The Chancellor or his/her designee shall send a response to any such request no later than March 31st.
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, 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.
