6146616 Resolution 21-577, Public Charter School Board Donald Soifer Confirmation Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-577

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

July 12, 2016        

 

               

To declare the existence of an emergency with respect to the need to confirm the reappointment of Mr. Donald Soifer to the Public Charter School Board.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

resolution may be cited as the “Public Charter School Board Donald Soifer Confirmation Emergency Declaration Resolution of 2016”.

 

Sec. 2. (a)  Section 2214 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.14) (“School Reform Act”), established the Public Charter School Board (“PCSB”) as a 7-member board with the purposes of authorizing new school charters, monitoring the success of charter schools under its jurisdiction, and ensuring that the public charter schools under its authority are in compliance with the terms of their charters and applicable laws.  The PCSB is currently the District’s only charter school authorizing authority and oversees 114 schools on 62 campuses.

            (b) On May 4, 2016, Chairman Mendelson introduced, at the request of the Mayor, PR21-722, the Public Charter School Board Donald Soifer Confirmation Resolution of 2016, to confirm Donald Soifer to the PCSB for a 4-year term, ending February 24, 2020. 

(c) The Committee on Education held a public roundtable on PR21-722 on June 9, 2016. (d) Section 2214(a)(5)(B) of the School Reform Act provides that members of the PCSB shall be eligible to be reappointed for one 4-year term beyond their initial term of appointment.   (e) Mr. Soifer has served as a PCSB member since December 2008.  His first term ran from December 8, 2008, to February 24, 2012, and the Council reappointed him for a second term, which ran from February 24, 2012, to February 24, 2016.  Therefore, Mr. Soifer’s reappointment to a third term requires the Council to confirm his nomination notwithstanding the term limits imposed by section 2214(a)(5)(B) of the School Reform Act.

(f) It is the opinion of the Committee on Education, the Mayor’s Office of Legal Counsel, the Deputy Mayor for Education, and the Public Charter School Board that Mr. Soifer is a dedicated and highly qualified member of the PCSB.  He has not missed a regularly scheduled board meeting in his 8 years of service and remains heavily engaged with charter applicants and authorized schools.  His nomination has support from both the public and government entities.  Therefore, the Committee on Education recommends that Mr. Soifer be confirmed to serve for a third and final term.

(g) Mr. Soifer’s appointment requires emergency action to allow for the necessary quorum for the PCSB meetings that provide for the governance and oversight of all authorized public charter schools.  When PCSB members are in hold-over status, there is less legitimacy to their role on the board.  Mr. Soifer’s term expired on February 24, 2016, and he has since been serving in a hold-over status.  The Committee on Education believes that prior to Council recess it is imperative to move this nomination on an emergency basis. 

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Public Charter School Board Donald Soifer Confirmation Emergency Act of 2016 be approved after a single reading.

 

Sec. 4. This resolution shall take effect immediately.