§ 38–2905. Supplement to foundation level funding on the basis of the count of special education, LEP/NEP, summer school, and residential school students.

(a) In addition to grade level allocations, supplemental allocations shall be provided on the basis of the count of students identified as entitled to and receiving:

(1) Special education;

(2) English as a second language or bilingual education services;

(3) Summer school instruction for students who do not meet literacy standards pursuant to promotion policies of the DCPS or Public Charter Schools as defined in § 38-1804.01(b)(3)(B)(ii); and

(4) Extended school days.

(a-1) Pursuant to § 38-2905.01, supplemental allocations shall be provided on the basis of the count of students identified as at-risk.

(b) Supplemental allocations shall be provided for each student in full-time residence at a residential DCPS or Public Charter School.

Special Education Add-ons:

Level/ Program	Definition	Weighting	Per Pupil Allocation in FY 2023
Level 1: Special Education	Eight hours or less per week of specialized services	0.97	$12,046
Level 2: Special Education	More than 8 hours and less than or equal to 16 hours per school week of specialized services	1.20	$14,903
Level 3: Special Education	More than 16 hours and less than or equal to 24 hours per school week of specialized services	1.97	$24,465
Level 4: Special Education	More than 24 hours per week of specialized services which may include instruction in a self-contained (dedicated) special education school other than residential placement	3.49	$43,342
Special Education Compliance	Weighting provided in addition to special education level add-on weightings on a per-student basis for Special Education compliance.	0.099	$1,229
Attorney's Fees Supplement	Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney's fees.	0.089	$1,105
Residential	D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program	1.67	$20,470

General Education Add-ons:

Level/ Program	Definition	Weighting	Per Pupil Supplemental Allocation FY 2023
Elementary ELL	Additional funding for English Language Learners in grades PK3-5	0.50	$6,210
Secondary ELL	Additional funding for English Language Learners in grades 6-12, alternative students, adult students, and students in special education schools	0.75	$9,314
At-risk	Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level in high school	0.24	$2,981
At-risk High School Over-Age Supplement	Weighting provided in addition to at-risk weight for students who are behind grade level in high school	0.06	$745
At-risk > 40% Concentration Supplement	Weighting provided in addition to at-risk weight for the percentage of at-risk students above 40% enrolled in a school where at least 40% of the student population is at-risk	0.05	$621
At-risk > 70% Concentration Supplement	Weighting provided in addition to at-risk weight for the percentage of at-risk students above 70% where at least 70% of the student population is at-risk	0.05	$621

Residential Add-ons:

Level/ Program	Definition	Weighting	Per Pupil Allocation in FY 2023
Level 1: Special Education - Residential	Additional funding to support the after-hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	0.37	$4,595
Level 2: Special Education - Residential	Additional funding to support the after-hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	1.34	$16,641
Level 3: Special Education - Residential	Additional funding to support the after-hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	2.89	$35,891
Level 4: Special Education - Residential	Additional funding to support the after-hours level 4 special education needs of limited and non-English proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	2.89	$35,891
LEP/NEP - Residential	Additional funding to support the after-hours limited and non-English proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	0.668	$8,296

Special Education Add-ons for Students with Extended School Year ("ESY") Indicated in Their Individualized Education Programs ("IEPs"):

Level/ Program	Definition	Weighting	Per Pupil Allocation in FY 2023
Special Education Level 1 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.063	$782
Special Education Level 2 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.227	$2,819
Special Education Level 3 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.491	$6,098
Special Education Level 4 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.491	$6,098

(d) The above weightings shall be applied cumulatively in the counts of students who fall into more than one of the above categories.

(e)(1) The summer school weighting of 0.17 shall apply to DCPS and public charter school students enrolled for at least 6 weeks for the purpose described in § 38-2901(13). Summer school students enrolled for a lesser period shall be funded for the number of days in that period on a pro-rata basis.

(2) To receive funding, a DCPS or public charter school summer school program must offer at least 60 hours of instruction outside the regular school year.

(3) To receive full funding, a summer school program must offer at least 4 hours of instruction per day, 5 days a week, for 6 weeks, or its equivalent, for a total of at least 120 hours of instruction outside the regular school year for the purpose described in § 38-2901(13).

(4) The fully funded summer school weighting of 0.17 shall apply for summer school programs that meet the requirements of paragraph (3) of this subsection.

(5) Summer school programs that enroll students for less than 120 hours but more than 59 hours shall be funded on a pro-rata basis.

(f)(1) Funding for special education students enrolled in summer school whose Individual Education Plans require extended school year or summer school services shall be calculated using the add-on weights corresponding to their special education service levels as defined in subsection (c) of this section.

(2) Special education add-on weights for summer school shall apply only to summer programs that deliver the specialized services required by the Individual Education Plans of their enrolled special education students.

(g) The supplemental allocation for the extended school day shall be subject to the inclusion of its fiscal effect in an approved budget.

(Mar. 26, 1999, D.C. Law 12-207, § 106, 45 DCR 8095; Oct. 19, 2000, D.C. Law 13-172, § 2702, 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, § 502, 48 DCR 6981; Oct. 1, 2002, D.C. Law 14-190, § 3402(d), 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 102(c), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 312(c), 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 4002(c), 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-348, § 101(b), 52 DCR 1991; Oct. 20, 2005, D.C. Law 16-33, § 4012(c), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192,§ 4002(d), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 4002(d), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4016(c), 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 4002(b), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4022(c), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(c), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4003(d), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 4002(c), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 95(a), 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 4002(c), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4002(c), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4002(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4002(c), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4002(c), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 201(c), 65 DCR 5091; Oct. 30, 2018, D.C. Law 22-168, § 4002(c), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 4003(d), 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149, § 4002(c), 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 4002(e), 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 4002(d), 69 DCR 009223.)

Prior Codifications

1981 Ed., § 31-2905.

Section References

This section is referenced in § 38-1804.01.

Effect of Amendments

D.C. Law 13-172 substituted “3.2” for “!.72” in the Level IV segment of the chart and added the Level V provision.

D.C. Law 14-28, in the chart in subsec. (c), substituted “up to +0.17 pro rata” and “up to $935 pro rata” for “+0.10” and “$550”; and added subsec. (e) relating to summer school weighting.

D.C. Law 14-190 rewrote subsec. (c) which had read:

The 2012 amendment by D.C. Law 19-168 rewrote (c).

The 2012 amendment by D.C. Law 19-171 made a correction to the D.C. Law 18-111 version of subsection (c).

The 2013 amendment by D.C. Law 20-61 rewrote the table in (c).

The 2015 amendment by D.C. Law 20-155 rewrote the table in (c).

The 2015 amendment by D.C. Law 21-36 rewrote the table in (c).

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4002(d) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 4002(e) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 4003(d) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 4003(d) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 4002(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4002(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 4002(c) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) limitation to the Fiscal Year 2018 increase to the Uniform Per Student Funding Formula foundation level over the Fiscal Year 2017 foundation level to be used in Fiscal Year 2018 to satisfy compensation terms required by a collective bargaining agreement that becomes effective in Fiscal Year 2018, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 201(a)(3) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 4002(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary addition of chapter, see note to § 38-2901.

For temporary (90-day) amendment of section, see § 2(a) of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 1999 (D.C. Act 13-152, December 1, 1999, 46 DCR 10395).

For temporary (90-day) amendment of section, see § 2(a) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-282, March 7, 2000, 47 DCR 2026).

For temporary (90-day) amendment of section, see § 2702 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 2702 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2(a) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 2000 (D.C. Act 13-456, November 7, 2000, 47 DCR 9418).

For temporary (90 day) amendment of section, see § 2(c) of the Uniform Per Student Funding Formula Emergency Amendment Act of 2000 (D.C. Act 13-485, December 18, 2000, 48 DCR 20).

For temporary (90 day) amendment of section, see § 2(a) of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-17, March 16, 2001, 48 DCR 2687).

For temporary (90 day) amendment of section, see § 2(c) of Uniform Per Student Funding Formula For Public Schools and Public Charter Schools Emergency Amendment Act of 2001 (D.C. Act 14-18, March 16, 2001, 48 DCR 2691).

For temporary (90 day) amendment of section, see § 502 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 102(c) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 102(c) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 3302(d) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 102(c) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 312(c) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 312(c) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 4012(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 4022(c) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 402(c) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 4003(d) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 4002(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For limitation on use of funds to satisfy compensation terms required by a collective bargaining agreement,see section 4003 of D.C. Law 22-33.

For temporary (225 days) amendment of this section, see § 201(c) of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

“(c) These supplemental allocations shall be calculated by applying weightings to the foundation level as follows: Level/Program Definition Weighting Supplemental per pupil FY

Section 2(a) of D.C. Laws 13-067 amended subsec. (c) to read as follows:

(c) These supplemental allocations shall be calculated by applying weightings to the foundation level as follows: Level/program Definition Weighting Supplemental per pupil FY 1999 Level 1 Special Additional funding to support +0.374 $2.057 Education the after-hours level 1 —Residential special education needs of students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Level 2 Special Additional funding to support +1.36 $7.480 Education the after-hours level 2 —Residential special education needs of students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Level 3 Special Additional funding to support +2.941 $16.176 Education the after-hours level 3 —Residential special education needs of students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Level 4 Special Additional funding to support +2.924 $16.082 Education the after-hours level 4 —Residential special education needs of students living in D.C. Public School or Public Charter School that provides students with room and board in a residential setting LEP Additional funding to support +0.68 $3.740 NEP—Residential the after-hours special instructional needs of limited and non-English proficient students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Section 3(b) of D.C. Laws 13-067 provides that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 13-227 amended subsec. (c).

Section 2(c)(1) of D.C. Law 13-262, in subsec. (c), in the chart, substituted “up to +0.17 pro rata” for “+0.10” and “up to $935 pro rata” for “$550”. Section 2(c)(2) of that law added subsec. (e) to read as follows:

Section 5(b) of D.C. Law 13-227 provided that the act shall expire after 225 days of its having taken effect.

Section 4(b) of D.C. Law 13-262 provided that the act shall expire after 225 days of its having taken effect.

Section 2(c) of D.C. Law 14-6, in subsec. (c), in the chart, substituted “up to +0.17 pro rata” for “+0.10” and “up to $935 pro rata” for “$550”, and added a new subsec. (e) to read as follows:

“(e) The summer school weighting of 0.17 shall apply to DCPS and public charter school students enrolled for at least 6 weeks during the summer following the regular school year. Summer school students enrolled for a lesser period shall be funded for the number of days in that period on a pro rata basis.”

Section 4(b) of D.C. Law 14-6 provided that the act shall expire after 225 days of its having taken effect.

See Historical and Statutory Notes following § 38-2901.

Short Title

Section 4001 of D.C. Law 20-61 provided that Subtitle A of Title IV of the act may be cited as the “Funding for Public Amendment Act of 2013”.

Editor's Notes

For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.

For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.