§ 38–2906.03. Public charter school stabilization funding.

(a) Notwithstanding any other provision of law, in Fiscal Year 2022, of the funds allocated to the Non-Departmental Agency, up to $10,208,530 shall be transferred to the Office of the State Superintendent of Education ("OSSE") to award formula-based payments to each eligible charter school described in subsection (b) of this section.

(b) A public charter school shall be eligible to receive funds pursuant to this section if it operates:

(1) An adult public charter school, an early childhood education public charter school, or a residential public charter school; and

(2) The total annual payment the adult public charter, early childhood education public charter, or residential public charter school is projected to receive for School Year 2021-2022, based on the school's unverified October 15, 2021, enrollment count, is less than 95% of the total annual payment the school actually received for School Year 2019-2020.

(c)(1)(A) No later than December 31, 2021, OSSE shall award each eligible school its stabilization funding amount.

(B) For purposes of calculating the stabilization funding amount owed to an adult public charter school that also operates an alternative program, all students counted as being enrolled in the alternative program shall be counted as being enrolled in the adult public charter school.

(2) Notwithstanding paragraph (1)(A) of this subsection, if the total amount of funds required to provide each eligible school its stabilization funding amount is more than $10,208,530, OSSE shall pay to each eligible school a proportional share of available funds equal to the product of the school's stabilization funding amount multiplied by the stabilization factor.

(d) Payments allocated pursuant to this section shall be supplemental to other funds a school may receive from the District and shall not supplant other funds to which a school or local education agency is entitled, including pursuant to this subchapter or federal law.

(e) Any funds in excess of the funds required to satisfy the requirements of subsection (b) of this section shall be transferred to the Office of Victim Services and Justice Grants for the Access to Justice program by December 31, 2021.

(f) For the purposes of this section, the term:

(1) "Adult public charter school" means a public charter school or a program in a public charter school that, during School Year 2021-2022, was identified as an adult education performance management framework school by the District of Columbia Public Charter School Board

(2) "Annual payment" means the sum of the quarterly payments described in § 38-2906.02, including all applicable weightings provided pursuant to §§ 38-2904, 38-2905 and 38-2905.01.

(3) "Early childhood education public charter school" means:

(A) A public charter school LEA whose prekindergarten 3 and prekindergarten 4 student enrollment comprised at least 33% of the public charter school LEA's total enrollment during School Year 2019-2020 and whose LEA will serve only grades pre-kindergarten 3 up to third grade in School Year 2021-2022; provided, that if a public charter school LEA served more grades in School Year 2019-2020 than it serves in School Year 2021-2022, the percentage of the public charter school LEA's prekindergarten 3 and prekindergarten 4 student enrollment shall be calculated using only the grade bands that the public charter school serves in School Year 2021-2022; or

(B) A public charter school that is an adult public charter school that also serves grades prekindergarten 3 and grades prekindergarten 4.

(4) "Eligible school" means an adult public charter school, an early childhood education public charter school, or a residential public charter school that meets the criteria for funding described in subsection (b)(2) of this section.

(5) "LEA" means any individual District public charter school, or any group of public charter schools operating under a single charter."

(6) "Residential public charter school" means:

(A) A public charter school that, during School Year 2021-2022, provides students with room and board in a residential setting, in addition to their instructional program; or

(B) A public charter school that operates a residential program that provides support services to its students, in addition to an instructional program, but is unable to provide its students with overnight room and board in a residential setting in order to comply with health guidance provided by the District's Department of Health related to the COVID-19 (SARS-CoV-2) pandemic.

(7) Stabilization funding amount" means the amount of money equal to 95% of an eligible school's actual School Year 2019-2020 total annual payment, less the amount of the total annual payment the school is projected to receive for School Year 2021-2022 based on its unverified October 15, 2021, enrollment count.

(8) "Stabilization factor" means the quotient of $10,208,530 divided by the sum of all eligible schools' stabilization funding amounts.