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initial election. The members who shall serve for terms of two years shall be determined by lot.
(c) Each member of the School Board at the time of his nomination shall (1) be a qualified elector (as that term is defined in section 2 of the District of Columbia Election Act) in the ward from which he seeks election, (2) have, for the one-year period immediately preceding his nomination, resided in the ward from which he is nominated, (3) have, during the three years next preceding his nomination, been an actual resident of the District and have during period claimed residence nowhere else, (4) hold no other elective office, and (5) hold no position as an officer or employee of the government of the District or of the Federal Government or any appointive position, for which compensation is provided out of District or Federal funds. A member shall forfeit his office upon failure to maintain the quanifications required by this subsection.
(d) Except as provided in subsections (b) and (e) of this section, every member's term shall be for four years and shall expire on the fourth Monday in January. A member may serve until his successor has taken the oath of office and may serve more than one term.
(e) Each membership vacated before the expiration of the last incumbent's term shall be filled by election (pursuant to section 10(a) (6) of the District of Columbia Election Act) for an interim term equal to the unexpired portion of the last incumbent's term.
SEC. 803. The members of the School Board shall be paid a per diem of $20 for each day of service at meetings or while on the work of the School Board and may be reimbursed for any expenses incurred in the performance of such service or work.
SEC. 804. The School Board shall annually hold a meeting on the fourth Monday in January at which time new members shall take the oath of office and officers shall be elected. The officers shall consist of a President and Secretary chosen from the School Board, and a nonmember treasurer chosen by the School Board. The School Board shall also hold meetings every month on a date set at the previous meeting. Special meetings may at any time be called by any officer upon notice to members by registered letter mailed not less than five days before the meeting. Meetings shall be public. A quorum shall consist of eight members. If a quorum is present, a majority of the members present may decide any question.
SEC. 805. The School Board shall manage and control the school system of the District and shall be an independent agency of the government of the District. The School Board may contract, sue, and be sued in its own name and capacity, and no member shall be personally liable for any action taken in good faith by the School Board, or by him in his official capacity as a member.
SEC. 806. The School Board shall have the following powers:
(1) To reorganize the school system.
(2) To establish standards of academic achievement for pupils in the school system.
(3) To assign pupils to the schools in the school system.
(4) To make rules for the use of school buildings and school grounds.
(5) To fix the number and location of schools.
(6) To fix the length and dates of the school year.
(7) To take private property for public use in accordance with section 811 of this title.
SEC. 807. The School Board shall have the duty to
(1) examine the books, accounts, and financial statements of the school system; and
(2) visit or delegate one of its members to visit each school during each school year.
SEC. 808. (a) Subject to subsections (b), (c), (d), and (e) of this section, the School Board shall have the power
(1) to appoint, promote, and dismiss all employees of the school system, and to employ a Superintendent who shall be the chief executive officer of the School Board and who shall have the right to attend all meetings of the School Board (except those meetings held to consider the appointment of a Superintendent) and to speak on all matters before the School Board, but he shall not be a member of the Board or have the right to vote;
(2) to establish classes of teaching and supervisory positions;
(3) to set salaries and other terms and conditions of employment for all employees of the school system;
(4) to make rules for the conduct of teachers and other employees; and (5) to establish standards of professional ability for teachers and other employees.
(b) Civil service and other personnel laws and regulations applicable to employees of the Board of Education before their transfer to the School Board shall remain applicable after their transfer until such time as the School Board, pursuant to this section, provides similar or comparable coverage under a personnel system based on merit. Such personnel system shall be established by resolution of the School Board and shall provide coverage similar or comparable to, or shall provide for continued participation in, all or part of the Federal civil service system. Such personnel system shall take effect not earlier than nine months or later than five years after the effective date of this section. (c) Any person who, on the effective date of this title, is covered by the Act of January 20, 1920 (D.C. Code, sec. 31-701 et seq.), or by the Act of August 7, 1946 (D.C. Code, sec. 31-721 et seq.) shall have the option of continuing under the coverage of that Act.
(d) (1) Contracts with teachers shall be in writing, and shall state the length of teaching time, the rate of compensation, and contain such other provisions as may be agreed upon, including employment for a term not exceeding one year and payment by the calendar or school month. The contract shall be signed by an officer of the School Board and the teacher, and shall be filed with the Secretary of the School Board before the teacher enters upon performance of the contract.
(2) Each teacher's contract shall remain in force and effect for the period stated in the contract and thereafter shall be automatically continued in force and effect for equivalent periods, except as modified or terminated by mutual agreement of the School Board and the teacher, until terminated as hereinafter provided. On or before April 15 of each year the teacher may file his written resignation with the Secretary of the School Board, or the School Board may by a majority vote cause said contract to be terminated by written notification of termination sent by a registered letter to the teacher not later than the 10th day of April. In the case of a termination of a contract of resignation or School Board action, the termination shall take effect at the close of the school year in which the contract is terminated. The teacher shall have the right to protest the action of the School Board, and to have a hearing thereon, by notifying the President or Secretary of the School Board in writing of such protest within twenty days of the receipt by the teacher of the notice to terminate, in which event the School Board shall hold a public hearing on such protest at the next regular meeting of the School Board, or at a special meeting called by the President of the School Board for that purpose, and shall give notice in writing to the teacher of the time of the hearing on the protest. Upon the conclusion of the hearing the School Board shall determine the question of continuance or discontinuance of the contract by a rollcall vote entered in the minutes of the School Board, and the action of the School Board shall be final. The foregoing provisions for termination shall not affect the power of the School Board to discharge a teacher for cause under the provisions of subsection (e).
(e) The School Board may, by a majority vote, discharge any teacher for incompetency, inattention to duty, partiality, or any good cause, after a full and fair investigation made at a meeting of the School Board held for that purpose. at which the teacher shall be permitted to be present and make defense, and he shall be allowed a reasonable time to prepare his defense.
SEC. 809. (a) The fiscal year of the School Board shall begin on the 1st day of July and shall end on the 30th day of June of the succeeding calendar year. (b) Not later than October 31 of each year, the treasurer shall prepare and submit to the School Board, in such form as the School Board shall require, the annual budget for the school system. The budget shall contain separate accounting classifications for expenditures from the general account and from the capital construction account. The School Board shall by resolution adopt a budget for each fiscal year not later than January 31 of the preceding year and submit the budget to the Board of Commissioners to be included in the budget of the government of the District of Columbia.
SEC. 810. The following provisions of law (relating to the Board of Education) are hereby repealed:
(1) The Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District
of Columbia", approved June 20, 1906 (D.C. Code, secs. 31-101-105, 31-108-117, 31-1101, 31-1109–1113).
(2) The Act entitled "An Act to authorize the appointment of public school employees between meetings of the Board of Education" approved April 22, 1932 (D.C. Code, secs. 31-106-107).
SEC. 811. Section 16-1351 of the District of Columbia Code, is amended by inserting after "any board or commission of the United States" the following: ", including the District of Columbia School Board,”.
SEC. 901. (a) The people of the District of Columbia shall be represented in the House of Representatives of the United States by a Delegate, elected by the voters of the District of Columbia, to serve during each Congress. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. The Delegate shall be elected to serve as an additional member on the Committee on the District of Columbia of the House of Representatives.
(b) To qualify to hold the office of Delegate a person shall be at least twentyfive years of age at the time of his election, shall be a qualified elector (as that term is defined in paragraph (2) of section 2 of the District of Columbia Election Act) in the District, shall have resided in the District for the three-year period immediately preceding the date of his election, and shall, if elected, hold no other paid public office at the time of taking office as Delegate. The Delegate shall forfeit his office upon failure to maintain the qualifications required by law. SEC. 902. (a) Section 4 of the Act of March 4, 1925 (2 U.S.C. 31), is amended by striking out "and" immediately after "Representatives in Congress", and by inserting after "Puerto Rico" the following: ", and the Delegate from the District of Columbia".
(b) The first section of the Act of July 16, 1914 (2 U.S.C. 37), is amended by inserting after "from Territories" in the second paragraph under the subheading "HOUSE OF REPRESENTATIVES" under the center heading "LEGISLATIVE" the following: "and the District of Columbia".
(c) Section 105 of the Act of July 2, 1954 (2 U.S.C. 38a), is amended by inserting after "Resident Commissioner to," the following: "or Delegate to,".
(d) Section 6 of the Act of June 23, 1949 (2 U.S.C. 461), section 11(a) of the Legislative Appropriation Act, 1946 (2 U.S.C. 60g-1), and section 6 of the Act of March 25, 1953 (2 U.S.C. 112c), are each amended by striking out "from a Territory".
(e) The last sentence of the eighteenth paragraph under the subheading "CONTINGENT EXPENSES OF THE HOUSE" under the heading "HOUSE OF REPRESENTATIVES" in the Legislative Appropriation Act, 1955 (2 U.S.C. 122), is amended (1), by striking out "and" immediately following "Members of the House of Representatives" and by inserting a comma in lieu thereof, (2) by striking out the semicolon immediately after "Resident Commissioner from Puerto Rico" and by inserting in lieu thereof ", and the Delegate from the District of Columbia ;", and (3) by inserting immediately after “district, Puerto Rico," the following: "District of Columbia,”.
(f) Subsection (i) of the first secton of the Act of June 25, 1910 (2 U.S.C. 241 (1)), and section 591, title 18, United States Code, are each amended by deleting the period at the end thereof and by inserting in lieu thereof ", and the District of Columbia".
(g) Section 594 of title 18, United States Code, is amended by striking out "Delegates or Commissioners from the Territories and Possessions" and by inserting in lieu thereof "Delegate, or Resident Commissioners".
(h) The first paragraph of section 595 of title 18, United States Code, is amended by striking out "or Delegate or Resident Commissioner from any Territory or Possession," and by inserting "Delegate, or Resident Commissioner". (1) Section 11 (c) of the Act of August 6, 1965 (42 U.S.C. 1973i (c)), is amended by inserting after "or Delegates or Commissioners from the" the following: "District of Columbia or".
(j) (1) Sections 4342(a) (5) and 9342(a) (5) of title 10, United States Code, are each amended by striking out "Commissioners" and by inserting "Delegate in Congress".
(2) Section 6954 (a) (5) of such title is amended by striking out "Commissioners of" and by inserting "Delegate in Congress from".
SEC. 1001. The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the agencies to be transferred to the Board of Commissioners, the Managing Director, or the School Board shall be transferred as soon as reasonably possible after the effective date of this Act. If any questions arise in connection with the carrying out of these transfers, such questions shall be decided by the Bureau of the Budget.
SEC. 1002. No officer or employee shall, by reason of his transfer by this Act or his separation from service under this Act, be deprived of a civil service or a merit system status held by him prior to such transfer or any right of appeal or review he may have by reason of his separation from service.
SEC. 1003. (a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this Act shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer, references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made.
(b) As used in subsection (a), the term "other action" includes any rule, order, contract, compact, policy, determination, directive, grant, authorization, permit, requirement, or designation.
(c) Unless otherwise specifically provided, nothing contained in this Act shall be construed as affecting the applicability to the District of Columbia government of personnel legislation relating to the District government.
SEC. 1004. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act; but the court, unless it determines that the survival of such suit, action, or other proceeding is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.
(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.
SEC. 1005. (a) The provisions of and the amendments made by titles I, III, IV, V, VI, and VII of this Act shall take effect on the date of the enactment of this Act.
(b) The provisions of and the amendments made by title VIII shall take effect on the date on which at least eight of the members first elected to the School Board have taken office.
(c) The provisions of and the amendments made by title IX shall take effect on the date on which the Delegate first elected under this Act takes office. SEC. 1006. This Act may be cited as the "District of Columbia Reorganization Act".
(H.R. 11872, 90th Cong., 1st sess., by Mr. McMillan and Mr. Nelsen
on July 27, 1967)
A BILL Relating to the organization of the government of the District of Columbia, providing for the election of members of the board of education, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I-BOARD OF COMMISSIONERS
SEC. 101. Section 2 of the Act entitled "An Act providing a permanent form of government for the District of Columbia", approved June 11, 1878, is amended
(1) by striking out "one of said Commissioners shall be chosen president of the Board of Commissioners at their first meeting, and annually and whenever a vacancy shall occur, thereafter" and inserting in lieu thereof the President of the United States shall select annually (and whenever a vacancy occurs) one of the Commissioners to serve as the president of the Board of Commissioners"; and
(2) by adding at the end thereof the following new sentence: "The president of the Board of Commissioners may designate a Commissioner to serve as acting president of the Board during the president's absence." SEC. 102. The joint resolution entitled "Joint resolution defining a quorum of the Board of Commissioners of the District of Columbia, and for other purposes", approved December 24, 1890 (D.C. Code, sec. 1–211), is amended by striking out ", and the senior officer" and inserting in lieu thereof: ", and the concurring votes of any two members shall be sufficient for the disposition of any matter which may come before the Board of Commissioners, except that the president of the Board of Commissioners (or acting president of the Board of Commissioners) may dispose of any matter which comes before the Board of Commissioners at any meeting (1) at which only one other Commissioner is present, or (2) at which the three Commissioners are present but at least one Commissioner refrains from voting on such matter or no two Commissioners concur in the disposition of such matter, The senior officer”.
SEC. 103. (a) The Board of Commissioners of the District of Columbia shall conduct a comprehensive study of the organization, management, operation, administration, function, powers, and duties of and the relationship between each of the (1) boards, offices, departments, and agencies of the government of the District of Columbia, (2) independent agencies and instrumentalities of government operating solely in the District of Columbia, and (3) the governmental agencies or instrumentalities operating on a regional basis entirely within the Washington Metropolitan area and shall transmit to the Committees on the District of Columbia of the Senate and House of Representatives within one year following the date of enactment of this Act the results of such study together with any recommendations for legislative enactments which it may consider necessary.
(b) Within one year following the date of the enactment of this Act the Board of Commissioners of the District of Columbia shall transmit to the Committees on the District of Columbia of the Senate and House of Representatives a report identifying the duties, position, and compensation of each officer and employee of the government of the District of Columbia as of the date of enactment of this Act.
TITLE II-DEPARTMENT OF MANAGEMENT
SEC. 201. There shall be established within the government of the District of Columbia a Department of Management under the direction and control of the Board of Commissioners. The Department shall be headed by a Managing Director who shall be appointed by the Board of Commissioners, and who shall be paid at a rate equal to the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code.
SEC. 202. (a) Subject to the supervision of the Board of Commissioners, the Managing Director shall
(1) supervise and direct the activities of the departments, boards, offices, and agencies of the government of the District of Columbia, except the courts thereof;
(2) administer, subject to the applicable provisions of Acts of Congress and Executive Order 5491 of November 18, 1930, all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in departments, boards, offices, and agencies of the government of the District of Columbia;
(3) administer the personnel functions of the District of Columbia covering employees of all District of Columbia departments, boards, offices, and agencies;
(4) make appointments to and remove from those positions within the departments, boards, offices, and agencies under his supervision which, prior to the date of enactment of this Act, are authorized to be made by the Board of Commissioners or a Commissioner under existing law;
(5) assume the powers, duties, and functions of the Director of General Administration, direct and control program planning and development, the management of resources, and the coordination and evaluation of program execution; and perform such other duties as may be assigned to him by the Board of Commissioners; and
(6) appoint a Deputy Managing Director to assist him in the carrying out of the functions, powers, and duties enumerated in the preceding paragraphs of this subsection.