Pub. L. 108-335, tit. III, sec. 342
Amendments to Charter School Law.
Sec. 342. Amendments to Charter School Law. (a) Process for Filing Charter Petitions.—Section 2201 of the District of Columbia School Reform Act of 1995 (D.C. Code 38–1802.01) is amended—118 STAT. 1349(1) in subsection (a)(3)(B), by striking “two-thirds” and inserting “51 percent”; and (2) in subsection (b)(3)(B), by striking “two-thirds” and inserting “51 percent”. (b) Employees.—Section 2207 of the District of Columbia School Reform Act of 1995 (D.C. Code 38–1802.07) is amended by adding at the end the following: “(d) Teachers Remaining at Converted Public Charter Schools.—A teacher employed at a District of Columbia public school that converts to a public charter school under section 2201 shall have the option of remaining at the charter school during the school’s first year of operation after receiving an extended leave of absence under subsection (a)(1). After this 1-year period, the teacher may continue to be employed at the public charter school, at the sole discretion of the public charter school, or shall maintain current status within the District of Columbia public school system.”.(c) Public School Services to Public Charter Schools.—Section 2209(b) of the District of Columbia School Reform Act of 1995 (D.C. Code 38–1802.09(b)) is amended—(1) in paragraph (1)—(A) by amending subparagraph (A) to read as follows: “(A) In general.—Notwithstanding any other provision of law, regulation, or order relating to the disposition of a facility or property described in subparagraph (B), or to the disposition of any property of the District of Columbia, the Mayor and the District of Columbia government shall give a right of first offer, which right shall be annually reinstated with respect to any facility or property not previously disposed of, or under contract to be disposed of, to an eligible applicant whose petition to establish a public charter school has been conditionally approved under section 2203(d)(2), or a Board of Trustees, with respect to the purchase, lease, transfer, or use of a facility or property described in subparagraph (B).”; (B) by amending subparagraph (B)(iii) to read as follows: “(iii) With respect to which—“(I) the Board of Education has transferred jurisdiction to the Mayor and over which the Mayor has jurisdiction on the effective date of this subclause; or “(II) over which the Mayor or any successor agency gains jurisdiction after the effective date of this subclause.”; and (C) by adding at the end the following: “(C) Terms of purchase or lease.—The terms of purchase or lease of a facility or property described in subparagraph (B) shall—“(i) be negotiated by the Mayor; “(ii) include rent or an acquisition price, as applicable, that is at least 25 percent less than the appraised value of the property (based on use of the property for school purposes); and “(iii) include a lease period, if the property is to be leased, of not less than 25 years, and renewable for additional 25-year periods as long as the eligible 118 STAT. 1350 applicant or Board of Trustees maintains its charter.”; and (2) in paragraph (2)(A), by striking “preference” and inserting “a right to first offer”; and (3) by adding at the end the following: “(3) Conversion public charter schools.—Any District of Columbia public school that was approved to become a conversion public charter school under section 2201 before the effective date of this subsection or is approved to become a conversion public charter school after the effective date of this subsection, shall have the right to exclusively occupy the facilities the school occupied as a District of Columbia public school under a lease for a period of not less than 25 years, renewable for additional 25-year periods as long as the school maintains its charter at the non-profit rate, or if there is no non-profit rate, at 25 percent less than the fair market rate for school use.”.