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

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.

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

(c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows:

General Education Add-ons:

Special Education Add-ons:

Residential Add-ons:

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

(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.

CREDIT(S)

(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.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 31-2905.
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:
“(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 F
Special Education Regular class; special education services less than 6 hours/school week +0.22 $1,210
Level 2
Special Education Resource room; special education services 7-15 hours/school week +0.80 $4,400
Level 3
Special Education Separate class; special education services more than 15 hours/school week +1.73 $9,515
Level 4
Special Education Separate DCPS or Public Charter School +3.2
Level 5
Special Education Residential; 24 hour intensity in public charter school +9.4
LEP/NEP Limited and non-English proficient students +0.4 $2,200
Summer School An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of the District of Columbia Public Schools and Public Charter Schools. up to +0.17 pro rata up to $935 pro rata
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. +1.7 $9,350


D.C. Law 14-307, in subsec. (c), changed the numbers in the table which had read as follows:
Level/program Definition Weighting Supplemental $ per pupil FY 2003
Level 1: Special Education Regular class; special education services 6 hours or less per school week 0.55 $3,605
Level 2: Special Education Resource room; special education services 7-15 hours per school week 0.85 $5,572
Level 3: Special Education Separate class; special education services more than 15 hours per school week 1.50 $9,833
Level 4: Special Education Separate DCPS or public charter school 2.70 $17,699
LEP/NEP Limited and non-English proficient students 0.40 $2,622
Summer School An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of the DCPS and public charter schools 0.17 $1,114
Residential DCPS or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.70 $11,144
Level 1: Special Education--Residential Additional funding to support the after-hours level 1 special education needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting 0.374 $2,452
Level 2: Special Education--Residential Additional funding to support the after-hours level 2 special education needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting 1.36 $8,915
Level 3: Special Education--Residential Additional funding to support the after-hours level 3 special education needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting 2.941 $19,279
Level 4: Special Education--Residential Additional funding to support the after-hours level 4 special instructional needs of limited and non-English proficient students living in a DCPS or public charter school that provides students with room and board in a residential setting 2.924 $19,168
Level 5: Special Education--Residential Residential 24 hour intensity in a public charter school 9.40 $61,620
LEP/NEP--Residential Additional funding to support the after-hours level 4 special education needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting 0. 68 $4,458


D.C. Law 15-39 rewrote subsec. (c) which had 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 2003
Level 1: Special Education Regular class; special education services 6 hours or less per school week 0.55 $3,530
Level 2: Special Education Resource room; special education services 7-15 hours per school week 0.85 $5,456
Level 3: Special Education Separate class; special education services more than 15 hours per school week 1.50 $9,628
Level 4: Special Education Separate DCPS or public charter school 2.70 $17,330
LEP/NEP Limited and non-English proficient students 0.40 $2,567
Summer An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of the District of Columbia Public Schools and public charter schools 0.17 $1,091
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 1.70 $10,911
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 0.374 $2,401
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 1.36 $8,729
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 2.941 $18,877
Level 4: Special Education--Residential Additional funding to support the after-hours level 4 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 2.924 $18,768
Level 5: Special Education--Residential Residential 24 hour intensity in a public charter school 9.40 $60,334
LEP/NEP--Residential Additional funding to support the after-hours level 4 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 0.68 $4,365


D.C. Law 15-205 rewrote subsec. (c) which had read:
“(c) These supplemental allocations shall be calculated by applying weightings to the foundation level as follows:
Level/Program Definition Weighting Supplemental $ per Pupil FY 2004
Level 1: Special Education Regular class; special education services 6 hours or less per school week 0.55 $3,603
Level 2: Special Education Resource room; special education services 7-15 hours per school week 0.85 $5,568
Level 3: Special Education Separate class; special education services more than 15 hours per school week 1.50 $9,826
Level 4: Special Education Separate DCPS or public charter school 2.70 $17,687
LEP/NEP Limited and non-English proficient students 0.40 $2,620
Summer An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of the District of Columbia Public Schools and public charter schools 0.17 $1,114
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 1.70 $11,136
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 0.374 $2,450
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 1.36 $8,909
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 2.941 $19,266
Level 4: Special Education Residential Additional funding to support the after-hours level 4 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 2.924 $19,154
Level 5: Special Education Residential Residential 24 hour intensity in a public charter school 9.40 $61,577
LEP/NEP 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 0.68 $4,454


D.C. Law 15-348 rewrote subsec. (e); and added subsec. (f). Prior to amendment, subsec. (e) 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.”
D.C. Law 16-33 rewrote subsec. (c), which had 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 2004
Level 1: Special Education Eight (8) hours or less per week of specialized services 0.55 $3,796.98
Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 0.85 $5,868.06
Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.50 $10,355.40
Level 4: Special Education More than 24 hours per week which may include instruction in a self-contained separate school other than residential placement 2.70 $18,639.72
LEP/NEP Limited and non-English proficient students 0.40 $2,671,44
Summer An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of the District of Columbia Public Schools and public charter schools 0.17 $1,173.61
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 1.70 $11,736.12
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 0.374 $2,581.95
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 1.36 $9,388.90
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 2.941 $20,303.49
Level 4: Special Education-- Residential Additional funding to support the after-hours level 4 special educational 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 2.924 $20,186.13
Level 5: Special Education-- Residential Residential placement 9.40 $64, 893.84
LEP/NEP-- 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 0.68 $4,694.45


D.C. Law 16-192 rewrote subsecs. (c) and (e) which had read as follows:
“(c) These supplemental allocations shall be calculated by applying weightings to the foundation level as follows:
“Special Needs Add-ons:
Level/ Program Definition Weighting Per Pupil Supplemental FY 2006
Level 1: Special Education Eight (8) hours or less per week of specialized services 0.55 $ 4,019.11
Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 0.85 $ 6,211.35
Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.50 $ 10,961.21
Level 4: Special Education More than 24 hours per week which may include instruction in a self-contained separate school other than residential placement 2.70 $ 19,730.17
LEP/NEP Limited and non-English proficient students 0.40 $ 2,922.99
Summer An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of the District of Columbia Public Schools and public charter schools 0.17 $ 1,242.27
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 1.70 $ 12,422.70


Residential Add-ons:
Level/ Program Definition Weighting Per Pupil Supplemental FY 2006
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 0.374 $ 2,732.99
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 1.360 $ 9,938.16
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 2.941 $ 21,491.27
Level 4: Special Education- Residential Additional funding to support the after-hours level 4 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 2.924 $ 20,805.84
Level 5: Special Education- Residential Residential placement 9.40 $ 68, 690.22
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 0.68 $ 4,969.08


“(e)(1) To receive funding, a DCPS or public charter school summer school program must offer at least 60 hours of instruction during the summer following the regular school year.
“(2) 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 for a total of at least 120 hours of instruction during the summer following the regular school year.
“(3) The fully funded summer school weighting of 0.17 shall apply for summer school programs that meet the requirements of paragraph (2) of this subsection.
“(4) Summer school programs that enroll students for less than 120 hours but more than 59 hours shall be funded on a pro-rate basis.”
D.C. Law 17-20 rewrote subsec. (c) which had read as follows:
“(c) These supplemental allocations shall be calculated by applying weightings to the foundation level as follows:
“Special Needs Add-ons:
Level/Program Definition Weighting Per Pupil Supplemental FY 2007
Level 1: Special Education Eight hours or less per week of specialized services 0.54 $ 4,321
Level 2: Special Education More than 8 hours and less than or equal to 6 hours per school week of specialized services 0.82 $ 6,562
Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.41 $ 11,283
Level 4: Special Education More than 24 hours per week which may include instruction in a self-contained separate school other than residential placement 2.47 $ 19,765
LEP/NEP Limited and non-English proficient students 0.40 $ 3,201
Summer An instructional program as defined in section 102(13), including instruction for special educatio