(c) The general election referred to in subsection (a) of this section shall be held not less than twenty-eight days nor more than fifty-six days after the date of the primary election, on a date to be determined pursuant to subsection (d), but in no event later than December 14, 1965.

(d) The primary election and the general election referred to in subsection (a) of this section shall each be held on a Tuesday, and the date of each such election shall be determined and announced by the Board within twenty days after approval of this Act.

VI

ELECTED INDEPENDENT SCHOOL BOARD

H.R. 5719 (Broyhill of Virginia)

H.R. 5720 (Nelsen)

H.R. 6008 (Horton)

These identical bills would create a 10-member independent School Board for the District of Columbia, subject to acceptance of the legislation by District voters at a charter referendum. The members of the School Board would be elected for 2-year terms.

The bills abolish the present Board of Education and transfer to the School Board all functions of the present Board of Education, together with property, records and funds relating to such functions. The School Board is denominated as an independent agency of the government of the District with authority to contract, and to sue and be sued in its own name and capacity.

The School Board would be authorized to cause real estate, sales and personal income taxes to be levied and to issue bonds to raise revenues which it could expend for the District school system. However, the Board may not issue bonds or transfer funds from its capital construction account unless the electors have approved same in a referendum.

In addition, the School Board would be given authority to assess the value of real property located in the District, take private property for public use, and initiate a referendum on any subject on which it is empowered to act.

[H.R. 5719, 89th Cong., 1st sess.]

A BILL To create an Independent School Board in the District of Columbia

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia School Act".

TITLE I-DEFINITIONS

DEFINITIONS

SEC. 101. For the purposes of this Act:

(1) The term "School Board" means the District of Columbia Independent School Board created by title III of this Act.

(2) The term "Board of Education" means the Board of Education of the District of Columbia, created by the Act of June 20, 1906 (D.C. Code, sec. 31-101).

(3) The term "District" means the District of Columbia.

(4) The term "Commissioner" means the Commissioner of the District of Columbia.

(5) The term "school election" means any election or any referendum held under section 324 or part B of title IV of this Act.

(6) The term "school electoral district" means one of the ten districts created by the Election Board pursuant to section 5(a)(7) of the District election law. (7) The term "Election Board" means the Board of Elections for the District of Columbia.

(8) The term "school elector" means a person entitled to vote in a school election according to section 7 (f) of the District election law.

DISTRICT ELECTION LAW

SEC. 102. The act entitled "An Act to regulate the election of delegates representing the District of Columbia to national political conventions, and for other purposes", approved August 12, 1955 (D.C. Code, sec. 1-1101 et seq.), as amended by the Act of October 4, 1961 (75 Stat. 820), is amended by adding the following new section:

"SEC. 16. This Act may be cited as the "District Election Law".

TITLE II-INITIAL REFERENDUM AND ELECTION

INITIAL REFERENDUM

SEC. 201. On the third Monday in the first month of July which begins more than sixty days after the date of enactment of this Act, the Election Board shall hold a referendum at which the residents of the District may accept or reject the District of Columbia Independent School Board proposed by this Act. Notwithstanding title VI of this Act, the provisions of section 15 of the District election law shall apply to such referendum. Any qualified elector (as defined by section 2 (2) of the District election law) who registers in the District and any person entitled to vote in the District under section 7(a) of the District election law shall be entitled to vote in the referendum. The registry shall be open from the seventh day following the enactment of this Act until the Monday preceding the referendum. The ballot shall be in a form prescribed by the Election Board. Not less than three days before the date of the referendum the Election Board shall mail to each registered elector a sample ballot and information concerning such voter's polling place and the date and hours of voting. The Election Board shall certify the results of the referendum to the President, to the Board of Education, and to the Speaker.

INITIAL ELECTION

SEC. 202. (a) If the voters approve the proposed School Board by a majority of valid ballots, the Election Board shall announce the initial election of members of the School Board, and shall immediately create the school electoral districts referred to in section 5(a) (7) of the District election law. The initial election shall be held on the second Monday in the first month of September which begins after the referendum. Members of the Board of Education shall be eligible for membership on the School Board. Members of the School Board shall be elected for terms of two years. Initial terms shall begin on the fourth Monday in the first month of September which begins after the initial election.

INITIAL ORGANIZATIONAL MEETING

SEC. 203. The initially elected members of the Board shall meet at a place and time of day designated by the Speaker to take the oath of office and, after not less than six members have taken the oath, to proceed with the initial meeting pursuant to section 315 of this Act.

TITLE III-INDEPENDENT SCHOOL BOARD

PART A-TRANSFER AND SUCCESSION

CREATION OF SCHOOL BOARD

SEC. 301. On the effective date of this title the control of the District school system and the functions of the Board of Education shall be transferred to the School Board, and the Board of Education abolished. The School Board shall, in addition, have the functions accorded it by part B of this title. Where functions transferred by this section conflict with limitations imposed by part B on powers of the School Board, part B shall govern.

TRANSFER OF PERSONNEL AND FUNDS

SEC. 302. A transfer of a function under this Act shall, in addition, be a transfer of the personnel necessary for the administration of the function and of property, records, and funds which relate primarily to the function so transferred. The Director of the Bureau of the Budget shall decide any question arising out of this section.

PENDING PROCEEDINGS, EXISTING STATUTES

SEC. 303. (a) No suit, action, or other judicial proceeding nor any administrative proceding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act. Such proceeding shall be continued with such substitutions as to parties and officers or agencies as the court or agency deems appropriate.

(b) Any statute concerning or administrative action concerning or taken by any officer or agency from which any function is transferred by this Act shall, except to the extent made inapplicable by or under authority of law, continue in effect as if such transfer had not been made. After such transfer references in a statute or administrative action to an officer or agency from which a transfer is made by this Act shall be deemed to refer to the officer or agency to which the transfer is made.

(c) As used in subsection (b), the "administrative action" includes any rule, regulation, order, contract, policy, determination, directive, grant, authorization, permit, requirement, or designation.

REPEAL OF LAWS RELATING TO BOARD OF EDUCATION

SEC. 304. 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).

TECHNICAL AMENDMENT

SEC. 305. The first section of the Act of March 1, 1929 (D.C. Code, sec. 16-619), is amended by inserting after the words "any board or commission of the United States" the words ", including the District of Columbia Independent School Board,".

PART B-FUNCTIONS OF SCHOOL BOARD

GENERAL

SEC. 311. 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. The School Board shall have the authority, according to the provisions of title V of this Act, to tax, to issue bonds, and to expend all revenues accruing to it by this Act for any educational purpose related to the needs of the District school system.

GENERAL POWERS

SEC. 312. 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 school system.

(4) To make make rules for the use of school buildings and school grounds (subject to rules relating to public meetings adopted by referendum under section 321 of this Act).

(5) To fix the number and location of schools.

(6) To fix the length and dates of the school year.

(7) To fill vacant memberships on the School Board in accordance with section 404(b) of this Act.

(8) To assess the value of the real property located in the District.

(9) To take private property for public use in accordance with section 305 of this Act.

(10) Subject to any referendum which has been or may be initiated in accordance with section 321, to act upon any question on which such referendum may be initiated.

(11) To call a referendum, according to the provisions of section 323 (a) and (b) of this Act, on any subject on which it is empowered to act or which it is required to submit to referendum before acting.

DUTIES

SEC. 313. The School Board shall have the duty to

(1) examine 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.

PERSONNEL

SEC. 314. (a) Subject to subsections (b), (c), (d), and (e), 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;

(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 School Board 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), or by the Act of August 7, 1946, (D.C. Code, sec. 31-721), as amended, shall have the option of continuing under the coverage of said Acts.

(d) Contracts with teachers shall be in writing, and shall state the length of time the school is to be taught, the compensation per week or month, and such other matters 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 teacher, and shall be filed with the Secretary of the School Board before the teacher enters upon performance of the contract.

Such 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 on 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, by a registered letter mailed to the teacher not later than the 10th day of April; in even of such termination, it shall take effect at the close of the school year in which the contract is terminated by either of said methods. The teacher shall have the right to protest the action of the School Board, and to 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 him 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, allowing him a reasonable time therefor.

MEETINGS; OFFICERS

SEC. 315. The School Board shall annually hold a meeting on the fourth Monday in September 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 according to the provisions of section 551 of this Act. 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 six members. If a quorum is present, a majority of members present may decide any questions (except those requesting a special referendum under section 323 of this Act and of removing the Treasurer under section 551 of this Act). Members shall serve without compensation.

PART C-REFERENDUMS

Initiative

SEC. 321. The school electors may direct the School Board

(1) to set the curriculum in the school system;

(2) to choose textbooks;

(3) to sell the property of the school system;

(4) to permit public meetings in school buildings;

(5) to establish a junior college;

(6) to levy the tax provided for by section 563 of this Act;

(7) to make rules for the conduct of pupils; and

(8) to transfer funds from the capital construction account to the general account, subject to the limitations as to amount in section 562(d) (2) of this Act,

by initiating a referendum in accordance with section 321 (c) of this Act.

ACTIONS REQUIRING REFERENDUM

SEC. 322. The School Board may not

(1) issue bonds, or

(2) transfer funds from the capital construction account to the general account in accordance with section 562 (d) (1) of this Act,

unless the school electors approve in a referendum required by section 511 or 562, as the case may be.

REFERENDUM PROCEDURE

SEC. 323. (a) Subject to the time limitations of section 15(c) of the District election law, the School Board may by resolution initiate a referundum to be held at the next school election by sending the Election Board a certificate setting forth (1) the resolution directing the referendum, and (2) the question to be presented to the school electors.

(b) Not less that seven members of the School Board may initiate a referendum to be held under the provisions of section 15(b) of the District election law by sending the Election Board a certificate signed by the members favoring the resolution directing the referendum and setting out (1) such resolution and (2) the question to be presented to the school electors.