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MAYORAL CONTROL OF THE DC SCHOOLS


Psycho
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MAYORAL CONTROL OF THE DC SCHOOLS

 

Correct me fellow readers if I am wrong on this issue, but won’t mayor elect Adrian Fenty have to get permission from Congress to take over control of our schools and do so via an amending of our Home Rule Act?

 

SEC. 495. [D.C. Code 31-101] The control of the public schools in the District of Columbia is vested in a Board of Education to consist of eleven elected members, three of whom are to be elected at large, and one to be elected from each of the eight school election wards established under the District of Columbia Election Act [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 (69 Stat. 699; D.C. Code 1-1301 et seq.]. The election of the members of the Board of Education shall be conducted on a nonpartisan basis and in accordance with such Act [chapter]. SEC. 303. [D.C. Code 1-205] (a) The charter set forth in title IV (including any provision of law amended by such title), except sections 401(a) and 421(a) [D.C. Code 1-221(a) and 1-241(a)], and part C of such title [Appendix to Title 11, D.C. code], may be amended by an act passed by the Council and ratified by a majority of the registered qualified electors of the District voting in the referendum held for such ratification. The Chairman of the Council shall submit all such acts to the Speaker of the House of Representatives and the President of the Senate on the day the Board of Elections and Ethics certifies that such act was ratified by a majority of the registered qualified electors voting thereon in such referendum.

 

(B) An amendment to the charter ratified by the registered electors shall take effect upon the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) following the date such amendment was submitted to the Congress, or upon the date prescribed by such amendment, whichever is later, unless during such 35-day period, there has been enacted into law a joint resolution, in accordance with the procedures specified in section 604 of this act [D.C. Code 1-207], disapproving such amendment. In any case in which any such joint resolution disapproving such an amendment has, within such 35-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 35-day period, shall be deemed to have repealed such amendment, as of the date such resolution becomes law.

 

© The Board of Elections and Ethics shall prescribe such rules as are necessary with respect to the distribution and signing of petitions and the holding of elections for ratifying amendments to title IV of this Act [District Charter] according to the procedures specified in subsection (a) [of this section].

 

(d) The amending procedure provided in this section may not be used to enact any law or affect any law with respect to which the Council may not enact any act, resolution, or rule under the limitations specified in sections 601, 602, and 603 [D.C. Code 1-206, 1-233, and 47-313].

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