District of Columbia

D.C. CODE 1981 § 31-101

DISTRICT OF COLUMBIA CODE 1981

PART V. GENERAL STATUTES.

TITLE 31. EDUCATION AND CULTURAL INSTITUTIONS.

CHAPTER 1. Board of Education.

§ 31-101 Composition; election; term of office; vacancies; meetings.

(a) [Charter Provision]. The control of the public schools in the District of

Columbia is vested in a Board of Education to consist of 11 elected members, 3

of whom are to be elected at large, and one to be elected from each of the 8

school election wards established under Chapter 13 of Title 1. The election of

the members of the Board of Education shall be conducted on a nonpartisan basis

and in accordance with such chapter.

(b)(1) Except as provided in paragraph (3) of this subsection and § 1-1314(e), the term of office of a member of the Board of Education shall be 4 years.

(2) Members may serve more than one term, and may receive compensation at a

rate fixed by the Council of the District of Columbia, which shall not exceed

the sum provided in § 1-612.10.

(3)(A) The term of office of a member of the Board of Education elected in a

general election shall expire at noon of the 30th day after the Board of

Elections certifies the result of the election of a successor of that member of

the Board of Education. The term of a member of the Board of Education elected

in the general election shall begin immediately upon the expiration of the term

preceding it.

(B) The terms of office of the members of the Board of Education to be

elected in the November, 1985, and November, 1987, general elections shall be

as follows:

(i) 1985 Elections: Five-year terms for the members from Wards II and

VIII; and 3-year terms for the member from Ward III and the 2 members at-large.

(ii) 1987 Elections: Five-year terms for the members from Wards I, V, and

VI; and 3-year terms for the members from Wards IV and VII and one member at-

large.

(4) Deleted.

(c)(1) Each member of the Board of Education elected from a ward shall at the time of his nomination: (A) be a qualified elector (as that term is defined in § 1-1302) in the school election ward from which he seeks election; (B) have, for the 90-day period immediately preceding his nomination, resided in the school election ward from which he is nominated; and (C) have, during the 90-day period next preceding his nomination, been an actual resident of the District of Columbia and have during such period claimed residence nowhere else. A member shall forfeit his office upon failure to maintain the qualifications required by this paragraph.

(2) Each member of the Board of Education elected at large shall at the time of his nomination: (A) Be a qualified elector (as that term is defined in § 1-1302) in the District of Columbia; and (B) have, during the 90-day period next preceding his nomination, been an actual resident of the District of Columbia and have during such period claimed residence nowhere else. A member shall forfeit his office upon failure to maintain the qualifications required by this paragraph.

(3) No individual may hold the office of member of the Board of Education and: (A) Hold another elective office other than delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice-President of the United States; or (B) also be an officer or employee of the District of Columbia government or of the Board of Education. A member will forfeit his office upon failure to maintain the qualifications required by this paragraph.

(d) Whenever, before the end of his term, a member of the Board of Education dies, resigns, or becomes unable to serve or a member-elect of the Board of Education fails to take office, such vacancy shall be filled as provided in § 1-1314(e).

(e) The Board of Education shall select a President from among its members at the 1st meeting of the Board of Education held on or after the date (prescribed in paragraph (3) of subsection (b) of this section) on which members are to take office after each general election. The Board of Education may appoint a secretary, who shall not be a member of the Board of Education. The Board of Education shall hold stated meetings at least once a month during the school year and such additional meetings as it may from time to time provide for. Meetings of the Board of Education shall be open to the public, except that the Board of Education:

(1) May close to the public any meeting (or part thereof) dealing with the appointment, promotion, transfer, or termination of employment of, or any other related matter involving, any employee of the Board of Education; and

(2) May close to the public any meeting (or part thereof) dealing with any other matter but no final policy decision on such other matter may be made by the Board of Education in a meeting (or part thereof) closed to the public.