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

District of Columbia § 38-2905

• Jurisdiction: District of Columbia
• Title 38: Educational Institutions.
• Ch. 29: Uniform Per Student Funding Formula.
• Subch. I: General.

Text

(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; and

(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) .

(4) Repealed.

(a-1) Pursuant to § 38-2905.01 , supplemental allocations shall be provided on the basis of the count of students identified as at-risk.

(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: Special education add-ons: Level/ Program Definition Weighting Per Pupil Allocation in FY 2026 Level 1: Special Education 8 hours or less per school week of specialized services 0.97 $14,618 Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 1.20 $18,084 Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.97 $29,688 Level 4: Special Education More than 24 hours per school week of specialized services which may include instruction in a self-contained (dedicated) special education school other than residential placement 3.49 $52,594 Special Education Compliance Funding provided in addition to special education level add-on funding on a per-student basis for special education compliance 0.099 $1,492 Attorneys' Fees Funding provided in addition to special education level add-on funding on a per-student basis for attorney's fees 0.089 $1,341 General education add-ons: Level/ Program Definition Weighting Per Pupil Allocation in FY 2026 Elementary ELL Additional funding for English language learners in grades PK3-5 0.50 $7,535 Secondary ELL Additional funding for English language learners in grades 6-12, alternative students, adult students, and students in special education schools 0.75 $11,303 At-risk Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level in high school 0.30 $4,521 At-risk High School Over-Age Supplement Funding provided in addition to at-risk funding for students who are behind grade level in high school 0.06 $904 At-risk > 40% Concentration Supplement Funding provided in addition to at-risk funding for the percentage of at-risk students above 40% enrolled in a school where at least 40% of the student population is at-risk 0.07 $1,055 At-risk > 70% Concentration Supplement Funding provided in addition to at-risk funding and at-risk > 40% concentration supplement for the percentage of at-risk students above 70% where at least 70% of the student population is at-risk 0.07 $1,055 Residential add-ons: Level/ Program Definition Weighting Per Pupil Allocation in FY 2026 Residential Funding provided on a per-student basis for a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.67 $25,167 Level 1 Special Education – Residential Funding in addition to residential funding to support the after-hours Level 1 special education needs of students living in a DCPS school or public charter school that provides students with room and board in a residential setting 0.37 $5,576 Level 2 Special Education - Residential Funding in addition to residential funding to support the after-hours Level 2 special education needs of students living in a DCPS school or public charter school that provides students with room and board in a residential setting 1.34 $20,194 Level 3 Special Education - Residential Funding in addition to residential funding to support the after-hours Level 3 special education needs of students living in a DCPS school or public charter school that provides students with room and board in a residential setting 2.89 $43,552 Level 4 Special Education - Residential Funding in addition to residential funding to support the after-hours Level 4 special education needs of limited and non- English proficient students living in a DCPS school or public charter school that provides students with room and board in a residential setting 2.89 $43,552 LEP/NEP – Residential Funding in addition to residential funding to support the after-hours limited and non-English proficiency needs of students living in a DCPS school or public charter school that provides students with room and board in a residential setting 0.668 $10,067 Special education add-ons for students with extended school year ("ESY") indicated in their individualized education programs ("IEPs"): Level/ Program Definition Weighting Per Pupil Allocation in FY 2026 Special Education Level 1 ESY Additional funding to support the summer school or program need for Level 1 special education students with ESY services indicated in their IEPs 0.063 $949 Special Education Level 2 ESY Additional funding to support the summer school or program need for Level 2 special education students with ESY services indicated in their IEPs 0.227 $3,421 Special Education Level 3 ESY Additional funding to support the summer school or program need for Level 3 special education students with ESY services indicated in their IEPs 0.491 $7,399 Special Education Level 4 ESY Additional funding to support the summer school or program need for Level 4 special education students with ESY services indicated in their IEPs 0.491 $7,399

(d) Except as otherwise provided in this subchapter , the above weightings shall be applied cumulatively in the counts of students who fall into more than one of the above categories.

(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.

(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) Repealed.

Legislative History

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; Sept. 20, 2012, D.C. Law 19-168, § 4002(c), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 95(a), 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 4002(c), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4002(c), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4002(b), 62 DCR 10905