District of Columbia School Reform Proposals: Congress’s Possible Role in the Legislative Process Page: 4 of 6
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introduce legislation that would amend the city's home rule charter."1 The procedure for
such legislation would be as follows.
Table 1. Council Passage of Education Reform
Step 1 Introduction of Legislative Proposal. Mayor finds a congressional sponsor
who submits a proposal.
Step 2 Congressional Consideration. Congress, through its normal legislative
process, considers the proposal, amends the District of Columbia Home Rule
Act, and passes the other relevant substantive provisions of the act.
Step 3 Enactment. Bill signed by the President and becomes law.
Congress's Possible Role. A proposal originating in Congress to implement the
Education Reform Act would not necessarily result in an expedited process. The
controversial nature of the proposal could subject it to the regular legislative process,
including hearings, markups, committee reports, House and Senate votes, and a conference
agreement. The approved proposal could look significantly different from the proposal
introduced on behalf of the mayor.
Congress has initiated efforts to implement education reform previously. In 1995,
Congress amended the home rule charter when it passed the District of Columbia School
Reform Act, which was included as Title II of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, P.L. 104-134. Title II authorized the creation of public
charter schools in the District.12 In 2004, Congress considered and passed legislation
amending the home rule charter when it included the DC School Choice Incentive Act of
2003 in the Consolidated Appropriations Act of 2004, P.L. 108-199. The DC School
Choice Incentive Act created the private school voucher program.13 It should be noted that
both of these programs were included as titles in District of Columbia appropriations acts.
The District's Alternative Charter Amendment Process
Although the city council may possess the authority to substantially reorganize public
education in the District on its own, and Congress may also pass legislation without
mayoral or city council review or approval, it is worth noting that the District's home rule
charter includes provisions that would allow elements of the proposal that would
" Should the mayor pursue this option in an effort to expedite the process, he would risk
criticism for shortchanging the principle of home rule, since neither District residents nor the
District's legislative body, the city council, would have a vote in the final decision. Some
observers have commented that such an exclusion of the city council and District voters in
deciding the future of a critical public service -public education -might prove awkward for
the Fenty administration as it pressed Congress on other home rule issues, such as budget
autonomy, voting rights, and the elimination of social riders from the District's appropriations
bills.
12 1 Stat. 1321-107.
13 118 Stat. 126.
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Boyd, Eugene. District of Columbia School Reform Proposals: Congress’s Possible Role in the Legislative Process, report, March 13, 2007; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc807153/m1/4/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.