ENROLLED ORIGINAL
A RESOLUTION
24-282
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
November 2, 2021
To declare the existence of an emergency, with respect to the need to amend the District of
Columbia Nonresident Tuition Act, to allow District of Columbia students enrolled at
District of Columbia Public Schools or public charter schools who attend non-public
schools or programs to continue their education for the remainder of the school year in
which legal permanency is achieved and through the end of the following school year,
without payment of nonresident tuition, if the child ceases to be in the care and custody
of the District as a result of being placed in the permanent care and custody of a parent,
guardian, or custodian who resides outside the District of Columbia.
RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the Non-Public Student Educational Continuity Second Emergency
Declaration Resolution of 2021.
Sec. 2. (a) In 2014, the Council approved the Educational Continuity Amendment Act of
2014 as part of D.C. Law 20-155, the Fiscal Year 2015 Budget Support Act of 2014. This act
created a residency exemption for wards of the state, allowing youth under the care of the
District to continue to attend their District of Columbia Public Schools (DCPS) school or
public charter school if they are placed in the permanent care and custody of a parent, guardian,
or custodian who resides outside the District of Columbia. This provides for continuity in their
education.
(b) Unfortunately, the law leaves out students who are enrolled in a DCPS or D.C. public
charter school but are attending a non-public school or program. When these students cease to
be wards of the District and are placed in the permanent care of an individual who resides
outside of the District, the District stops paying the tuition to their non-public schools. In turn,
they often have to leave the non-public schools, or their new guardians have to find thousands of
dollars to pay their tuition. Arguably, these students need continuity in their education the most.
(c) In 2020, the Council learned that numerous students were impacted by the lapse in the
law, so the Council approved D.C. Act 23-242, the Non-Public Student Educational Continuity
Emergency Amendment Act of 2020, and D.C. Law 23-104, the Non-Public Student Educational
Continuity Temporary Amendment Act of 2020. D.C. Act 23-242 expired on May 31, 2020, and
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 ENROLLED ORIGINAL
D.C. Law 23-104 expired on January 28, 2021. Another round of emergency (D.C. Act 24-9)
and temporary legislation (D.C. Law 24-1) was done earlier this year. However, the second
temporary, D.C. Law 24-1, will expire on December 1, 2021. Permanent legislation not yet been
approved to address this lapse in the law.
(d) A third round of emergency legislation is necessary to continue to provide the Office
of the State Superintendent of Education the clarity it needs to ensure that non-public students
maintain the continuity of education afforded to students who are not in non-public placements.
Sec. 3. The Council of the District of Columbia determines that the circumstances in
section 2 constitute emergency circumstances, making it necessary that the Non-Public Student
Educational Continuity Second Emergency Amendment Act of 2021 be adopted after a single
reading.
Sec. 4. This resolution shall take effect immediately.
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