(a) There is established a lapsing fund to be designated as the Higher Education Licensure Commission Site Evaluation Fund (“Fund”), which shall be a segregated account within the General Fund of the District of Columbia, administered by the Office of the State Superintendent of Education, and used for the purposes set forth in subsection (b) of this section.

(b) The Fund shall be used only to cover costs associated with the Higher Education Licensure Commission (“Commission”)’s review of institutions for licensing purposes under § 38-1306.

(c) All revenues collected by the Commission for evaluations and observations done pursuant to § 38-1306 shall be deposited into the Fund. All funds deposited into the Fund shall be used for the purposes set forth in subsection (b) of this section. Any unexpended funds in the Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.

(Oct. 21, 2000, D.C. Law 13-176, § 7a; as added Oct. 20, 2005, D.C. Law 16-33, § 4003(b), 52 DCR 7503; June 12, 2007, D.C. Law 17-9, § 302(f), 54 DCR 4102; Sept. 14, 2011, D.C. Law 19-21, § 9059, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 98(b), 59 DCR 6190; Feb. 27, 2016, D.C. Law 21-74, § 4(b), 63 DCR 252.)

This section is referenced in § 38-1306.

D.C. Law 17-9, in subsec. (a), substituted “Office of the State Superintendent of Education” for “State Education Office”.

D.C. Law 19-21, in subsec. (a), substituted “lapsing” for “nonlapsing”; and, in subsec. (c), substituted “be used for the purposes set forth in subsection (b) of this section. Any unexpended funds in the Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.” for “not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section, subject to authorization by Congress”.

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.

The 2016 amendment by D.C. Law 21-74 substituted “Higher Education Licensure Commission” for “Education Licensure Commission” throughout the section.

For temporary (90 day) addition, see § 4003(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see § 4(b) of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715).

For temporary (90 days) amendment of this section, see § 4(b) of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188).

For temporary (225 days) amendment of this section, see § 4(b) of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983).