Laws of Olde

D.C. Code § 50-319

2010-02-23T12:04:00.002-05:00

In the "Department of Redundancy Department," we have this law regarding taxicab licensing:

(b) ...The minimum license fee imposed by the Commission pursuant to this subchapter on taxicab companies, associations, or fleets for operating authority shall be not less than $100 per year. [Emphasis mine.]

DC Mun Regs tit 5 s 2405.5(b)

2009-09-09T12:57:00.002-04:00

Okay, so sometimes I'm just snarky here, and sometimes I make good points. I try not to be too terribly harsh. But right now I'm going to be, and I think that it is fair, because AT THIS MOMENT I have open on my computer the revision to this section that I am writing.

Disclaimer over.

"Hi, I'm 6 years old and a kid in my class is bullying me. My teacher hasn't stopped it. So I want to complain. But how am I supposed to understand this?"

In order to initiate this procedure, the complaint should contain the following information, to the extent known by the complainant; provided, that the procedure shall be deemed initiated despite the omission of any item or items of information...

D.C Code § 10-137

2009-09-08T12:55:00.001-04:00

Hello circularity...

The Director of the National Park Service and the said Mayor of the District of Columbia are authorized to make all needful rules and regulations for the government and proper care of all the public grounds placed by §§ 6-404, 10-104, 10-106, 10-123, 10-129 and 10-137, under their respective charge and control; and to annex to such rules and regulations such reasonable penalties as will secure their enforcement.

DCMR tit. 17 s 207.2

2009-09-08T11:55:00.001-04:00

I wonder how old this is. A fee of one dollar hardly seems worth the trouble...

A temporary permit shall be issued to an applicant who presents evidence of his or her qualifications to work as an electrician, and upon payment of a fee of one dollar ($ 1).

DCMR tit. 7 s 799.1

2009-09-04T11:26:00.001-04:00

Hooray for typos! This one has been around since 1980:

Economically disadvantaged- ... (d) A person whose status presents significant barriers to employment such as the following:

(1) A client of a sheltered workship;...

CVIR 17-003-002 s. 111

2009-09-02T13:31:00.002-04:00

I'm glad I didn't go to school in the Virgin Islands. I don't look good in pleated skirts.

Girls are to be dressed in fully pleated skirts that touch the knees; front buttoned blouses with sleeves and collars including polo shirts (no frills or ornamentation); dark colored shoes or sneakers.

U.A.C. R277-105-1 (B)

2009-09-02T13:22:00.001-04:00

Nothing wrong with this section. I was struck by the phrase "external Absolute" so wanted to share.

"Conscience" means a standard based upon learned experiences, a personal philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of right and wrong which is felt on an individual basis, a belief in an external Absolute, or any combination of the foregoing.

005 15 CARR 022 s. 6.04

2009-09-02T11:17:00.003-04:00

(Note: I don't know the correct way to cite to Arkansas regulations. My apologies if the title of this post is incorrect.)

A. Corporal Punishment: Any teacher or school administrator in a school district that authorizes use of corporal punishment in the district's written student discipline policy may use corporal punishment in the presence of an administrator or his designee, provided only that the punishment is administered in accord with the district's written student discipline policy, against any pupil in order to maintain discipline and order within the public schools.

See Ark. Code Ann. 6-18-503 (Repl. 1993), as amended by Act 333 of 1995. The following guidelines are recommended:

1. Before corporal punishment is administered, the student should be advised of the rule and infraction for which the student may be punished. The student should be allowed time to respond, and then the school administrator should take the action it deems is most appropriate. A formal hearing is not required prior to administering corporal punishment.

2. Parents may choose an option whether their child is given corporal punishment.

I know that Arkansas is not the only state that allows corporal punishment. Nevertheless, it is distressing to see it in black and white. (UPDATE: And, I came across this while searching for "student rights." That's just problematic.)

D.C. Mun. Regs. tit. 3 s 1610.2

2009-08-21T15:19:00.002-04:00

Am I just being picky? Or does "Union" need to be capitalized in order to refer to the US? I read this as if the proposed state joins the AFL-CIO.

The contests for the office of U.S. Senator and U.S. Representative may appear, in that order, on a ballot card separate from all other offices, until such time as the proposed state of New Columbia is admitted to the union.

D.C. Code § 38-1905

2009-08-21T11:50:00.002-04:00

Yeah, I'd like to see someone try to claim that there are elementary school students who are So Unprepared that they won't even be able to go to trade school. Something tells me that No Child Left Behind would have something to say about this. No worries, it was passed by Congress in 1936 and is on my "PLEASE repeal" list. Along with the law from 1943 about Americanization schools. Really.

The Board of Education is authorized and empowered to establish occupational schools on the elementary school level for pupils not prepared to pursue vocational courses in the trade or vocational schools and also to carry on trade or vocational courses on the senior high school level or in senior high schools.

D.C. Code § 38-1902

2009-08-21T11:46:00.001-04:00

I'm recommending that this be repealed, so I'm immortalizing it here. I'm particularly a fan of the idea of being a teacher assigned to instruction in school gardening.

On and after July 1, 1943, the Board of Education is authorized to designate the months in which the 10 salary payments shall be made to teachers assigned to instruction in elementary science and school gardening, and in health, physical education, and playground activities.

D.C. Code § 1-612.07

2009-08-19T16:58:00.001-04:00

Okay, this is just poor drafting:

... (3) The application shall be notarized by the affected employee or the employee acting on the affected employee's behalf.

To clarify: the employee must be a notary?

D.C. Code §§ 38-191, 38-1208.02, and 38-2608

2009-08-19T14:36:00.003-04:00

No, workforce preparation and adult literacy are not the same thing. But maybe we can try for a little bit of consistency?

§ 38-191. Department of Education; establishment; authority

(b) The Department of Education shall:
...
(5) Promote, coordinate, and oversee the enhancement and quality of workforce preparation programs within the State Superintendent of Education Office;

(6) Promote, coordinate, and oversee the enhancement and quality of adult literacy and adult education programs within the State Superintendent of Education Office;

38-1208.02. Establishment of the Office of Vocational Education and Skills Training at the University of the District of Columbia

(b) VEST shall be responsible for the oversight and coordination of all government-sponsored vocational education, adult apprenticeship, and workforce skills training performed by UDC and DCPS.

38-2608. Supervision of adult education program

(a) The OSSE shall be the state agency responsible for supervision of adult education and adult literacy.

D.C. Mun. Regs. tit. 20 s 2108

2009-08-11T14:06:00.003-04:00

Because I'm a total researcher (see the bottom of the second paragraph), I have this vision of going through the D.C. Code to look at all of the fines, and then make recommendations of how to make them consistent with each other. When I came across this section of D.C. Municipal Regulations while doing actually-work-related research, I copied it for that purpose. But then I noticed some fun didn't-have-an-eagle-eyed-copy-editor text, and felt I needed to share it.

2108.1 Any person who fails to comply with any of the applicable provisions of this chapter shall, upon conviction, be punished as follows:

(a) Any person smoking ... shall, upon conviction, be punishable by a fine of not less than one hundred dollars ($ 100) nor more than one thousand ($ 1,000) for a first offense; and not less than two hundred dollars ($ 200) nor a* more than one thousand dollars ($ 1,000) for each subsequent offense;
...

2108.3 Pursuant to D.C. Official Code § 22-1320(c), any person ... shall be fined not more than five hundred dollars ($ 500) or less than one hundred dollars ($ 100), or imprisoned not more than thirty (30) days, or both, for the first offense.

...

*I'm going to be nice and assume this was just a typo, maybe even by the fine folks at Lexis, from where I copied this text.

D.C. Code § 38-2931

2009-08-10T16:42:00.000-04:00

Military funding?

The District of Columbia Public Schools ("DCPS") shall distribute any TANF or Health and Human Services funds that it receives that are designated for after-school programs, on an equitable basis, to DCPS and Public Charter Schools serving students with after-school programs, that receive funding based on the Uniformed Per Pupil Funding Formula.

D.C. Code § 38-407

2009-08-05T16:14:00.001-04:00

I love the sections of the DC Code that talk about property. They are so... clear.

That parcel of land marked and designated upon the map of the City of Washington as part of lot No. 11, in square No. 141, beginning at the northwest corner of said lot, and running thence due south on the west line of said square, 50 feet; thence due east, 30 feet; thence due north, 50 feet; thence due west on the north line of said square, to the point of beginning, and also that piece of land marked and designated upon said map as a public reservation, located between 8th and 9th Streets and K Street and Virginia Avenue Southeast, known as the Anacostia engine house, together with the buildings and improvements thereon, are severally set apart and appropriated for the use of the public schools in the City of Washington, so long as they shall be occupied for that purpose, and no longer.

D.C. Code § 10-305

2009-08-05T15:38:00.000-04:00

Mega Rec Center!!

The Mayor shall develop, construct, and implement mega recreation centers in strategic locations throughout the District of Columbia. Such centers shall be spacious enough to accommodate several indoor activities simultaneously and contain state of the art equipment and apparatus.

Rawson v. Jones, ex rel Spann, 816 So. 2d 367

2009-06-29T07:16:00.002-04:00

"It is unfair to accuse an injured party of sleeping on her rights when the trial court had its finger on the snooze button."

DCMR 1-101.1

2009-06-11T11:30:00.001-04:00

The scary thing is that this makes perfect sense to me.

Mayor's Orders, previously issued as Commissioner's Orders until 1975, and before that as Commissioners' Orders until November 1967, and Orders of the Commissioners until May 1971, are incorporated in this chapter by reference.

D.C. Code § 42-705

2009-06-05T12:16:00.002-04:00

Wow, glad I'm not an estate planner. Did people in 1901 speak a different kind of English than we do now?

In any deed or will of real or personal estate in the District of Columbia, executed after March 3, 1901, the words "die without issue," or the words "die without leaving issue," or the words "have no issue," or other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear in the instrument.

JOANNA PETRY, et al., APPELLANTS v. JOHN BLOCK, SECRETARY OF AGRICULTURE, et al.

2009-06-02T22:26:00.002-04:00

Looks like someone's clerk longed for a career as a poet:

In the spirit of the day, OBRA placed administrative agencies on an unusually fast track to implement the mandated changes.... Espying OBRA's likely passage on the horizon, FNS collected data.... the appellants argue vigorously that the Secretary, through FNS, failed to work with sufficient diligence and dispatch in this task. ... After this auspicious beginning, the proposed rule entered FNS' internal clearance procedure on October 2, 1981. The review of the draft regulation continued in early October, at which point storm clouds of delay loomed large. ... These well-laid plans then went awry. ... As the calendar fatefully moved toward New Year's Day, a new draft was completed....

And perhaps the next section was written by a different clerk?

[Appellants] apparently are of the view that a much more extensive explanation of the two studies described in the January 26, 1982 notice was required.... This argument, to put it gently, misinterprets these decisions. ... Inapposite as they so manifestly are, Portland Cement and Nova Scotia simply cannot be twisted so as to require ....

WHEELCHAIR CARRIERS ASSOCIATION, INC., Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants.

2009-06-02T22:23:00.001-04:00

Looks like someone's clerk was a little comma-happy:

"But Defendants' failure to publish the Final Rule prior to putting it into effect, is a violation of the express terms of the DCAPA."

19 TAC § 74.36

2009-06-02T10:30:00.002-04:00

In order to make sure that we don't run afoul of the First Amendment (darn that Constitution), let's regulate our classes on the Bible to a degree to which we don't regulate anything else. Now, what were you saying about that fraud Darwin?

Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization

(a) Pursuant to this rule, a school district may offer to students in Grade 9 or above:

(1) an elective course on the Hebrew Scriptures (Old Testament) and its impact and an elective course on the New Testament and its impact; or

(2) an elective course that combines the courses on the Hebrew Scriptures (Old Testament) and its impact and on the New Testament and its impact.

(b) The purpose of a course under this section is to:

(1) teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and

(2) familiarize students with, as applicable:

(A) the contents of the Hebrew Scriptures or New Testament;

(B) the history of the Hebrew Scriptures or New Testament;

(C) the literary style and structure of the Hebrew Scriptures or New Testament; and

(D) the influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.

(c) A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in their school district. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective.

(d) A course offered under this section shall follow the Texas Essential Knowledge and Skills for Special Topics in Social Studies or the Texas Essential Knowledge and Skills for Independent Study in English as set out in this subsection.

(1) Texas Essential Knowledge and Skills for Special Topics in Social Studies (One-Half Credit).

(A) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course. Students may take this course with different course content for a maximum of two credits.

(B) Introduction. In Special Topics in Social Studies, an elective course comparable to the former Advanced Social Science Problems, students are provided the opportunity to apply the knowledge and skills of the social sciences to a variety of topics and issues. Students use critical-thinking skills to locate, organize, analyze, and use data collected from a variety of sources. Problem solving and decision making are important elements of the course as is the communication of information in written, oral, and visual forms.

(C) Knowledge and skills.

(i) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of sources including electronic technology. The student is expected to:

(I) differentiate between, locate, and use primary and secondary sources such as computer software, databases, media and news services, biographies, interviews, and artifacts to acquire information about a selected topic in social studies;

(II) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;

(III) identify points of view from the historic context surrounding an event and the frame of reference that influenced the participants;

(IV) support a point of view on a social studies issue or event;

(V) identify bias in written, oral, and visual material;

(VI) evaluate the validity of a source based on language, corroboration with other sources, and information about the author; and

(VII) use appropriate mathematical skills to interpret social studies information such as maps and graphs.

(ii) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:

(I) use social studies terminology correctly;

(II) use standard grammar, spelling, sentence structure, and punctuation;

(III) transfer information from one medium to another, including written to visual and statistical to written or visual, using computer software as appropriate; and

(IV) create written, oral, and visual presentations of social studies information. (iii) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others, in a variety of settings. The student is expected to:

(I) use a problem-solving process to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution; and

(II) use a decision-making process to identify a situation that requires a decision, gather information, identify options, predict consequences, and take action to implement a decision.

(2) Texas Essential Knowledge and Skills for Independent Study in English (One-Half to One Credit).

(A) Introduction. Students enrolled in Independent Study in English write in a variety of forms for a variety of audiences and purposes. High school students are expected to plan, draft, and complete written compositions on a regular basis, and carefully examine their papers for clarity, engaging language, and the correct use of the conventions and mechanics of written English. Independent Study in English students are expected to write in a variety of forms including business, personal, literary, and persuasive texts for a variety of audiences and purposes. Writing is used as a tool for learning as students create, clarify, critique, and express appreciation for others' ideas and responses. Independent Study in English students evaluate their own written work as well as the work of others. Students continue to read extensively in increasingly difficult texts selected in multiple genres for a variety of purposes. When comprehension breaks down, students effectively and efficiently monitor and adjust their use of a variety of comprehension strategies. Students respond to texts through talking and writing in both traditional print and electronic formats. Students connect their knowledge of the world and the knowledge they gather from other texts with the text being read. For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.

(B) Knowledge and skills.

(i) Writing. The student uses writing as a tool for learning and research. The student is expected to:

(I) use writing to formulate questions, refine topics, and clarify ideas;

(II) use writing to organize and support what is known and what needs to be learned about a topic;

(III) compile information from primary and secondary sources using available technology;

(IV) use writing to discover, record, review, and learn;

(V) organize notes from multiple sources, including primary and secondary sources, in useful and informing ways;

(VI) link related information and ideas from a variety of sources;

(VII) represent information in a variety of ways such as graphics, conceptual maps, and learning logs;

(VIII) compile written ideas and representations, interpret empirical data into reports, summaries, or other formats, and draw conclusions; and

(IX) use writing as a tool such as to reflect, explore, or problem solve.

(ii) Reading. The student inquires through reading and researching self-selected and assigned topics. The student is expected to:

(I) read widely to establish a specific area of interest for further study;

(II) generate relevant, interesting, and researchable questions with instructor guidance and approval;

(III) locate appropriate print and non-print information using text and technical resources, including databases;

(IV) use text organizers such as overviews, headings, and graphic features to locate and categorize information;

(V) organize and record new information in systematic ways such as notes, charts, and graphic organizers;

(VI) produce research projects and reports in various forms for audiences;

(VII) draw relevant questions for further study from the research findings or conclusions; and

(VIII) conduct a research project(s), producing an original work in print or another medium with a demonstration of advanced skill.

(iii) Viewing/representing. The student produces visual representations that communicate with others. The student is expected to:

(I) use a range of techniques in planning and creating media text; and

(II) prepare and present a research project.

P.R. 18-96

2009-05-27T14:16:00.004-04:00

In DC, for laws to be effective immediately (that is, prior to review by Congress), there must be an "emergency." This resolution declares an emergency requiring the issuance of warnings to drivers who do not clear ice and snow off their cars. The emergency is as follows:

(b) The District is currently experiencing a winter season with extremely low temperatures resulting in frozen precipitation accumulating on motor vehicles. If those vehicles are not properly cleared of frozen snow or ice prior to operation, the ice may be projected at people and property in public space while the vehicle is moving.
...
(d) There continues to be immediate potential for frozen precipitation to accumulate
upon vehicles in the District.

But, these "emergency" circumstances have occurred in winters past. Isn't this just a way of saying "we don't care that no one thought enough about this to take action before; we want to take action NOW [golly gee, warnings are very strong action] and that is the emergency"?

I do particularly enjoy the italicized phrases.

Va. Code Ann. § 55-248.13:1

2009-05-22T15:52:00.000-04:00

Peepholes!

... any landlord who rents five or more dwelling units in any one building shall install:

1. Dead-bolt locks which meet the requirements of the Uniform Statewide Building Code (§ 36-97 et seq.) for new multi-family construction and peepholes in any exterior swinging entrance door to any such unit; however, any door having a glass panel shall not require a peephole.

Fla. Stat. § 6.01

2009-04-20T12:50:00.001-04:00

What is the "Confederacy and Union of the United States"?

§ 6.01. Assent to terms of admission into the union The State of Florida assents as by the statute approved July 25, 1845, to the terms of admission of this state into the Confederacy and Union of the United States, and to the provisions of the Acts of Congress respecting the public lands of the United States in this state.

§ 105 ILCS 5/27A-5(g) and 5/27A-7(c)

2009-04-20T12:02:00.002-04:00

Someone in Illinois thinks the way I do...

(g) A charter school shall comply with all provisions of this Article and its charter. A charter school is exempt from all other State laws and regulations in the School Code [105 ILCS 5/1-1 et seq.] governing public schools and local school board policies, except the following:
...

(c) The local school board may not ... condition its approval of a charter school proposal on acceptance of an agreement to operate under State laws and regulations and local school board policies from which the charter school is otherwise exempted under this Article.

Code of Maine Rules 94-348-004.11C

2009-04-07T12:04:00.002-04:00

First, thanks to Rudi's legal research for directing me to this, the key point being that Maine allows single-sex boxing teams, but doesn't say for which sex.

Seeing the section in its entirety, however, what strikes me more is the following: is there really such a huge demand for (let's face it, it really is clear which sex gets the boxing team) women's boxing that (3) isn't sufficient?

C. Single-Sex Teams
An educational institution may sponsor single-sex team in interscholastic or inter-collegiate athletics competitions in the following instances:
(1) The institution sponsors a team for each sex in the same sport.
(2) The sport is boxing.
(3) The educational institution establishes one team in a sport and, as a result of athletic competition for places on the team, or the lack of interest of students, only the members of one sex become members of the team.

D.C. Code § 7-1703.03

2009-04-07T10:43:00.001-04:00

Smokers are a protected class in DC. Who knew?

Prohibition of employment discrimination on the basis of tobacco use
(a) No person shall refuse to hire or employ any applicant for employment, or discharge or otherwise discriminate against any employee with respect to compensation or any other term, condition, or privilege of employment, on the basis of the use by the applicant or employee of tobacco or tobacco products. Nothing in this section shall be construed as limiting a person from establishing or enforcing workplace smoking restrictions that are required or permitted by this subchapter or other District or federal laws, or in establishing tobacco-use restrictions or prohibitions that constitute bona fide occupational qualifications.

American Recovery and Reinvestment Act

2009-03-18T11:32:00.001-04:00

Not sure why I find this so humorous, but I do. From the Recovery Act, appropriations to NASA:

For an additional amount for ‘‘Science’’, $400,000,000.

DC Mun Regs tit. 22 s. 8599

2009-02-24T11:07:00.001-05:00

What is "affectional preference"?

Harassment: Conduct directed at an employee solely on the basis of his/her affectional preference, age, color, creed...

DC Mun Regs tit. 4 s. 107

2009-02-24T09:55:00.000-05:00

What's a "pledge of confidence"?

107.2 The investigator assigned to a case is authorized to administer oaths and require that the statement of a witness shall be under oath or affirmation, without a pledge of confidence.

DC Mun Regs tit. 4 s. 103

2009-02-24T09:48:00.003-05:00

This might be okay if any of these positions had existed at all in the last decade... (Okay, I don't actually know when these positions stopped existing; the rules were last updated in 1984.)

103.9 The Director, EEO shall publicize to all District government employees the name and addresses of the Director EEO, the District Government's Women's Program Manager and Hispanic Program Coordinator.

D.C. Code § 32-1508

2009-02-23T10:34:00.001-05:00

This really isn't funny, but...

(3) In case of disability partial in character but permanent in quality, the compensation shall be 662/3% of the employee's average weekly wages which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with paragraph (2) or (4) of this subsection respectively, and shall be paid to the employee, as follows:
(A) Arm lost, 312 weeks' compensation;
(B) Leg lost, 288 weeks' compensation;
(C) Hand lost, 244 weeks' compensation;
(D) Foot lost, 205 weeks' compensation;
(E) Eye lost, 160 weeks' compensation;
(F) Thumb lost, 75 weeks' compensation;
(G) First finger lost, 46 weeks' compensation;
(H) Great toe lost, 38 weeks' compensation;
(I) Second finger lost, 30 weeks' compensation;
(J) Third finger lost, 25 weeks' compensation;
(K) Toe other than great toe lost, 16 weeks' compensation;
(L) Fourth finger lost, 15 weeks' compensation;
(M) Compensation for loss of hearing of 1 ear, 52 weeks. Compensation for loss of hearing of both ears, 200 weeks, provided that the Mayor may establish a waiting period, not to exceed 6 months, during which an employee may not file a claim for loss of hearing resulting from nontraumatic causes in his occupational environment until the employee has been away from such environment for such period, and provided further, that nothing in this subparagraph shall limit an employee's right to file a claim for temporary partial disability pursuant to paragraph (5) of this section;
(N) Compensation for loss of more than 1 phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the 1st phalange shall be one half of the compensation for loss of the entire digit;
(O) Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but if amputated between the elbow and the wrist or the knee and the ankle, shall be the same as for loss of a hand or foot;
(P) Compensation for loss of binocular vision or for 80% or more of the vision of an eye shall be the same as for loss of the eye;
(Q) Compensation for loss of 2 or more digits, or 1 or more phalanges of 2 or more digits, of a hand or foot, may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the compensation for loss of a hand or foot;

DCMR tit. 5 1644.1

2009-02-12T17:02:00.001-05:00

A little something to be updated... (DC has a DMV these days, not a "DPW/Bureau of Motor Vehicle Services")

For certification in driver education, the following shall be required:
(a) A minimum of ninety (90) clock hours of satisfactory experience in the teaching of theory in driver education from an accredited school or in a state approved school or driver training;
(b) A valid motor vehicle operator's license issued by the District of Columbia Department of Public Works/Bureau of Motor Vehicle Services; and
(c) A valid motor vehicle instructor's license issued by the District of Columbia Department of Public Works/Bureau of Motor Vehicle Services. The program content shall include the following:
(1) The use of simulation and automated response systems in driver education;
(2) Principles of safety education;
(3) First Aid and CPR for instructors;
(4) Advanced driver education; and
(5) Safety and traffic education.

R.R.S. Neb. § 42-403

2009-02-12T16:43:00.003-05:00

I confess that I went out looking for an old looking law this time around. This section comes immediately after a section that goes out of its way (in 1913-era legalese) to make sure that kids aren't illegitimate even though we don't like marriage customs that don't involve paperwork. And maybe a minister.

Marriages and divorces consummated on or after April 8, 1913, among such Indians, or among their descendants, according to Indian custom, are hereby declared to be unlawful and shall be punished as hereinafter provided.

D.C. Code § 38-408

2009-02-09T13:47:00.000-05:00

But definitely not for middle school...

Upon completion of the Roosevelt (Business) High School the building now occupied by the Business High School shall be utilized for senior high and elementary school purposes.

D.C. Code § 38-407

2009-02-09T13:44:00.002-05:00

Because it is so clear just what parcels of land this refers to... (This is so old that it doesn't have a Public Law citation. Wow.)

That parcel of land marked and designated upon the map of the City of Washington as part of lot No. 11, in square No. 141, beginning at the northwest corner of said lot, and running thence due south on the west line of said square, 50 feet; thence due east, 30 feet; thence due north, 50 feet; thence due west on the north line of said square, to the point of beginning, and also that piece of land marked and designated upon said map as a public reservation, located between 8th and 9th Streets and K Street and Virginia Avenue Southeast, known as the Anacostia engine house, together with the buildings and improvements thereon, are severally set apart and appropriated for the use of the public schools in the City of Washington, so long as they shall be occupied for that purpose, and no longer.

General and Miscellaneous Provisions

2009-02-04T17:19:00.004-05:00

I tend to do my legal research using the tables of contents of the laws/regs I'm looking for. So the following isn't terribly helpful:

California Education Code
Title 1. General Education Code Provisions
Division 1. General Education Code Provisions
Part 1. General Provisions
Chapter 1. General Provisions
Article 5. General Provisions, Public Schools
(hmm, noticing a pattern here?)
Part 19. Miscellaneous
Chapter 3. Miscellaneous

Or try DC:

Title 38. Educational Institutions
Subtitle I. Public Education -- Primary and Secondary
Chapter 9. Miscellaneous Provisions
Subtitle XI. Miscellaneous Education Provisions

NY CLS Educ § 3602-e 10. b.

2009-01-06T12:31:00.000-05:00

Basic math?

b. For purposes of paragraph a of this subdivision: (i) "Selected aid per prekindergarten pupil" shall equal the greater of (A) the product of five-tenths and the school district's selected foundation aid for the current year, or (B) ...

29 P.S. § 41

2009-01-02T12:17:00.002-05:00

Pennsylvania has an entire title of Code dedicated to fences.

§ 41 From and after the passage of this act, owners of improved and occupied land shall erect and maintain an equal part of all line or division fences between them, nor shall any such owner be relieved from liability under the provisions of this act except by the consent of the adjoining owner. And if any owner of such improved and occupied land shall fail or neglect to erect or maintain his, her, or their share of such line or division fence the party aggrieved shall notify the county surveyor or, if there is no county surveyor in the county, then a county surveyor of any adjoining county, or, if the county surveyor in any adjoining county refuses to act, a surveyor appointed by a judge of the court of common pleas, who shall act as a fence viewer and whose duty it shall be to examine such line or division fence, so complained of; and if he finds said fence sufficient, the complainant shall pay the cost of his service; but if he finds such fence insufficient, he shall so report to a justice of the peace or alderman, residing in the county where such fence is located, designating points and distances of such fence, whether a new fence is required or whether the old one can be repaired, and the probable costs of a new, or the repair of the old, fence; and said justice or alderman shall notify the delinquent owner of such improved and occupied land of the surveyor's report, and that his part of said fence, as found by the surveyor, be erected or repaired within forty days from the date of such notice; and if such notice be not complied with, the aggrieved party may cause said line or division fence to be erected or repaired, and the costs thereof collected, including the charge of the surveyor, from the delinquent owner of such improved and occupied land, as other debts are collected by law. The surveyor shall be entitled to such payment for acting as a fence viewer as he may fix, not, however, exceeding twenty-five dollars. Where the surveyor reports that he finds the fence complained of sufficient, the amount payable to the surveyor shall be paid by the complainant, but where he reports the fence insufficient, the amount payable to him shall be paid by the delinquent owner of such improved or occupied land: Provided, That no owner of improved land shall be compelled to build or repair fence during the months of December, January, February, and March: And provided further, That nothing herein contained shall be construed to apply to railroad companies.

24 P.S. § 6803

2009-01-02T12:13:00.000-05:00

Each institution of higher education operating in this Commonwealth shall evaluate its instructional faculty for fluency in the English language in the classroom. Such fluency shall be evaluated using varied and appropriate criteria, such as personal interviews, peer, alumni and student observations and evaluations, publications, professional presentations, tests or any other appropriate criteria which effectively evaluates such fluency.

Tex. Educ. Code § 12.022

2009-01-02T10:47:00.001-05:00

Voting early and often in Texas:

§ 12.022. Minimum Voter Turnout Required

(a) An election on the adoption of a proposed home-rule school district charter has no effect unless at least 25 percent of the registered voters of the district vote in the election in which the adoption of the charter is on the ballot.

(b) An election on the adoption of a proposed amendment to a home-rule school district charter has no effect unless at least 20 percent of the registered voters of the district vote in the election in which the adoption of the amendment is on the ballot.

(c) If the required number of voters prescribed by Subsection (a) or (b) do not vote in the election, the board of trustees shall order an election on the issue to be held on the first uniform election date:
(1) that occurs at least 45 days after the date the election is ordered; and
(2) on which one or more elections are to be held, the combination of which covers all of the territory of the school district.

(d) If the required number of voters prescribed by Subsection (a) or (b) do not vote at an election ordered as required by Subsection (c), the board of trustees may continue to order elections on the issue in accordance with Subsection (c) until the required minimum voter turnout is achieved.

Illinois Voting by Minors Act

2008-12-31T10:52:00.002-05:00

To learn early about corruption...

§ 105 ILCS 50/5. Development of program. (a) The State Board of Elections and the State Board of Education shall develop a pilot program under which elementary and secondary school students in kindergarten through grade 12 in participating school districts and counties may participate in a simulated election held on the date of the general election in 2004.
...
§ 105 ILCS 50/10. Funding. (a) Implementation of the program is contingent upon receipt of the necessary funding from private sources.
...
§ 105 ILCS 50/25. Basic program requirements. The program standards jointly developed under subsection (c) of Section 5 shall require: (i) that children register to vote in the simulated election; (ii) that on the day of the 2004 general election the children accompany their parents to the polls and vote on separate ballots in voting booths adjacent to the adult booths; (iii) that the children vote on the same races and propositions as the adult voters, except that the number of races or propositions on which the younger children vote may be reduced as necessary based on their grade level; (iv) that the ballots be designed, using pictures and symbols as necessary, so that all children may vote their choice even though they are unable to read; (v) that simulated election judges participate at the polls as part of the simulated election; (vi) that the results of the simulated election be tabulated beginning after the closing of the polls and the results announced on the following day; and (vii) other standards that the State Board of Elections and State Board of Education determine will contribute to the voting experience of the children.

Cal Ed Code § 47612.7(c)

2008-12-30T13:23:00.000-05:00

This is brilliant. Why don't more laws include this level of foresight?

This section shall become inoperative on July 1, 2012, and, as of January 1, 2013, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2013, deletes or extends the dates on which it becomes inoperative and is repealed.

D.C. Code §§ 38-306 and 38-308

2008-12-29T14:49:00.003-05:00

Eventually and ideally I will find laws of olde from a wide variety of jurisdictions. In the meantime, enjoy the redundancy:

§ 38-306. Proof of residency All students enrolled in District of Columbia public schools and public charter schools funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall provide proof of residency in the District or pay tuition pursuant to § 38-302. A determination of residency status shall be made annually for each such student. The methods used to determine residency status shall be consistent across District of Columbia public schools and public charter schools and shall be crafted to facilitate rather than hinder school enrollment of eligible students.

§ 38-308. Establishment of residency (a) The residency status of each student enrolling in a DCPS school or public charter school funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall be established by October 5, or within 10 days of the time of initial enrollment, whichever occurs later, within the school year for which the student is being enrolled. Residency status shall be re-established annually. Residency status shall be established through the use of satisfactory documentation as set forth in §§ 38-309 and 38-310. The State Education Office, pursuant to § 38-2604(b)(3), shall establish such rules and procedures to carry out residency verification as it deems appropriate and as are consistent with this chapter.

20 U.S.C. § 6316(e)(12)(C)

2008-12-26T12:20:00.001-05:00

Can you spot the error in editing?

(C) the term "supplemental educational services" means tutoring and other supplemental academic enrichment services that are--
(i) in addition to instruction provided during the school day; and
(ii) are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on the academic assessments required under section 1111 and attain proficiency in meeting the State's academic achievement standards.

20 U.S.C. § 6303

2008-12-18T16:06:00.001-05:00

The question here is: why are there two subsections saying exactly the same thing? Am I missing something?

(b) Uses. Of the amount reserved under subsection (a) for any fiscal year, the State educational agency-- (1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified for school improvement, corrective action, and restructuring, for activities under section 1116(b) [20 USCS § 6316(b)]; or (2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies.

(g) (7) Allocation. A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified for school improvement, corrective action, or restructuring to carry out activities under section 1116(b) [20 USCS § 6316(b)], or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies.

D.C. Code § 1-1106.02(a)

2008-12-17T16:39:00.001-05:00

(a) Any candidate for nomination for election, or election, to public office at the time he or she becomes a candidate, who does not occupy any such office, shall file within one month after he or she becomes a candidate for such office, and the Mayor and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Home Rule Act, a Representative or Senator elected pursuant to § 1-123, the President and each member of the Board of Education, and persons serving as subordinate agency heads or serving in positions designated as within the Legal Service, the Excepted Service, or the Management Supervisory Service (regardless of date of appointment) and paid at a rate of DS-13 or above, or MS-13 or above in case of the Management Supervisory Service, or designated in § 1-609.08 and each member of the District of Columbia Board of Accountancy, established by § 3-1503 [repealed]; the Board of Examiners and Registrars of Architects, established by § 3-1601 [repealed]; the Board of Directors of the Public Parking Authority of the District of Columbia, established by § 50-2503; the Board of Barber Examiners for the District of Columbia, established by § 3-1703 [repealed]; the District of Columbia Boxing and Wrestling Commission, established by § 3-604; the Board of Dental Examiners, established by § 3-2101 [repealed]; the District of Columbia Board of Cosmetology, established by § 3-2002 [repealed]; the Education Licensure Commission, established by § 38-1303; the Electrical Board, established by Commissioners' Order No. 54-1301, dated June 17, 1954; the Board of Funeral Directors, established by § 3-403 [repealed]; District of Columbia Taxicab Commission, established by Chapter 3 of Title 50; the Commission on Licensure to Practice the Healing Art in the District of Columbia, established by § 3-2903 [repealed]; the Board of Examiners for Nursing Home Administrators, established by Commissioner's Order No. 70-37, effective October 15, 1970; the Board of Occupational Therapy Practice, established by § 3-2305.5 [repealed]; the Board of Optometry, established by § 3-2403 [repealed]; the Board of Pharmacy, established by Chapter 20 of Title 2 [see now § 3-1202.08]; the Practical Nurses' Examining Board, established by § 3-2302.06 [repealed]; the Physical Therapists' Examining Board, established by § 3-2303.05 [repealed]; the Board of Psychologist Examiners, established by § 3-2304.05 [repealed]; the Plumbing Board, established by § 3-2501 [repealed]; the Board of Podiatry Examiners, established by § 3-2601 [repealed]; the District of Columbia Board of Registration for Professional Engineers, established by § 47-2886.05 [omitted]; the Real Estate Commission of the District of Columbia, established by § 42-1723 [repealed]; the Refrigeration and Air Conditioning Board, established by Commissioners' Order No. 55-2028, effective October 18, 1955; the Nurses Examining Board, established by § 3-2301.02 [repealed]; the Board of Examiners of Steam and Other Operating Engineers, established by § 3-2702 [repealed]; the Board of Examiners in Veterinary Medicine, established by § 3-531 [repealed]; the Alcoholic Beverage Control Board, established by § 25-104; the Board of Appeals and Review, established by Part I of Commissioners' Order No. 55-1500, effective August 11, 1955; the District of Columbia Armory Board, established by § 3-302; the Commission on the Arts and Humanities, established by § 39-203; the Condemnation Review Board, established by Commissioners' Order No. 54-2305, dated September 27, 1954; the Contract Appeals Board, D.C., established by Part VI of Commissioner's Order No. 68-399, dated June 6, 1968; the Criminal Justice Supervisory Board, established by § 3-903; the D.C. General Hospital Commission, established by § 44-1911 et seq. [repealed]; the District of Columbia Developmental Disabilities Planning Council, established by Mayor's Order No. 77-51a, dated March 30, 1977; the District of Columbia Board of Elections and Ethics, established by § 1-1001.03; the Office of Employee Appeals, established by subchapter VI of Chapter 6 of this title; Board of Real Property Assessments and Appeals for the District, established by § 47-825.01; the Board of Library Trustees, established by § 39-104; the District of Columbia Small and Local Business Opportunity Commission, established by § 2-218.21; the District of Columbia Occupational Safety and Health Board, established by Reorganization Plan No. 1 of 1978, effective June 27, 1978; the Public Employee Relations Board, established by subchapter V of Chapter 6 of this title; the Committee for the Purchase of Products and Services of the Blind and Other Severely Handicapped, established by § 32-303; the District of Columbia Rental Accommodations Commission, established by Chapter 40 of Title 42 [expired and repealed]; the Statewide Health Coordinating Commission, established by Mayor's Order No. 72-43, dated March 15, 1977; the Board of Trustees of the University of the District of Columbia, established by § 38-1202.01 et seq.; the Board of Zoning Adjustment, established by § 6-641.07; the Zoning Commission, established by § 6-621.01; the District of Columbia Commission on Postsecondary Education, established by Mayor's Order No. 75-23a, dated February 1, 1975; the District of Columbia Redevelopment Land Agency, established by § 6-301.03 [repealed]; the District of Columbia Housing Finance Agency, established by § 42-2702.01; and any board or commission created after April 23, 1980, which makes decisions in areas of contracting, procurement, administration of grants or subsidies, planning or developing policies, inspecting, licensing, regulating, auditing or acting in areas of responsibility involving any potential conflict of interest shall file annually with the Board a report containing a full and complete statement of: (1) the name of each business entity (including sole proprietorships, partnerships, and corporations) transacting any business with the District of Columbia government (including any of its agencies, departments, boards, commissions, or educational bodies) in which such person (or his or her spouse, if property is jointly titled): (A) has a beneficial interest (including those held in such person's own name, in trust, or in the name of a nominee) exceeding in the aggregate $ 1,000; provided, however, if such interest consists of corporate stocks which are registered and traded upon a recognized national exchange, such aggregate value must exceed $ 5,000; or (B) earns income for services rendered during a calendar year in excess of $ 1,000; or (C) serves as an officer, director, partner, employee, consultant, contractor, or in any other formal capacity or affiliation; (2) any outstanding individual liability in excess of $ 1,000 for borrowing by such person or his or her spouse if such liability is joint, from anyone other than a federal or state insured or regulated financial institution (including any revolving credit and installment accounts from any business enterprise regularly engaged in the business of providing revolving credit or installment accounts) or a member of such person's immediate family; (3) all real property located in the District of Columbia (and its actual location) in which such person or his or her spouse if such property is jointly titled, has an interest with a fair market value in excess of $ 5,000; provided, however, that this provision shall not apply to personal residences actually occupied by such person or his or her spouse; (4) all professional or occupational licenses issued by the District of Columbia government held by such person; (5) all gifts received in an aggregate value of $ 100 in a calendar year by such person from any business entity (including sole proprietorships, partnerships, and corporations) transacting any business with the District of Columbia government (including any of its agencies, departments, boards, commissions, or educational bodies); and (6) an affidavit stating that the subject candidate or office holder has not caused title to property to be placed in another person or entity for purposes of avoiding the disclosure requirements of this subsection. In addition to the foregoing information required to be disclosed pursuant to this subsection, the Mayor, the members of the Council, and the members of the Board of Education shall also disclose annually all outside income and honoraria, as defined in § 1-1108.01, accepted during the calendar year, as well as the identity of any client for whom the public official performed a service in connection with the public official's outside income if the client has a contract with the government of the District of Columbia or the client stands to gain a direct financial benefit from legislation that was pending before the Council during the calendar year. For the purpose of this subsection, "outside income" means any fixed payment at regular intervals for services rendered, self-employment, and royalties for any publication. For the purpose of this subsection, the words "immediate family" shall have the same meaning as in § 1-1106.01. The Board may, by rule, provide forms for the submission of the statement required by this subsection in aggregate categories. Information supplied pursuant to this subsection shall be modified by the filer within 30 days of any changes therein, and failure to inform the Board of such modifications is deemed to be a willful violation of this filing requirement. The Board may, on a case-by-case basis, provide for certain exemptions to this filing requirement which are deemed to be de minimis by the Board.

Seriously, two and a half pages? For a single section? With no subsections? My eyes glazed over by about the third line...

M.G.L. ch. 71 § 90

2008-12-15T11:43:00.001-05:00

A parent or guardian of twins or higher order multiples may, if the children are in the same grade level at the same school request that the children be placed in the same classroom or in separate classrooms....

What I find most fascinating about this law? It is effective starting tomorrow. I wonder what inspired it.

8 NYCRR § 108.7

2008-12-14T23:21:00.000-05:00

§ 108.7 Other instruction

(a) Instruction concerning the flag as a symbol of American life should not be limited to the observance of Flag Day. Before leaving the elementary school, each child should come to think of himself as a "maker of the flag" and each pupil who passes through the secondary school should be guided in sober thought as to the meaning of "liberty and justice for all."