COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
Statement of Introduction
DC ACHIEVES Establishment Act of 2023
January 27, 2023
Today, I am introducing the DC Advancing College Hopes for Immigrants’ Education and
Vocational Enrichment Scholarship (DC ACHIEVES) Establishment Act of 2023, along with
Councilmembers Charles Allen, Janeese Lewis George, Brianne K. Nadeau, Zachary Parker, Trayon
White, Sr., Kenyan R. McDuffie, and Brooke Pinto.
I am committed to ensuring that one’s zip code not determine an individual’s opportunity for
success, and this includes supporting all District of Columbia students in their pursuit of higher
education. To this end, I introduced the New Student Loan Borrower Bill of Rights Amendment
Act of 2023 to ensure that our students who pursue higher educations are equipped for the financial
challenges they may face. The DC ACHIEVES Establishment Act will further the District’s
commitment to meet all students’ needs.
The DC ACHIEVES Establishment Act of 2023 requires that the Mayor establish a non-lapsing
fund to support the DC ACHIEVES program. The program will provide grants to undocumented
District students for tuition and non-tuition expenses not covered by other non-loan assistance. DC
ACHIEVES participants must graduate from a District school, have attended school in the District
for grades 9-12, be enrolled in an institution of higher education on at least a half-time basis, be 24
years old or younger, and be from a family with an annual household taxable income of no more
than 200% of the median family income. District-based foster children attending school out of state
due to their placement, and students who were homeschooled are also eligible. Scholarships are
awarded on a sliding scale, and students must uphold District residency, maintain at least half-time
enrollment, and demonstrate satisfactory academic progress to sustain program eligibility.
In 2014, the Council unanimously passed the DC Promise Establishment Act, which would have
provided up to $37,500 in tuition and non-tuition assistance to District students who met income
and residency criteria. This law was never funded, in part because of the fear that funding DC
Promise, which included undocumented students among the eligible beneficiaries, would cause the
then-Republican-controlled Congress to eliminate the federally-funded DC Tuition Assistance Grant
(DC TAG) program. DC TAG provides resources to DC students comparable to those that state
governments offer to their students. However, because DC TAG and the District’s laws are subject
to Congressional approval, undocumented students who lack lawful status in the United States have
been excluded. Undocumented students who achieve success in high school and work to pursue
postsecondary education should not be denied the opportunity to continue their educational
pursuits.
Christina Henderson Committee Member
Councilmember, At-Large Hospital and Health Equity
Chairperson, Committee on Health Judiciary and Public Safety
Transportation and the Environment
COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
Higher education is often priced as if it were a luxury good. This is nearly always true for low-
income students who lack citizenship in the United States. I believe that the Council can and should
provide financial assistance to our high-achieving undocumented students. I look forward to
working with my colleagues on the Council, the Chairman, and others to pass this legislation which
will help the District’s undocumented students meet their goals of higher education.
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Councilmember Charles Allen Councilmember Christina Henderson 2
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Councilmember Janeese Lewis George Councilmember Brianne K. Nadeau 6
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Councilmember Zachary Parker Councilmember Trayon White, Sr. 10
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Councilmember Kenyan R. McDuffie Councilmember Brooke Pinto 15
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AN ACT 19
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
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To establish the DC Advancing College Hopes for Immigrants’ Education and Vocational 28
Enrichment Scholarship (ACHIEVES) program to provide grants to institutions of higher 29
education on behalf of District students without lawful status in the United States who are 30
ineligible for federal student tuition assistance, to establish a nonlapsing fund to support 31
the program, to establish eligibility criteria and conditions of participation, to establish 32
grant award amounts, and to require the Mayor to issue rules to implement this act. 33
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 35
act may be cited as the “DC ACHIEVES Establishment Act of 2023”. 36
Sec. 2. Definitions. 37
For the purposes of this act, the term: 38
(1) “Academic year” shall have the same meaning as provided in 34 CFR § 668.3. 39
(2) “Fund” means the DC ACHIEVES Fund established by section 4. 40 (3) “Home school student” means a student in the District who is participating or has 41
participated in a home schooling program that meets the requirements set forth in District law 42
and regulation. 43
(4) “Institution of higher education” means an educational institution that: 44
(A) Admits as regular students persons having a certificate of graduation 45
from a school providing secondary education, or the recognized equivalent of a secondary school 46
diploma; 47
(B) Is legally authorized within a state to provide a program of education beyond 48
secondary education; 49
(C) Provides: 50
(i) An educational program for which the institution awards a bachelor's 51
degree; 52
(ii) or provides not less than a 2-year program that is acceptable for full 53
credit toward such a degree; or 54
(iii) Not less than a one-year program of training to prepare students for 55
gainful employment in a recognized occupation; 56
(D) Is a public or private nonprofit institution; and 57
(E) Is accredited by a nationally recognized accrediting agency or association, or 58
if not so accredited, is an institution that has been granted pre-accreditation status by such an 59
agency or association that has been recognized by the Secretary of Education of the United 60
States Department of Education for the granting of pre-accreditation status, and the Secretary of 61
Education has determined that there is satisfactory assurance that the institution will meet the 62
accreditation standards of such an agency or association within a reasonable time. 63 (5) “Median Family Income” or “MFI” means the median family income, adjusted for 64
household size, for the Washington Metropolitan Statistical Area as set forth in the periodic 65
calculation provided by the United States Department of Housing and Urban Development. 66
(6) “Non-tuition expenses” means costs associated with attending an institution of higher 67
education, excluding tuition and fees, as determined by the Mayor through rulemaking. 68
(7) “Recognized equivalent of a secondary school diploma” means a general equivalency 69
degree or other such equivalent as determined by the Mayor through rulemaking. 70
(8) “Satisfactory academic progress” means maintaining an academic standing consistent 71
with the requirements for graduation, as determined by the institution of higher education; 72
provided, that an institution of higher education may waive this requirement based on undue 73
hardship because a student has: 74
(A) Experienced the death of a relative; 75
(B) A personal injury or illness; or 76
(C) Another special circumstance as determined by the institution of 77
higher education to warrant a waiver. 78
(9) “Student without lawful status in the United States” means a student who is not a 79
citizen of the United States and who is not eligible to receive federal student tuition loans and 80
grants due to their status. 81
Sec. 3. DC ACHIEVES program establishment; administration. 82
(a) There is established the DC ACHIEVES program (“program"). The purpose of the 83
program is to assist students without lawful status in the United States who are ineligible for 84
federal tuition loan and grant programs in obtaining post-secondary education or training by 85 providing grants to institutions of higher education to support the costs associated with tuition 86
and non-tuition expenses not covered by other non-loan assistance. 87
(b)(1) Except as provided in paragraph (2) of this subsection, the Mayor shall administer 88
the DC ACHIEVES program. 89
(2) If the Mayor determines that it would result in more efficient administration, the 90
Mayor may enter into a grant, contract, or cooperative agreement with another public entity or 91
with a private entity to administer the program; provided, that the entity selected has a minimum 92
of 5 years of experience in the administration of a college scholarship program. 93
Sec. 4. DC ACHIEVES Fund. 94
(a)(1) There is established as a special fund the DC ACHIEVES Fund (“Fund”), which 95
shall be administered by the Mayor in accordance with subsections (c) and (d) of this section. 96
(b) The Fund shall consist of revenue from the following sources: 97
(1) Annual appropriations, if any; and 98
(2) Grants, gifts, or subsidies from public or private sources. 99
(c) Except as provided in subsection (d) of this section, the Fund shall be used solely for 100
the purposes of this act. 101
(d) The Mayor may use not more than 5% of the funds deposited into the Fund to pay the 102
administrative expenses of the program for the fiscal year. 103
(e)(1) The money deposited in the Fund, and any interest earned, shall not revert to the 104
unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal 105
year, or at any other time. 106
(2) Subject to authorization in an approved budget and financial plan, any funds 107
appropriated in the Fund shall be continually available without regard to fiscal year limitation. 108 Sec. 5. Eligibility. 109
(a) An individual is eligible to participate in the DC ACHIEVES program if the 110
individual: 111
(1) On or after January 1, 2024: 112
(A) Has graduated from a District secondary school; 113
(B) Has obtained a recognized equivalent of a secondary school diploma; 114
(C) Is a home school student who has completed a secondary school 115
program; 116
(2) Except as provided in subsection (c) of this section, has attended a District 117
secondary school for grades 9 through 12; 118
(3) Has not already completed a bachelor’s degree at an institution of higher 119
education; 120
(4) Has been accepted for enrollment on at least a half-time basis into an 121
institution of higher education; 122
(5) Was domiciled in the District for not less than the 12 consecutive months 123
preceding the commencement of enrollment at an institution of higher education or the time of 124
application to the DC ACHIEVES program; and 125
(6) At the time of application to the program is: 126
(A) Domiciled in the District; 127
(B) 24 years old or younger; 128
(C) From a family with an annual household taxable income of no more 129
than 200% of the MFI; 130
(D) Is a student without lawful status in the United States; and 131 (E) intends to apply to an institution of higher education on at least a half-132
time basis; 133
(b) In addition to the eligibility requirements set forth in subsection (a) of this section, an 134
individual must begin at least half-time study at an institution of higher education within 3 135
calendar years of graduating from a secondary school in the District, obtaining the recognized 136
equivalent of a secondary school diploma, or, in the case of a home school student, completing a 137
secondary school program, excluding any period of service on active duty in the armed forces or 138
service under the Peace Corps Act, approved September 22, 1961 (75 Stat. 612; 22 U.S.C. § 139
2501 et seq.), or subtitle D of title I of the National and Community Service Act of 1990, 140
approved November 16, 1990 (104 Stat. 3150; 42 U.S.C. § 12501, note). 141
(c) An individual who receives a recognized equivalent of a secondary school diploma or 142
who is a home school student who has completed a secondary school program shall be exempt 143
from the requirement of subsection (a)(2) of this section; provided, that the Mayor may establish 144
through rulemaking an alternative eligibility requirement for these individuals in lieu of the 145
requirement set forth in subsection (a)(2) of this section. 146
(d) Notwithstanding the requirements of subsection (a)(1)(A), (2), (5) and (6)(A), an 147
individual in the District’s foster care system who was placed outside the District by the foster 148
care system who meets the eligibility requirements of subsection (a)(1)(B), (3), (4), (6)(B), (C), 149
and (D) of this section shall be deemed eligible to participate in the DC ACHIEVES program. 150
(e) Subject to the availability of funds, the Mayor may expand by rulemaking eligibility 151
for the program to include individuals not eligible under the terms of this section. 152
Sec. 6. Conditions of participation. 153 (a) As a condition of participation, the Mayor shall create an application that will 154
determine program eligibility. 155
(b) To maintain eligibility for the DC ACHIEVES program, an individual shall: 156
(1) Maintain at least half-time-status at an institution of higher education; 157
(2) Maintain satisfactory academic progress at the institution of higher education; 158
(3) Continue to be domiciled in the District of Columbia throughout attendance at 159
the institution of higher education; and 160
(4) Meet any other requirements determined by the Mayor to be necessary or appropriate, 161
as set forth in rulemaking. 162
Sec. 7. DC ACHIEVES grants. 163
(a) The maximum grant award available through the DC ACHIEVES program for an 164
individual from a family that has an annual household taxable income: 165
(1) Of no more than 80% of the MFI, shall be $16,500 for any academic year with 166
a lifetime total of not more than $82,500; 167
(2) Greater than 80% but less than or equal to 125% of the MFI, shall be $14,000 168
for any academic year with a lifetime total of not more than $70,000; and 169
(3) Greater than 125% of the MFI but less than or equal to the maximum eligible 170
income as set forth in regulations issued pursuant to this act, shall be $11,500 for any academic 171
year with a lifetime total of not more than $57,500. 172
(b) In addition to the maximum grant awards set forth in subsection (a) of this section, up 173
to $10,000 per academic year may be made available for a program participant who has been in 174
the District’s foster care system. 175 (c) No grant award shall be made available to an institution of higher education on behalf 176
of a DC ACHIEVES participant more than 6 years from the date the individual was first enrolled 177
in the institution of higher education. A DC ACHIEVES participant shall be eligible for DC 178
ACHIEVES grant award for no more than 5 academic years. 179
(d) The Mayor shall prorate program grant awards for students who attend an eligible 180
institution on less than a full-time basis; provided, that no grant award shall be available for a 181
student who attends an eligible institution of higher education on less than a half-time basis. 182
(e)(1) A DC ACHIEVES grant awarded on behalf of a DC ACHIEVES program 183
participant shall be provided directly to the institution of higher education the program 184
participant is attending to be used as follows: 185
(A) The DC ACHIEVES grant shall be used to pay costs associated with tuition, 186
fees, books and materials, room and board, and other non-tuition expenses that have not been 187
satisfied by any: 188
(i) Need-based or merit-based grants from the institution of higher 189
education; 190
(ii) Scholarships; 191
(iii) Tuition or fee waivers; 192
(iv) Tuition remission that could only be used for tuition; and 193
(v) Other non-loan assistance. 194
(2) If the participant’s eligible costs are satisfied by non-loan assistance, a DC 195
ACHIEVES grant shall not be available for the period financed by the non-loan assistance. 196
(f) A DC ACHIEVES grant shall, in all cases, supplement and not supplant non-loan 197
assistance that is provided to a DC ACHIEVES program participant. 198 (g) The Mayor, in accordance with regulations issued pursuant to this act, may reduce 199
grant awards if funds available to the program are insufficient to meet the award levels 200
established in this section and to prohibit an institution of higher education from receiving DC 201
ACHIEVES grants based on a pattern of academic failure of program participants. 202
Sec. 8. Adult education. 203
(a) In addition to the grant awards available pursuant to section 7, the Mayor shall: 204
(1) Establish a grant award program within the DC ACHIEVES program to 205
support post-secondary education and training opportunities for individuals who exceed the 206
maximum eligibility age established in section 5(a)(6)(B); and 207
(2) By January 1, 2024 establish eligibility criteria and award levels for this 208
program through rulemaking. 209
(b) The Mayor may use funds in the Fund to support grants awarded pursuant to this 210
section. 211
Sec. 9. Rules. 212
The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 213
approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 214
to implement the provisions of this act. 215
Sec. 10. Applicability. 216
This act shall apply upon the inclusion of its fiscal effect in an approved budget and 217
financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in 218
a certification published by the Council in the District of Columbia Register. 219
Sec. 11. Fiscal impact statement. 220 The Council adopts the fiscal impact statement in the committee report as the fiscal 221
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 222
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 223
Sec. 12. Effective date. 224
This act shall take effect following approval by the Mayor (or in the event of veto by the 225
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 226
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 227
24, 1973 (87 Stat. 813: D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 228
Columbia Register. 229