118 STAT. 120 PUBLIC LAW 108–199—JAN. 23, 2004 (D.C. Law 14–190; D.C. Official Code 4–204.51 et seq.)), in addition, $4,500,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Public School Facilities’’ and $13,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for School Improvement in the District of Columbia’’ shall be available for District of Columbia Public Schools: Provided, That notwith standing any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia Public School employees shall be a non negotiable item for collective bargaining purposes: Provided further, That this appropriation shall not be available to subsidize the edu cation of any nonresident of the District of Columbia at any District of Columbia public elementary or secondary school during fiscal year 2004 unless the nonresident pays tuition to the District of Columbia at a rate that covers 100 percent of the costs incurred by the District of Columbia that are attributable to the education of the nonresident (as established by the Superintendent of the District of Columbia Public Schools): Provided further, That notwithstanding the amounts otherwise provided under this heading or any other provision of law, there shall be appropriated to the District of Columbia Public Schools on July 1, 2004, an amount equal to 10 percent of the total amount provided for the District of Columbia Public Schools in the proposed budget of the District of Columbia for fiscal year 2005 (as submitted to Congress), and the amount of such payment shall be chargeable against the final amount provided for the District of Columbia Public Schools under the District of Columbia Appropriations Act, 2005: Provided further, That not to exceed $2,500 for the Superintendent of Schools shall be available from this appropriation for official reception and representation expenses: Provided further, That the District of Columbia Public Schools shall submit to the Board of Education by January 1 and July 1 of each year a Schedule A showing all the current funded positions of the District of Columbia Public Schools, their compensation levels, and indicating whether the positions are encumbered: Provided further, That the Board of Education shall approve or dis approve each Schedule A within 30 days of its submission and provide the Council of the District of Columbia a copy of the Schedule A upon its approval. (2) STATE EDUCATION OFFICE.—$38,752,000 (including $9,959,000 from local funds, $28,617,000 from Federal grant funds, and $176,000 from other funds), in addition, $17,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Resident Tuition Support’’ and $13,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for School Improvement in the District of Columbia’’ shall be available for the State Education Office: Provided, That of the amounts provided to the State Education Office, $500,000 from local funds shall remain available until June 30, 2005 for an audit of the student enrollment of each District of Columbia Public School and of each District of Columbia public charter school. (3) DISTRICT OF COLUMBIA PUBLIC CHARTER SCHOOLS.— $137,531,000 from local funds shall be available for District of Columbia public charter schools: Provided, That there shall
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