§ 38–781.02. Student retention and promotion.

(a) In accordance with the requirements of this chapter or as set forth in the DCMR, a DCPS student can be retained at any grade level.

(b)(1) Decisions regarding the promotion and retention of a DCPS student enrolled in pre-kindergarten through 8th grade shall be made by the student’s principal based upon the recommendation of the student’s teacher and in consideration of the promotion requirements set forth in the DCMR.

(2) A DCPS student enrolled in 9th grade through 11th grade shall be promoted if the student meets the promotion requirements as set forth in the DCMR.

(c) Notwithstanding subsection (b) of this section:

(1) A principal may:

(A) Retain any student who does not meet the promotion requirements set forth in the DCMR; and

(B) Promote a student who has failed to meet the promotion requirements set forth in the DCMR; provided, that the principal submits a written explanation justifying the decision to the Chancellor before the promotion is made; and

(2) No student with more than 30 unexcused absences in a school year shall be promoted unless the principal submits a written explanation justifying the decision to the Chancellor before the promotion is made.

(d) The Chancellor may develop separate promotion criteria for students who are enrolled in an English language learner program or receive special education services.