Chapter 2. Compulsory School Attendance and Expulsion.
Subchapter I. School Attendance.
Part A. Definitions.
§ 38–201. Definitions.
For the purposes of this subchapter, the term:
(1) Repealed.
(1A) "Chronic absenteeism" means the incidence of students missing more than 10% of school days, including excused and unexcused absences.
(2) “District” means the District of Columbia.
(2A) “Educational institution” means a school in the District of Columbia Public Schools system, a public charter school, an independent school, a private school, a parochial school, or a private instructor.
(2B) "Full school day" means the entirety of the instructional hours regularly provided on a single school day.
(3) “Minor” means a person who has not reached 18 years of age, pursuant to § 46-101.
(3A) “Parent” means a parent, guardian, or other person who resides in the District and who has custody or control of a minor 5 years of age or older.
(3B) “School-based student support team” means a team formed to support the individual student by developing and implementing action plans and strategies that are school-based or community-based, depending on the availability, to enhance the student’s success with services, incentives, intervention strategies, and consequences for dealing with absenteeism.
(4) “School year” means the period from the opening of regular school programs, typically in September, until the closing of regular school programs, typically in June.
Part B. Compulsory School Attendance.
§ 38–202. Establishment of school attendance requirements.
(a) Every parent, guardian, or other person, who resides permanently or temporarily in the District during any school year and who has custody or control of a minor who has reached the age of 5 years or will become 5 years of age on or before September 30th of the current school year shall place the minor in regular attendance in an educational institution during the period of each year when the public schools of the District are in session. This obligation of the parent, guardian, or other person having custody extends until the minor reaches the age of 18 years. For the purpose of this section placement in summer school is not required.
(b) Any minor who has satisfactorily completed the senior high school course of study prescribed by the Board and has been granted a diploma that certifies his or her graduation from high school, or who holds a diploma or certificate of graduation from another course of study determined by the Board to be at least equivalent to that required by the Board for graduation from the public senior high schools, shall be excused from further attendance at school.
(c) Any minor who has reached the age of 17 years may be allowed flexible school hours by the head of the educational institution in which the minor is enrolled provided he or she is actually, lawfully, gainfully, and regularly employed, but in no case shall he or she be excused entirely from regular attendance or excused to the extent that his or her timely graduation would be jeopardized or prevented.
(d) The Board shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to establish requirements to govern acceptable credit for studies completed at independent or private schools and private instruction, to govern the selection and appointment of appropriate staff members to carry out the provisions of this chapter under the direction of the Superintendent of Schools, pursuant to Chapter 6 of Title 1, and in respect to other matters within the scope of authority of the Board that relates to this subchapter.
§ 38–203. Enforcement; penalties.
(a) An accurate daily record of the attendance of all minors covered by § 38-202 and this section shall be kept by the teachers of each educational institution. These records shall be open for inspection at all times by the Board, the State Superintendent of Education, school attendance officers, or other persons authorized to enforce this subchapter.
(b) Repealed.
(c)(1) The absence of a minor covered by § 38-202(a) without valid excuse shall be unlawful.
(2) An absence of a minor covered by § 38-202(a) who is enrolled in a public school is deemed unexcused unless the minor's parent, guardian, or other person who has custody or control of the minor provides the school with a valid excuse for the minor's absence within 5 school days upon the minor's return to school.
(d) The parent, guardian, or other person who has custody or control of a minor covered by § 38-202(a) who is absent from school without a valid excuse shall be guilty of a misdemeanor.
(e) Any person convicted of failure to keep a minor in regular attendance in a public, independent, private, or parochial school, or failure to provide regular private instruction acceptable to the Board may be fined not less than $100 or imprisoned for not more than 5 days, or both for each offense.
(f) Each unlawful absence of a minor for 2 full-day sessions or for 4 half-day sessions during a school month shall constitute a separate offense.
(f-1) Repealed.
(f-2) Repealed.
(g) For the 1st offense, upon payment of costs, the sentence may be suspended and the defendant may be placed on probation.
(h) For any person convicted under this section, the courts shall consider requiring the offender to perform community service as an alternative to fine or imprisonment or both.
(i) Within 60 days after the end of a school year, each public, independent, private, or parochial school shall report to the Office of the State Superintendent of Education, and make publicly available the following data for each school or campus under its authority based on the preceding school year:
(A) The number of minors, categorized by grade, or equivalent grouping for ungraded schools, who had unexcused absences for:
(i) One to 5 days;
(ii) Six to 10 days;
(iii) Eleven to 20 days; and
(iv) Twenty-one or more days;
(A-i) The work of the school-based student support teams in reducing unexcused absences, including:
(i) The number of students who were referred to a school-based student support team;
(ii) The number of students who met with a school-based student support team;
(iii) A summary of the action plans and strategies implemented by the school-based student support team to eliminate or ameliorate unexcused absences; and
(iv) A summary of the services utilized by students to reduce unexcused absences;
(v) A summary of the common barriers to implementing the recommendations of the school-based student support team;
(B) The number of minors, categorized by grade, or equivalent grouping for ungraded schools, that the school reported to the Child and Family Services Agency pursuant to section § 4-1321.02(b)(1)(B);
(B-i) The number of minors categorized by grade, or equivalent grouping for ungraded schools, that the school referred to the Court Social Services Division of the Family Court of the Superior Court of the District of Columbia for truancy; and
(C) The policy on absences, including defined categories of valid excuses, that it used.
(j) By August 1, 2012, the Mayor shall develop, through rulemaking, appropriate enforcement mechanisms to ensure that each school, principal, and teacher is in full compliance with the requirements of this subchapter and any regulations issued pursuant to this subchapter.
(k) By November 30 of each year, the Office of the State Superintendent of Education shall publicly report on the state of absenteeism in the District based on data from the preceding school year, including an analysis of truancy and chronic absenteeism by school or campus and the impact of current laws on improving school attendance.
§ 38–204. Census of minors.
The Board, or its designee, shall conduct annually, or as frequently as may be found necessary or desirable, a complete census of all minors 3 years of age or more who permanently or temporarily reside in the District. The census record shall be amended from day to day as changes of residence occur among minors within the age group, as other persons come within or leave the age group, and as other persons within the age group become residents of or leave the District. The census record of minors shall give the full name, address, sex, and date of birth of each minor, the school attended by him or her and, if the minor is not at school, the name and address of his or her employer, if any, and the name, address, telephone numbers, if any, and occupation of each parent or guardian.
§ 38–205. Report of enrollments and withdrawals.
By October 5 of each year, each public, independent, private, and parochial school shall report to the Office of the State Superintendent of Education the name, address, sex, and date of birth of each minor who resides permanently or temporarily in the District who is currently enrolled in their school. By the 5th of every month thereafter, each school shall report any changes in enrollment, including withdrawals, to the Office of the State Superintendent of Education.
§ 38–206. Penalty for failure to provide correct information.
Any parent, guardian, custodian, principal, or teacher of a minor who has reached the age of 3 years who willfully neglects or refuses to provide the information required by §§ 38-202 through 38-206, or who knowingly makes any false statement, shall be guilty of a misdemeanor.
§ 38–207. Authority of police over truant child.
(a)(1) A law enforcement officer who has reasonable grounds to believe, based on the minor's age and other factors, that a minor is truant from any public, independent, private, or parochial school on a day and during the hours when the school is in session shall take that minor into custody and deliver the minor to the public, independent, private, or parochial school where the minor is presently enrolled, so long as the school is located in the District.
(2) If the minor is not currently enrolled at a public, independent, private, or parochial school, the law enforcement officer shall take the minor to the District of Columbia Public Schools placement office.
(3) If a minor is enrolled in a public, independent, private, or parochial school located within the District of Columbia, the educational institution shall receive that minor from a law enforcement officer during the hours when the school is in operation.
(b) On the request of a person who has reached the age of 18 years, graduated from high school, or received a general equivalency diploma, and who has previously been taken into custody pursuant to subsection (a) of this section, the Metropolitan Police Department shall seal all records relating to custody authorized by subsection (a) of this section.
(c) Within 2 business days of a minor student’s 10th unexcused absence during a school year, the educational institution shall send the minor’s parent:
(1) Information from the Chief of Police about the compulsory attendance requirements and criminal penalties for violations of this chapter; and
(2) A letter notifying the parent that he or she may be in violation of the school attendance requirements under this chapter and may be subject to prosecution.
§ 38–208. Truancy procedures; inter-agency coordination.
(a) Repealed.
(b) Within 2 business days of the 10th unexcused absence, the educational institution shall notify the Office of the State Superintendent of Education which shall provide the parent with the truancy prevention resource guide created pursuant to § 38-2602(b)(19); provided, that the parent has not received the truancy prevention resource guide before the 10th unexcused absence.
(c) In addition to the requirements set forth in subsection (b) of this section:
(1)(A) Beginning in the 2016-2017 school year, the educational institution shall refer a minor student 5 years of age through 13 years of age to the Child and Family Services Agency pursuant to § 4-1321.02(b)(1)(B) no later than 2 business days after the accrual of 10 unexcused full school day absences within a school year.
(B) Beginning in the 2016-2017 school year, the educational institution shall refer a minor student 14 years of age through 17 years of age to the Court Social Services Division of the Superior Court of the District of Columbia and to the Office of the Attorney General Juvenile Section no later than 2 business days after the accrual of 15 unexcused full school day absences within a school year.
(C) The educational institution shall have discretion with regard to the referral requirements set forth in subparagraphs (A) and (B) of this paragraph if a minor student accrues the 10th or 15th unexcused absence, respectively, within the final 10 school days of a school year.
(2) Within 3 business days of the Office of the Attorney General, Juvenile Section receiving written notification pursuant to paragraph (1)(B) of this subsection, the Office of the Attorney General shall send the minor student’s parent a letter notifying the parent that he or she may be subject to prosecution for violation of the school attendance requirements under this subchapter.
(d) By July 1 of each year, the State Superintendent of Education shall send written notice to each educational institution outlining the attendance and reporting requirements outlined in this subchapter.
§ 38–209. Reporting requirements.
By July 15 of each year, beginning in 2014, the Office of the Attorney General shall submit to the Mayor and the Secretary to the Council a truancy status report on the preceding school year, which shall include the number of:
(1) Referrals it received from each educational institution;
(2) Cases it filed pursuant to this subchapter, and the outcome of each;
(3) Child-in-need of supervision cases filed pursuant to this subchapter, and the outcome of each; and
(4) Students who were enrolled in a court diversion program, or other diversion program pursuant to this subchapter.
Part C. Administration.
§ 38–211. Department of School Attendance and Work Permits — Creation. [Repealed]
Repealed.
§ 38–212. Department of School Attendance and Work Permits — Director; appointments. [Repealed]
Repealed.
§ 38–213. Court jurisdiction.
The Family Division of the Superior Court is hereby given jurisdiction in all cases arising under this subchapter.
Subchapter I-A. Attendance Zone Boundaries.
§ 38–221. Attendance zone boundaries; establishment, modification, alteration.
(a) Except as required due to a school closure or a consolidation of schools, upon Dec. 24, 2013, notwithstanding any other law or regulation, no approved establishment, modification, or alteration of any attendance zone boundary shall be implemented, or in any manner initiated, until the 2015-2016 school year or with less notice than a full school year to the parent or guardian of each affected student, whichever is greater; provided, that nothing in this section shall prohibit the Chancellor from proposing or implementing changes to school feeder patterns that would result in additional options in next-level schools for a feeder school.
(b) In calendar year 2023 and every 10 years thereafter, the Mayor shall complete a comprehensive review of District of Columbia Public Schools ("DCPS") student assignment policies. The review shall include and examination of and recommendations regarding the following:
(1) Student assignments to schools by right based on DCPS attendance zones and feeder pathways, including:
(A) Attendance zone boundaries;
(B) School feeder patterns; and
(C) By right admission to a zoned school for preK-3 and preK-4 students;
(2) Whether there is adequate capacity in zoned DCPS facilities, including whether there is adequate capacity at each of the following grade levels:
(A) Early childhood;
(B) Elementary school;
(C) Middle school; and
(D) High school; and
(3) Whether there is equitable access among District students to high-quality DCPS schools, including:
(A) Standards for out-of-boundary minimums;
(B) Placement priorities for students designated at-risk;
(C) Specialized and selective programs and schools;
(D) Modes of transportation by which students travel to school; and
(E) Other factors related to equitable access as considered appropriate by the Deputy Mayor for Education.
Subchapter II. Expulsion of Students.
Part A. General.
§ 38–231. Expulsion of students who bring weapons into public schools.
Absent extenuating circumstances, as determined on a case-by-case basis by the Superintendent of Schools, and consistent with the Individuals With Disabilities Education Act, approved October 30, 1990 (104 Stat. 1141; 20 U.S.C. 1400 et seq.), any student who brings a weapon into a District of Columbia Public School shall be expelled for not less than one year.
§ 38–232. Reference to criminal justice or juvenile delinquency system.
Pursuant to the Gun-Free Schools Act of 1994, approved October 20, 1994 (108 Stat. 3908; 20 U.S.C. 8921 et seq.) [repealed, see now 20 U.S.C. § 7151 ] the Superintendent of Schools shall refer to the criminal justice or juvenile delinquency system, simultaneous with expulsion, any student who is expelled for bringing a weapon into a District of Columbia Public School.
§ 38–233. Alternative educational programs.
The Board of Education shall provide to any student who is expelled from school in accordance with this subchapter an alternative educational program at the D.C. Street Academy, at another existing alternative educational program, or at any alternative educational program that may be established in the future. Not later than 90 days after the effective date of this subchapter:
(1) The Mayor and the Board of Education shall submit a report to the Council delineating a comprehensive plan for providing alternative educational services to a student who has been expelled from a District of Columbia Public School setting.
(2) The comprehensive plan shall include a description of the alternative education services to be provided to an expelled student, each location where the alternative education services shall be provided, and the estimated annual cost of providing the alternative education services.
§ 38–234. Definitions.
(a) For the purposes of this subchapter, the term “weapon” means a firearm and includes:
(1) Any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive:
(2) The frame or receiver of any weapon described in this subsection;
(3) Any firearm muffler or firearm silencer; or
(4) Any destructive device; the term “destructive device” means:
(A) Any explosive, incendiary, or poison gas;
(B) Bomb;
(C) Grenade;
(D) Rocket having a propellant charge of more than 4 ounces;
(E) Missile having an explosive or incendiary charge of more than a 1/4 ounce;
(F) Mine; or
(G) Any similar device.
(5) Any type of weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 an inch in diameter; and
(6) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraphs (e) and (f) of this paragraph and from which a destructive device may be readily assembled.
(b) The term “weapon” shall not include:
(1) An antique firearm;
(2) Any device which is neither designed nor redesigned for use as a weapon; or
(3) Any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.
Part B. Report. [Recodified]
§ 38–235. Suspension and expulsion report. [Recodified]
Recodified as § 38-236.08.
§ 38–236. Annual reporting requirements. [Recodified]
Recodified as § 38-236.09.
Part C. Student Discipline.
§ 38–236.01. Definitions.
For the purposes of this part, the term:
(1) "Bodily injury" means a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.
(2) "Community-based organization" shall have the same meaning as provided in § 38-271.01(1A).
(3) "Disciplinary unenrollment" means the expulsion or involuntary transfer of a student from a school.
(4) "Emergency removal" means the immediate out-of-school suspension or disciplinary unenrollment of a student based on the school's reasonable belief that the student's presence poses an immediate and continuing danger to other students or school staff.
(5) "Emotional distress" means mental suffering or distress that requires more than trivial treatment or counseling.
(6) "Exclusion" means the removal of a student from the student's daily class schedule for disciplinary reasons and includes a suspension or a disciplinary unenrollment.
(7) "Expulsion" means the removal of a student from the student's school of enrollment for disciplinary reasons for the remainder of the school year or longer, in accordance with local education agency policy.
(8) "In-school suspension" means temporarily removing a student from the student's regular class schedule as a disciplinary consequence, during which time the student remains on school grounds under the supervision of school personnel who are physically in the same location as the student.
(9) "Involuntary dismissal" means the removal of the student from school attendance for less than 1/2 of a school day for disciplinary reasons, during which time the student is not under the supervision of school personnel and is not allowed on school grounds.
(10) "Involuntary transfer" means the removal of a student from the student's school of enrollment for disciplinary reasons for the remainder of the school year, or longer, and the student's enrollment in another school within the same local education agency, in accordance with local education agency policy.
(10A) "Law enforcement officer" means:
(A) An officer or member of the Metropolitan Police Department or any other police force operating in the District;
(B) An on-duty, civilian employee of the Metropolitan Police Department;
(C) An investigative officer or agent of the United States;
(D) An on-duty, licensed special police officer or security guard;
(E) An on-duty, licensed campus police officer;
(F) An on-duty employee of the Department of Corrections or Department of Youth Rehabilitation Services;
(G) An on-duty employee of the Pretrial Services Agency, Court Services and Offender Supervision Agency, or Superior Court Family Court Social Services Division; or
(H) An employee of the Office of the Inspector General who, as part of their official duties, conducts investigations of alleged felony violations.
(11) "Local education agency" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.
(12) "OSSE" means the Office of the State Superintendent of Education established by § 38-201.
(13) "Out-of-school suspension" means the temporary removal of a student from school attendance to another setting for disciplinary reasons, during which time the student is not under the supervision of the school's personnel and is not allowed on school grounds.
(A) The term "out-of-school suspension" includes an involuntary dismissal.
(B) For students with disabilities, the term "out-of-school suspension" includes a removal in which no individualized family service plan or individualized education plan services are provided because the removal is 10 days or fewer as well as removals in which the student continues to receive services according to the student's individualized family service plan or individualized education plan.
(14) "Parent" means a parent, guardian, or other person who has custody or control of a student enrolled in a school in a local education agency.
(15) "Referral to law enforcement" means an action by school personnel to report a student to a law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during off-campus school activities, or while taking school transportation.
(16) "School-based intervention" means temporarily removing a student from the student's regular class schedule for the purpose of providing the student with school-based targeted supports, such as behavioral therapy, in response to student conduct that would otherwise warrant an in-school suspension.
(17) "School-related arrest" means an arrest of a student that occurred, or was based on conduct that occurred, at a District of Columbia Public School or public charter school, on its grounds, within a school vehicle or other form of transportation, or at a school-sponsored activity.
(18) "Student with a disability" means a student who qualifies as a child with a disability under section 602(3) of the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2652; 20 U.S.C. § 1401(3)).
(19) "Suspension" means an in-school suspension or an out-of-school suspension.
(20) "Willful defiance" means disrupting school activities or intentionally defying the valid authority of school staff.
§ 38–236.02. Application.
This part shall apply to the District of Columbia Public Schools and public charter schools, including the schools' pre-kindergarten programs.
§ 38–236.03. Establishment of school discipline policies.
(a) Local education agencies shall foster positive school climates that engage all students in learning.
(b) Local education agencies shall adopt, in consultation with school personnel, students, and parents, school discipline policies to promote the safety and well-being of students and staff. School discipline policies shall:
(1) Set high expectations for student behavior and adopt an instructional and corrective approach to school discipline;
(2) Permit out-of-school suspension or disciplinary unenrollment as a disciplinary action only to ensure safety and in response to the most serious offenses, as set forth in school policy;
(3) Avoid policies requiring automatic suspension or disciplinary unenrollment for particular behaviors unless otherwise required by law;
(4) Include a plan for continuity of education for any student subject to a suspension, including a mechanism for modifications to the plan to meet the needs of an individual student, as necessary, to facilitate the student's return to the classroom, and appropriate measures to ensure the student:
(A) Continues the student's studies during the suspension and receives all appropriate assignments for the duration of the suspension;
(B) Can communicate with school personnel regarding academic work; and
(C) Upon returning to school, has the opportunity to make up any school work missed during the suspension if the school work cannot be completed by the student during the student's suspension;
(5) Require school personnel to seek and facilitate the involvement of parents in response to an incident resulting in a disciplinary action, particularly with regard to the plan for continuity of education, to the degree that a parent is able to participate;
(6) Identify conduct or categories of conduct, by severity of offense, including conduct that constitutes causing, attempting, or threatening bodily injury or emotional distress, for which a student may be disciplined;
(7) Identify graduated levels of disciplinary action for misbehavior through a list of options available to teachers and administrators for each level of misconduct; provided, that such a list need not be exhaustive;
(8) Describe the local education agency's in-school and out-of-school suspension practice and policy;
(9) Promote disciplinary actions that are individualized, fair, equitable, developmentally appropriate, proportional to the severity of the student's offense, and, if appropriate, restorative;
(10) Provide that school personnel shall consider whether student behavior can be safely and appropriately handled through other disciplinary action before making referrals to law enforcement or seeking school-related arrests in response to student behavior;
(11) Outline procedures for communicating with students and parents regarding disciplinary actions; and
(12) Articulate clearly the due process rights and procedures available to students and parents.
(c) The school discipline policy of a local education agency that operates a pre-kindergarten program shall be consistent with the requirements of § 38-273.03.
(d) A school, or local education agency, as appropriate, shall provide school discipline policies to students and parents and shall provide students and parents with explanations of the policies, including explanations of expectations, rights, and responsibilities of students and parents under the policies. The school, or local education agency, as appropriate, shall make the school discipline policy publicly available, including in a conspicuous place on the school and local education agency's website.
(e) Local education agencies shall proactively evaluate and update school discipline policies and practices to ensure fairness and equity, including by using data and feedback from students, families, and school personnel to identify, reduce, and eliminate discriminatory discipline practices or outcomes and unintended consequences.
§ 38–236.04. Limitations on exclusion as a disciplinary action.
(a) Unless otherwise required by federal or District law:
(1) Beginning in school year 2019-2020, for students in grades kindergarten through 5, and school year 2020-2021 for students in grades 6 through 8, no student may be subject to an out-of-school suspension or disciplinary unenrollment, unless a school administrator determines, consistent with school policy, that the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person, including behavior that happens off school grounds;
(2) Beginning in school year 2020-2021, no student in grades 9 through 12, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for:
(A) Violating local education agency or school dress code or uniform rules;
(B) Willful defiance; or
(C) Behavior that happens off school grounds and not as part of a school-sponsored activity, unless the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person.
(b) No student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension for longer than:
(1) Five consecutive school days for any individual incident in grades kindergarten through 5;
(2) Ten consecutive school days for any individual incident in grades 6 through 12; or
(3) Twenty cumulative school days during an academic year regardless of grade, unless:
(A) The head of a local education agency provides a written justification to the student and parent describing why exceeding the 20-day limit is a more appropriate disciplinary action than alternative responses; or
(B) The student's conduct necessitated an emergency removal, and the head of the local education agency provides a written justification for the emergency removal to the student and parent.
(c) No student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for an unexcused absence or a late arrival to school; provided, that a student may be unenrolled from a local education agency if the student has accumulated 20 or more consecutive full-school-day unexcused absences.
(d) No student subject to a suspension may be denied the right to continue to access and complete appropriate academic work or to earn credit toward promotion or graduation during a suspension.
(e) The return of a student to school upon conclusion of an out-of-school suspension shall not be made contingent on a parent accompanying the student, attending a conference, or otherwise being present at the school.
(f) Notwithstanding whether a school or local education agency states the reasoning for the removal from school or prohibition from returning to school, no student may be removed from school or prohibited from returning to school for disciplinary reasons, unless the student is subject to an out-of-school suspension or disciplinary unenrollment.
(g) For purposes of due process, a suspension of 6 school days or more shall be considered a long-term suspension.
(h) Repealed.
§ 38–236.05. Exclusion of students with disabilities.
(a) School administrators shall take special consideration regarding the exclusion of a student with a disability.
(b) All of a student's disabilities, as defined in section 3(1)(A) and (B) of the Americans with Disabilities Act, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. § 12102(1)(A)-(B)), of which the school had knowledge shall be considered in a manifestation determination review conducted pursuant to section 615(k)(1)(E) of the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1415(k)(1)(E)).
§ 38–236.06. Support for positive school climate and trauma-informed educational settings.
(a) The Office of the State Superintendent of Education shall provide an array of supports to assist local education agencies and schools to achieve the goals of §§ 38-236.03 through 38-236.05 and to adopt trauma-informed disciplinary practices. The OSSE shall provide local education agencies and schools with, among other supports, the following:
(1) Guidance and materials that inform local education agencies and school communities about developments in the fields of school climates and behavioral management;
(2) Regular, high-quality professional development opportunities and technical assistance, and recommendations for further instruction outside of these opportunities, for local education agency and school personnel on:
(A) Trauma and chronic stress, their effects on students and learning, and effective responses;
(B) Classroom management, positive behavioral interventions, and fostering positive school climate;
(C) Disciplinary approaches that utilize instruction and correction;
(D) Restorative practices and other evidence-based or promising behavioral interventions;
(E) Implementation of high-quality functional behavior assessments, behavioral intervention plans, and manifestation determination reviews, as those terms are used in the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2745; 20 U.S.C. § 1400 et seq.); and
(F) Implicit bias and culturally responsive corrective action techniques;
(3) Opportunities for local education agencies and schools to share promising practices regarding the topics in paragraph (2) of this subsection; and
(4) Technical assistance and supportive services to assist local education agencies and schools, as needed and in accordance with policies OSSE adopts, in reducing the use of exclusion by addressing the causes of student misconduct and the development and revision of disciplinary plans.
(b) The OSSE shall collaborate with other government agencies, local education agencies and schools, and postsecondary educational institutions to facilitate the provision of postsecondary degree or certificate programs covering the topics described in subsection (a)(2) of this section, including the identification or creation of a trauma-informed educator certificate program.
(c) For the purpose of providing local education agencies and schools the services set forth in subsection (a) of this section, the OSSE may:
(1) Award a contract or grant to one or more nonprofit organizations;
(2) Award contracts or competitive or formula grants to local education agencies, schools, or partnerships developed among schools or with nonprofit organizations;
(3) Establish a memorandum of understanding with the Department of Behavioral Health or other District agency; or
(4) Any combination of paragraphs (1) through (3) of this subsection.
(c-1) Beginning October 1, 2019, and consistent with the recommendations in the Report of the Task Force on School Mental Health submitted March 26, 2018, the Department of Behavioral Health shall provide local education agencies and schools with non-instructional personnel who have specialized expertise in behavioral health and trauma-informed educational settings to provide local education agencies and schools with broader mental health services, including reducing the use of exclusion by addressing the causes of student misconduct and being available for consultation regarding the development and revision of disciplinary plans.
(d) Within 2 years after August 25, 2018, and every 5 years thereafter, the OSSE shall submit to the Mayor and the Council an evaluative report on local education agency and school implementation of practices to promote school safety and reduce the use of exclusion, which shall:
(1) Be based upon rigorous research techniques, including quantitative and qualitative methods;
(2) Draw on the information maintained and reported pursuant to § 38-236.09, as well as other sources, with a particular focus on:
(A) Ensuring the fidelity of data reporting;
(B) Unanticipated consequences of the disciplinary policies and practices adopted pursuant to this part;
(C) Barriers schools face in implementing the policies and practices required pursuant to this part; and
(D) Effective approaches utilized by schools to avoid reliance on exclusion and reduce disparities in its use;
(3) Provide specific recommendations for further action by the Council, executive branch, and schools; and
(4) Provide suggestions for further research.
§ 38–236.07. School Safety and Positive Climate Fund.
(a) There is established as a special fund the School Safety and Positive Climate Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education in accordance with subsection (c) of this section.
(b) Revenue from any annual appropriation shall be deposited into the Fund.
(c) Money in the Fund shall be used solely to support the activities described in § 38-236.06.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
§ 38–236.08. Suspension and expulsion report.
Within 180 calendar days of September 19, 2013, the Office of the State Superintendent of Education shall submit to the Mayor and the Secretary to the Council a report with findings and recommendations to aid each educational institution to eliminate out-of-school suspensions and expulsions, except for those students who pose a reasonable threat of death or serious bodily harm to themselves or others or violate part A of this subchapter [§ 38-231 et seq.].
§ 38–236.09. Annual reporting requirements.
(a) Each local education agency and entity operating a publicly funded community-based organization shall maintain data for each student that includes:
(1) Demographic data including:
(A) The campus attended by the student;
(B) The student’s grade level;
(C) The student’s gender identification;
(D) The student’s race;
(E) The student’s ethnicity;
(F) Whether the student receives special education services;
(G) Whether the student is classified as an English language learner; and
(H) Whether the student is considered at-risk as defined in § 38-2901(2A);
(2) Discipline data including:
(A) Total number of in-school suspensions, out-of-school suspensions, involuntary dismissals, and emergency removals experienced by the student during each school year;
(B) Total number of days excluded from school;
(C) Whether the student was referred to an alternative education setting for the duration of a suspension, and whether the student attended;
(D) Whether the student was subject to a disciplinary unenrollment during the school year;
(E) Whether the student voluntarily withdrew or voluntarily transferred from the school during the school year;
(F) Whether the student was subject to referral to law enforcement;
(G) Whether the student was subject to school-related arrest and the reason for involving law enforcement officers;
(G-i) The type and count of weapons or controlled substances recovered during a school-related arrest; and
(H) A description of the conduct that led to or reasoning behind each suspension, involuntary dismissal, emergency removal, disciplinary unenrollment, voluntary withdrawal or transfer, referral to law enforcement, school-related arrest, recovery of weapons, recovery of controlled dangerous substances, and, for students with disabilities, change in placement; and
(3) Special education services data, including whether a student received during the school year:
(A) A functional behavioral assessment;
(B) An updated behavior improvement plan; or
(C) A manifestation determination review, including the number of suspension days that triggered the review, whether the suspension days were cumulative, and the outcome of the review.
(b) By August 15 of each year, each local education agency or entity operating a publicly funded community-based organization shall submit a report to the Office of the State Superintendent of Education disaggregated by each of the demographic categories identified in subsection (a)(1) of this section. The report shall include:"
(1) The students suspended for:
(A) At least one and no more than 5 days, and whether the suspension was an in-school suspension or an out-of-school suspension;
(B) At least 6 and no more than 10 days and whether the suspension was an in-school suspension or an out-of-school suspension;
(C) More than 10 days and whether the suspension was an in-school suspension or an out-of-school suspension;
(2) The students who received more than one suspension in a school year and whether the suspensions were in-school or out-of-school suspensions;
(3) The students who were referred to an alternative educational setting for the course of a suspension;
(4) The students who received a school-based intervention rather than an in-school suspension, and a description of the school-based intervention;
(5) The students involuntarily dismissed:
(A) At least once and no more than 5 times;
(B) At least 6 times and no more than 10 times;
(C) More than 10 times;
(6) The students subject to emergency removals;
(7) The students subject to a disciplinary unenrollment, disaggregated by type of disciplinary unenrollment;
(8) The students who voluntarily withdrew or transferred;
(9) The students subject to referral to law enforcement;
(10) The students subject to school-related arrest;
(11) A description of the misconduct that led to or reasoning behind each suspension, involuntary dismissal, emergency removal, disciplinary withdrawal, voluntary withdrawal or transfer, referral to law enforcement, school-based arrest, and, for students with disabilities, change in placement;
(12) Whether the student received a functional behavior assessment, an updated behavioral improvement plan, or a manifestation determination review, as those terms are used in the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2745; 20 U.S.C. § 1400 et seq.), and the outcomes of those actions; and
(13) Whether the student was subject to suspensions exceeding the time limits described in § 38-236.04(b), and a summary of the written justification provided by the local education agency for those disciplinary actions.
(c)(1) Each local education agency or entity operating a publicly funded community-based organization shall provide the requested data in subsection (b) of this section in a form and manner prescribed by the Office of the State Superintendent of Education.
(2) The OSSE shall collaborate with local education agencies and publicly funded community-based organizations to develop consistent definitions for the types of misconduct and explanations of reasoning required to be maintained or reported pursuant to subsections (a)(2)(H) and (b)(11) of this section.
(d) By December 15 of each year, beginning in 2016, the Office of the State Superintendent of Education shall publicly report on the data provided by local education agencies and community-based organizations in subsection (b) of this section during the preceding school year, including a relevant trend analysis. The report shall include a trend analysis based on available data, including data drawn from the Youth Risk Behavior Survey, school climate surveys, and any other available sources, of the exclusion of students who identify as lesbian, gay, bisexual, questioning of the student's sexual orientation, transgender, gender nonconforming, or questioning of the student's gender identity or expression.
(e) Repealed.
(f) The OSSE, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
Subchapter III. Truancy and Dropout Prevention.
§ 38–241. Truancy and Dropout Prevention Program.
(a) Subject to the availability of appropriations, the District of Columbia Board of Education, or its successor, and the District of Columbia Public Schools shall offer a Truancy and Dropout Prevention Program for students who are enrolled in the District of Columbia Public Schools system. The programs should be implemented on a full-time basis, work with local schools and parents, and provide resources that will help reduce absences and unexcused absences, and reduce dropout and increase retention rates.
(b) The program shall develop a supportive relationship with the Metropolitan Police Department.
(c) The program shall be available for students who are enrolled in grades K-12 and for students who are enrolled in ungraded classes in elementary, middle or junior high, and high schools.
(d) Notwithstanding any other law, nothing in this section shall be construed to create an entitlement to a truancy or dropout prevention program for any student.
Subchapter IV. Students' Right to Home or Hospital Instruction.
§ 38–251.01. Definitions.
For the purposes of this subchapter, the term:
(1) "Health condition" means a physical or mental illness, injury, or impairment that prevents a student from participating in the day-to-day activities typically expected during school attendance.
(2) "Home or hospital instruction" means academic instruction and support provided to a student participating in a home and hospital instruction program.
(3) "Home and hospital instruction program" means a program that provides instruction and support to students who have been or are anticipated to be absent, on a continuous, partial, or intermittent basis, from their school of enrollment for 10 or more consecutive or cumulative school days during a school year due to a health condition.
(4) "Home and hospital instruction policy" means a public document written by an LEA that:
(A) Sets forth the process for applying for home or hospital instruction and appealing a denial of eligibility; and
(B) Includes the required contents of a medical certification of need.
(5) "IDEA" means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.), and its implementing regulations.
(6) "IEP" means an Individualized Education Plan, which is a written plan that specifies special education programs and services to be provided to meet the unique educational needs of a child with a disability, as required under section 614(d) of IDEA (20 U.S.C. § 1414(d)).
(7) "LEA" means local education agency, which is the District of Columbia Public School system or any individual or group of public charter schools operating under a single charter in the District.
(8) "Medical certification of need" means a written statement signed by a licensed physician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician's assistant that:
(A) Certifies that a student has been diagnosed with a health condition and explains how the health condition has caused or is anticipated to cause the student to be absent, on a continuous, partial, or intermittent basis, from the student's school of enrollment for 10 or more consecutive or cumulative school days during a school year;
(B) Contains a recommendation that the student receive home or hospital instruction, to the extent permitted by the student's health condition;
(C) States the anticipated duration of the student's health condition; and
(D) States whether the student's health condition is anticipated to cause continuous, partial, or intermittent absence from school.
(9) "Medical recertification of need" means a medical certification of need verifying the continued need for home or hospital instruction.
(10) "OSSE" means the Office of the State Superintendent of Education established by § 38-2601.
(11) "Parent" means a parent, guardian, or other person who has custody or control of a student enrolled in a school or in an LEA, a student who is 18 years or older, or an emancipated minor.
(12) "Section 504" means section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and its implementing regulations.
(13) "Section 504 Plan" means a written plan that specifies the accommodations and services provided to a student pursuant to Section 504.
§ 38–251.02. Home and hospital instruction program.
(a) Beginning in school year 2022-2023, every LEA shall adopt and implement a home and hospital instruction program. Such a program shall:
(1) Be designed to promote a participating student's academic progress, allow the student to stay current with classroom instruction in core subjects to the greatest extent possible, foster coordination between the student's classroom teachers and the home or hospital instructors, and facilitate the rapid reintegration into classroom instruction when the student returns to school; and
(2) Ensure coordination of home or hospital instruction with any special education services, IEP, or Section 504 plan the student receives or is eligible to receive and the continued provision of any special education and related services and accommodations to the student.
(b) Every LEA shall designate at least one employee to manage the LEA's home and hospital instruction program.
(c) Nothing in this subchapter shall alter an LEA's obligations under IDEA, Section 504, or the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.).
§ 38–251.03. Home or hospital instruction approval process.
(a)(1) A parent of a student may submit an oral or written request for home or hospital
instruction to the LEA in which the student for whom the parent is requesting the instruction is enrolled; provided, that a request may not be granted until the parent submits a written application consistent with the requirements of this subsection.
(2) Upon receipt of a request for home or hospital instruction from a parent of a student enrolled in the LEA, the LEA shall document the request no later than 2 school days following receipt and shall provide information to the parent explaining the process for submitting a written application for home or hospital instruction and obtaining a medical certification of need.
(3) A student shall be approved for home or hospital instruction when the LEA in which the student is enrolled receives a completed written application and medical certification of need. An LEA may deny an application for home or hospital instruction only in the event that the application or a medical certification of need is missing or incomplete. Nothing in this provision shall prohibit an LEA, as part of its review of the application and medical certification, from proposing accommodations to allow the student to remain in school; provided, that the medical professional signing the medical certification of need shall agree in writing that such accommodations meet the medical needs of the student and permit in-school instruction.
(4) Upon approval of an application for home or hospital instruction pursuant to this subsection, the LEA shall commence the delivery of such instruction in accordance with § 38-251.06. During the provision of such instruction, the LEA may make reasonable requests for information concerning the student's continuing medical need for home or hospital instruction and work with a student's parent to develop accommodations or measures that would permit the student to return to school.
(5) OSSE shall promulgate regulations to define what constitutes a completed application and medical certification of need and any other regulations that may be necessary to ensure due deference to the medical opinions set forth in the medical certification of need while facilitating the return of the student to school when medically feasible.
[(b)](1) The LEA shall issue a written decision approving or denying a home or hospital instruction program application submitted pursuant to subsection (a) of this section. The decision shall contain a written explanation of the basis for the approval or denial, and if the LEA denies an application, the decision shall state specifically that the basis for its determination was a missing or incomplete application or medical certification of need.
(2) The LEA shall issue the written decision required by paragraph (1) of this subsection no later than 5 days after the receipt of the application for home or hospital instruction.
§ 38–251.04. Termination or extension of home or hospital instruction.
(a) Except as provided in subsection (b) of this section, a student's home or hospital instruction shall last no longer than the estimated duration of the student's health condition, as provided in the student's medical certification of need, or 60 days, whichever is less.
(b) A parent may extend a student's home or hospital instruction for additional periods of no more than 60 days each by submitting a medical recertification of need at least 5 days before the date on which the parent desires the extension to commence. A medical recertification of need shall not be required to be submitted for home or hospital instruction that occurs during a period of less than 60 days from the date home or hospital instruction commences.
§ 38–251.05. Mediation and appeals process.
(a) OSSE shall administer an appeals and mediation process for the denial of an application for home or hospital instruction submitted pursuant to § 38-251.03 or § 38-251.04.
(b) A parent has a right to appeal the approval or denial decision made by the LEA. The appeals and mediation process is as follows:
(1) A parent shall submit a written request for an appeal to OSSE within 10 days of receipt of the LEA's written decision. The request for an appeal shall include a copy of the medical certification of need in support of the request for home or hospital instruction and a copy of the LEA's decision, as well as any other information required by OSSE in its published policies.
(2) OSSE shall provide mediation between the LEA and the parent. If the mediation fails to resolve the issues raised by the appeal within 8 school days following receipt of the appeal or such other time as mutually agreed to by the parties, the appeal shall be reviewed by a 3-member appeals panel within OSSE. In the event the matter is referred to the appeals panel, the parent may request an opportunity to be heard before the panel.
(3) The parent shall have the burden of proof on appeal to the appeals panel; provided, that there shall be a presumption in favor of the medical opinion set forth in the medical certification of need submitted in support of the request for home or hospital instruction. The LEA shall have the burden of proof in seeking to rebut this presumption through the submission of evidence from a qualified health care professional.
(4) The appeals panel shall issue a written response to the parent's request for an appeal no later than 10 school days following receipt of the appeal.
(5) The LEA shall implement the decision of the appeals panel no later than 5 days following its issuance.
§ 38–251.06. Delivery of home or hospital instruction.
(a) An LEA shall begin delivering home or hospital instruction no later than 5 school days following an approval of an application for home or hospital instruction.
(b) An LEA shall provide a minimum number of hours per week of direct instruction for eligible students according to the medical certification of need.
(1) For eligible students absent on an intermittent or partial basis, the LEA may adjust the minimum required amount of direct instruction based on the student's schedule and amount of in-school instruction the student is expected to receive.
(2) For purposes of this subsection, the term "direct instruction" means instruction provided in-person by a home or hospital instructor or, with the consent of the parent, instruction provided by a home or hospital instructor via real-time videotelephony; provided, that an LEA may provide direct instruction via real-time videotelephony without the consent of the parent in the following circumstances:
(A) During a public health emergency;
(B) When the student has been diagnosed with a communicable disease;
(C) When a household member has been diagnosed with a communicable Disease, if the student is to receive instruction at home; or
(D) When the LEA determines safety concerns prevent the delivery of in-person services.
(c) An LEA shall develop a home and hospital instruction program that provides content aligned to that being provided in the student's classroom.
(d) To satisfy the provisions of this section, an LEA may:
(1) Employ staff to provide instructional services to a student;
(2) Contract with private providers to deliver instructional services;
(3) Contract with other LEAs to provide instructional services; or
(4) Combine any of the delivery options described in paragraphs (1) through (3) of this subsection.
§ 38–251.07. Attendance.
An LEA shall maintain a student receiving home or hospital instruction on the regular attendance roll and count the student as medically excused, except when a student is not available for home or hospital instruction, in which event the student may be counted absent.
§ 38–251.08. Healthcare institutions.
(a) A healthcare institution that admits a student approved to receive home or hospital instruction under this subchapter shall, consistent with its obligations under federal and state law, cooperate and coordinate with the student's LEA in providing such instruction to the student.
(b) Each healthcare institution referenced in subsection (a) of this section shall establish a point of contact to coordinate home or hospital instruction with the LEA.
§ 38–251.09. Transparency and accountability.
(a) Every LEA shall publish its written home and hospital instruction policyonline in a reader-friendly format and provide a copy of the home and hospital instruction policy to parents after a request for home or hospital instruction has been made.
(b) On an annual basis, each LEA shall report to OSSE approvals or denials to provide home or hospital instruction made, including the reasons for denial, the name of the individual who provided the medical certification of need, and the type of instruction delivered.
(c) Upon submission of an application for home or hospital instruction, the LEA shall require its home or hospital designee to provide the parent with a notice of their rights as they pertain to IDEA and Section 504, as appropriate.
§ 38–251.10. Rulemaking authority.
No later than 120 days after [insert applicability date], OSSE shall promulgate regulations to implement the provisions of this subchapter.
§ 38–251.11. Applicability. [Repealed]
Repealed.
