Subchapter I. General Provisions.
§ 38–601. Definitions.
For the purposes of this subchapter:
(1) “Adult student” and “minor student” mean those terms as they are defined in § 499 of the Board of Education Rules, effective July 29, 1977 (5 DCMR 2099).
(2) “Certified nurse practitioner” means a registered nurse who is licensed in the United States or its territories, has had postgraduate education and training in pediatrics, adolescent medicine, or the assessment and care of school-aged children, and is certified as a nurse practitioner by the American Nurses’ Association, the National Board of Pediatric Nurse Practitioners and Associates, or any other certifying organization acceptable to the Mayor.
(3) “District” means the District of Columbia.
(4) “Physician” means an individual who is licensed to practice medicine in the United States or its territories and has had postgraduate education or training in pediatrics or adolescent medicine.
§ 38–602. Examination requirements; certificates of health, testing for lead poisoning and dental health.
(a) Except as provided in § 38-603, each student attending prekindergarten through grade 12 in a public, public charter, private, or independent school in the District of Columbia shall furnish the school annually with a certificate of health completed and signed by a physician or advanced practice nurse who has examined the student during the 12-month period immediately preceding the 1st day of the school year or the date of the student's enrollment in the school, whichever occurs later. The examination shall cover all items required by the certificate of health form for the student's particular age group.
(a-1) Upon entry of a student under 6 years of age into a licensed day care center, Head Start or similar early childhood program, pre-kindergarten, kindergarten or first grade in a public or private school in the District, the student shall furnish the school with a certificate of testing for lead poisoning.
(b) The Mayor shall establish requirements for periodic testing for lead poisoning and dental examinations. The Mayor shall also establish requirements for the submission of certificates of testing for lead poisoning for the students subject to the provisions of subsection (a-1) of this section, and submission of certificates of dental health for elementary and secondary school students.
(c) The Mayor shall develop standard forms for certificates of health, testing for lead poisoning, and dental health, and shall make blank forms available in sufficient quantities to carry out the purposes of this subchapter. The certificate of health form shall contain, at a minimum, the following:
(1) All items required by the American Academy of Pediatrics for each relevant age group; and
(2) A plain language explanation of the following:
(A) Body mass index;
(B) How to access health insurance programs; and
(C) How to contact school nurses.
(d) Except as provided in § 38-603, the Mayor may require that prekindergarten, elementary, and secondary school students who participate in special programs or have been exposed to certain hazards meet examination requirements in addition to those established by this subchapter.
§ 38–603. Exemption for religious beliefs.
Certificates of health, testing for lead poisoning and dental health shall not be required under this subchapter, and no physical, lead poisoning or dental examination shall be required by the Mayor, if a minor student’s parent or guardian or an adult student submits in good faith a written notarized statement to the principal or other appropriate school official affirming that the examination(s) in question would violate the established tenets and practices of the parent’s, guardian’s or student’s church or religious denomination.
§ 38–604. Notice of noncompliance; attendance unaffected.
(a) No student shall be excluded from school on account of his or her failure to furnish a required certificate of health, testing for lead poisoning or dental health. If a certificate of health, testing for lead poisoning or dental health is not furnished when required, the principal or other appropriate school official shall give both oral and written notice to a minor student’s parent(s) or guardian or an adult student that submission of the certificate is required by law. The notice shall explain how to contact the public health authorities for the purpose of having the student examined if private health care is not available or desired. If after 30 calendar days the student has still not furnished the required certificate of health, testing for lead poisoning or dental health, the principal or other appropriate school official shall inquire into whether the student has had an examination. If the student has not been given an examination and none is scheduled, the principal or other appropriate school official shall notify the public health authorities, who shall make prompt and, if necessary, continuing efforts to secure the consent of the parent(s), guardian, or adult student so that the student may as soon as possible be given the required examination(s) either in a public health facility or at school.
(b) Notwithstanding the provisions in subsection (a) of this section, any parent or guardian who, without good cause, fails to comply with the provisions of this subchapter or any rule issued pursuant to § 38-608 shall, at the discretion of the Mayor, be subject to a fine not to exceed $100 per school year.
§ 38–605. Fee for examination by public health authorities; indigency.
A fee, based on rates to be established by the Mayor, shall be charged to a minor student’s parent(s) or guardian or an adult student when the student has been examined by public health authorities pursuant to this subchapter and the parent(s), guardian, or adult student is not indigent. The Mayor shall define “indigency” under this section and may establish a sliding scale of partial payment based on the parents’, guardian’s, or adult student’s reasonable ability to pay some of the examination costs. Under no circumstances shall a student be excluded from school pending the payment of a fee imposed under this section.
§ 38–606. Duty to obtain treatment.
If a student is excluded from school pursuant to subchapter II of Chapter 1 of Title 7, it shall be his or her responsibility if an adult student, and the responsibility of his or her parent(s) or guardian if a minor student, to obtain any treatment necessary for him or her to resume attendance at school. If private health care is not available or desired, the Mayor shall ensure that the necessary treatment is made available by public health authorities after obtaining the consent of the parent(s), guardian, adult student, or, when authorized by District law, minor student. Fees shall be determined in the same manner as provided in § 38-605.
§ 38–607. Student health files.
(a) The Board of Education, with respect to public school students, and the Mayor, with respect to private school students, shall establish uniform procedures requiring elementary and secondary schools in the District to maintain health files for each student. Each student’s health file shall contain all health-related documents submitted by or on behalf of the student.
(b) A student’s health file and all certificates of health and dental health furnished pursuant to this subchapter shall be confidential and subject to inspection, disclosure, and use only as provided by applicable District and federal law.
§ 38–608. Joint administration by Mayor and Board of Education; rules.
The Mayor and the Board of Education shall jointly administer this subchapter and each shall issue rules pursuant to subchapter I of Chapter 5 of Title 2, to carry out its purposes.
§ 38–609. Protection from liability.
Neither the District government or its agencies, officials, and employees nor any private school or its officials and employees shall be subject to civil or criminal liability for failing to recognize or communicate a need for treatment from information contained in a student’s health file, or to obtain treatment for a student solely on account of such information.
§ 38–610. Reporting and studies of lead poisoning tests.
(a) The Mayor shall establish requirements for the mandatory reporting of all lead poisoning tests conducted in the District of Columbia.
(b) The Mayor shall use the data collected in subsection (a) of this section to conduct an epidemiological study for the purpose of preventing future lead poisoning. The Mayor shall submit the study to the Council of the District of Columbia within 2 years from October 15, 1993.
