Section 5-A2199. DEFINITIONS

 

2199.1“Absence” --A full or partial school day on which the student is not physically in attendance at scheduled periods of actual instruction at the educational institution in which s/he was enrolled or attended, and is not in attendance at a school-approved activity that constitutes part of the approved school program.

 

“Absenteeism” -- A pattern of not attending school, including the total number of school days within one school year on which a student is marked with an excused or unexcused absence.

 

“Action plan” --A written document that is designed to meet the individual and specialized needs of the student and contains the relevant details of the student’s attendance record, the school-based or third-party-provided interventions toward addressing the underlying causes of truancy as determined by the school-based student support team, and expected attendance goals.

 

“Attendance monitor” --The person(s) designated by the principal or chief school administrator of an educational institution to be responsible for collecting, maintaining, and reporting attendance records that are required pursuant to District of Columbia compulsory education and school attendance laws, regulations, and OSSE policies for each student enrolled in the educational institution.

 

“Chronic Absenteeism” – The incidence of a student missing more than 10% of school days, including excused and unexcused absences. 

 

“Chronically Truant” -- A school aged child who is absent from school without a legitimate excuse for ten (10) or more days within a single school year.

 

“Consultation” --A meeting or conversation between the school-based student support team of an educational institution and a student’s parents or guardians in which the team, on the part of the educational institution, engages in meaningful discussions about the issues underlying the student’s absenteeism prior to making any decision about action plans, interventions, or services to address the student’s absenteeism.

 

“Educational institution” --a school in the District of Columbia Public Schools system, or a public charter school.

 

“Educational neglect” --The failure of a parent or guardian to ensure that a child attends school consistent with the requirements of the law including, without limitation, the failure to enroll a school-age child in an educational institution or provide appropriate private instruction; permitting chronic absenteeism from school; inattention to special education needs; refusal to allow or failure to obtain recommended remedial education services; or the failure to obtain treatment or other special education services without reasonable cause.

 

“Elementary/secondary educational program” --A course of instruction and study from and including pre-Kindergarten through the end of high school, any portion thereof, or its equivalent.

 

“Enrollment” --A process through which a student obtains admission to a public or public charter school that includes, at a minimum the following stages:

 

(1) Application by student to attend the school;

(2) Acceptance and notification of an available slot to the student by the school;

(3) Acceptance of the offered slot by the student (signified by completion of enrollment forms and parent signature on a “letter of enrollment agreement form”;

(4) Registration of the student in the Student Information System (SIS) by school upon receipt of required enrollment forms and letter of enrollment agreement; and

(5) Receipt of educational services, which are deemed to begin on the first official school day.

 

(6)      The LEA’s obligation to determine eligibility for special education services or to provide special education services on an existing IEP is triggered upon completion of registration (stage 4). 

 

“IDEA” --The “Individuals with Disabilities Education Act”, approved April 13, 1970 (84 Stat. 191; 20 U.S.C. §1400 et seq.), as amended by Pub. L. 108-446, approved December 3, 2004 (118 Stat. 2647).

 

“Full school day” --The entirety of the instructional hours regularly provided on a single school day.

“Late arrival” --Arrival by a student at the educational institution after the official start of the school day as defined by the educational institution.  Late arrival does not include any period of time that would constitute a partial school day as defined by this chapter. 

“LEA” --Local Educational Agency, pursuant to 20 USCS § 7801(26)(A), a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

“Marking period” --A portion of a school year between two dates, at the conclusion of which period students are graded or marked.

 

“McKinney-Vento” --The “McKinney-Vento Homeless Assistance Act of 1987”, as amended, Title VII, Subtitle B; 42 U.S.C. 11431-11435. 

 

 “OSSE” --The Office of the State Superintendent of Education.

 

“Partial school day” --At least twenty percent (20%) of the instructional hours regularly provided on a single school day; which shall be deemed to be a full school day, when a student is absent during this period of time without an excused absence. 

 

“Parent” --A parent, guardian, or other person who resides in the District and who has custody or control of a minor five (5) years of age or older.

 

“Present” --A single school day on which the student is physically in attendance at scheduled periods of actual instruction at the educational institution in which she or he was enrolled and registered for at least eighty percent (80%) of the full instructional day, or in attendance at a school-approved activity that constitutes part of the approved school program for that student.

 

“School-age child” --A child who between five (5) years of age on or before September 30 of the current school year or eighteen (18) years.

 

“Section 504” --Section 504 of the “Rehabilitation Act of 1973”, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794). 

 

“STEM” --Educational instruction in science, technology, engineering, and mathematics.

 

“Truant” --A school-age child who is absent from school without a legitimate excuse for absence.

 

“Truancy rate” --The incidence of students who are absent without valid excuse as defined by 5 DCMR A § 2102 on ten (10) or more occasions within a single school year, divided by the total number of students enrolled for a single school year, as determined by the final enrollment audit conducted by OSSE, pursuant to D.C. Official Code § 38-203.  Truancy rate may be calculated and reported at the school, LEA, and state levels.

 

 

authority

Article II of An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, as amended, effective February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-201 et seq. (2001 ed. & 2012 Supp.)); as amended by Section 302 of the South Capitol Street Memorial Amendment Act of 2012, effective June 7, 2012 (D.C. Law 19-141, 59 DCR 3083 (April 20, 2012); D.C. Official Code §§ 38-201 et seq. (2012 Repl.); Mayor’s Order No. 2012-116, dated July 26, 2012; Sections 3(b)(11), 3(b)(15) and 7c of the State Education Office Establishment Act of 2000, as amended, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(11), 2602(b)(15) and 2609(c)(2) (2012 Supp.)); and Section 403 of the State Board of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-2652(a)(14) (2012 Supp.)).

source

Final Rulemaking published at 47 DCR 989 (February 18, 2000); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by Final Rulemaking published at 60 DCR 9725 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 222 (January 10, 2014); as amended by the School Attendance Clarification Amendment Act of 2016, effective July 26, 2016 (D.C. Law 21-0140; 63 DCR 8207 (June 10, 2016)).