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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 5. EDUCATION |
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SubTilte 5-A. OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION |
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Chapter 5-A50. STUDENT RESIDENCY |
Section 5-A5099. DEFINITIONS
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5099.1For the purposes of this chapter, the following terms shall have the meanings ascribed:
Adult Student – A student who is eighteen (18) years of age or older, or who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.
Appointed Representative – An individual acting on behalf of a person, pursuant to his or her written authorization, in presenting to a school or chartering authority official documentation to establish or verify the District residency of the person seeking to enroll the student.
Care or Control – A parent, custodian, guardian, other primary caregiver, or person with whom a child is residing with is exercising primary responsibility to provide the child with guidance, maintenance, and physical care as follows:
Guidance is participation in the responsibility for the child's development on a daily basis. Such participation includes, but are not limited to, attending school conferences, disciplining the child, participating in decisions concerning the child's well-being and involvement in the child's extracurricular activities;
Maintenance is providing necessities such as food, clothing and shelter; and
Physical care is providing continuous care for the child by performing tasks required in the child’s daily life. Such tasks include, but not limited to, bathing, feeding, dressing, assuring medical attention will be received by the child, preparing meals, supervising the child’s activities and assisting with other physical care needs.
Chartering Authority – A District of Columbia entity authorized to grant charters for the establishment of public charter schools, pursuant to either the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code §§ 38-1802.01 et seq. (2012 Repl. & 2016 Supp.)), or the Public Charter School Act of 1996, effective May 29, 1996 (D.C. Law 11-135; D.C. Official Code §§ 1701.01 et seq. (2012 Repl. & 2016 Supp.)), as amended.
Child – A person who is less than eighteen (18) years of age.
Common Lottery – a single, random lottery that determines placement for new students at all participating schools, including but not limited to, public charter schools (PK3–12), DCPS out-of-boundary schools (PK3–12), all DCPS PK3 and PK4 programs, including in-boundary school; and DCPS selective citywide high schools (9–12) that is governed by the Common Lottery Board established by the Common Lottery Advisory Board Establishment Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code § 38-194 (2012 Repl. & 2016 Supp.)).
Custodian – A person to whom physical custody has been granted by a court of competent jurisdiction.
Formal Custody Agreement – A determination by a court of competent jurisdiction providing for the legal custody and physical custody of a child.
District Funded School(s) – Includes any public school, public charter school, private or public school outside of the District of Columbia receiving funding from the District of Columbia.
District of Columbia Public Schools or DCPS – The District of Columbia Public Schools system, not including public charter schools.
District Public School(s) – Includes any school within the District of Columbia Public Schools system or any District of Columbia public charter school.
Enroll and Enrollment – A process through which a student obtains admission to a public or public charter school that includes, at a minimum the following stages:
(a)Application by student to attend the school;
(b)Acceptance and notification of an available slot to the student by the school;
(c)Acceptance of the offered slot by the student (signified by completion of enrollment forms and parent signature on a “letter of enrollment agreement form”);
(d)Registration of the student in the Student Information System (SIS) by school upon receipt of required enrollment forms and letter of enrollment agreement; and
(e)Receipt of educational services, which are deemed to begin on the first official school day.
Guardian – A person who has been appointed legal guardian of a student by a court of competent jurisdiction.
Legal custody – A determination by a court of competent jurisdiction that a parent has legal responsibility for a child, which includes the right to make decisions regarding a child’s health, education, and general welfare.
Local Educational Agency or LEA – Pursuant to 20 U.S.C.S. § 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.
McKinney-Vento Act – The McKinney-Vento Homeless Education Assistance Act of 1967 (101 Stat. 482; 42 U.S.C. §§ 11301 et seq.).
Office of the State Superintendent of Education or OSSE – The state level agency established by Chapter 26 of Title 38 of the D.C. Official Code.
Orphan – A child who resides in the District of Columbia and who does not have a living parent or guardian.
Other Primary Caregiver – The person other than a parent or court appointed custodian or guardian who is the primary provider of care and support to a child who resides with him or her, and whose parent, custodian, or guardian is unable to supply such care and support and submits evidence that he or she is the primary caregiver of the student in the manner provided in D.C. Official Code § 38-310 and this chapter.
Parent – The natural parent, stepparent, or parent by adoption who has custody or control of a student, including joint custody.
Pre-K age child – A child who is (i) three (3) years of age on or before September 30 of the program year for which the child is being enrolled; (ii), four (4) years of age; or (iii) five (5) years of age after September 30th of the program year for which the child is being enrolled.
Physical custody – A determination by a court of competent jurisdiction of a child’s living arrangements including where the child resides and any visitation schedule.
Physical presence – The actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time.
Public Charter School – A District of Columbia school authorized to operate by a chartering authority.
School – A public charter school, a school within the District of Columbia Public Schools system, a school in another state or a nonpublic school in the District of Columbia enrolling a student funded by the District of Columbia.
School-age student – A child who is between five (5) years of age on or before September 30 of the current school year and eighteen (18) years of age.
Self-supporting student – A minor student who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.
Student experiencing homelessness – An individual who lacks a fixed, regular, and adequate nighttime residence. These individuals shall include pre-K age children, school-age children, or eligible adult students:
(a) Sharing the housing of other persons due to loss of housing, economic hardship or similar reasons;
(b) Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodation;
(c) Living in emergency or transitional shelters, (including D.C. transitional housing);
(d) In a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation or human habitation;
(e) Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;
(f) Living in a hospital due to abandonment;
(g) Migratory children, as defined in Section 1309 of the Elementary and Secondary Education Act of 1965, (115 Stat. 1579; 20 U.S.C.§ 6399), who qualify as homeless because they live in circumstances described above; or
(h) Unaccompanied youth, including youths who are not in physical custody of a parent or guardian, who qualify as homeless because they live in circumstances described above.
Serious Family Hardship – Death, incarceration, serious illness, abuse or neglect by parent, active military assignment, drug addiction or loss of habitability of a parent, guardian, or custodian.
Support – A parent, custodian, guardian, other primary caregiver, or person with whom a child is residing who is exercising primary responsibility to provide the child with financial resources for the child’s livelihood.
Uniform Per Student Funding Formula or UPSFF – The amount of funding provided for each student attending a public school in the District of Columbia pursuant to section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C Official Code § 38-1804.01).
Waiting List – A roster of students maintained by the LEA or school of students seeking enrollment.
Ward – A child who is a District of Columbia foster child, either living in or outside of the District, or a child who is in the custody of a District of Columbia public child welfare agency or juvenile justice system.