4703159 Education, Office of the State Superintendent of - Notice of Final Rulemaking - Amending Chap. 21 (Compulsory Education and School Attendance at Public Educational Institutions) at §§ 2100.1, 2101.10, 2103.5, and Definitions to Conform to ...

OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

 

NOTICE OF FINAL RULEMAKING

 

The Acting State Superintendent of Education, pursuant to the authority set forth in 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. (2012 Repl.)); 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 Repl.)); 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 Repl.)), and the Attendance Accountability Amendment Act of 2013, effective September 19, 2013 (D.C. Law 20-17, 60 DCR 9839 (July 5, 2013); to be codified at D.C. Official Code §§ 38-201 et seq. and § 38-2602(b)(19)) (“Attendance Act”), hereby gives notice of the adoption of a final rule amending Chapter 21 (Compulsory Education and School Attendance at Public Educational Institutions) of Subtitle A (Office of the State Superintendent of Education) of Title 5 (Education) of the District of Columbia Municipal Regulations (DCMR).

 

The Proposed Rulemaking was published  in the D.C. Register on November 15, 2013, at 60 DCR 15861, notifying the public that the sole purpose of the proposed revisions was to conform Chapter 21 to the Attendance Act, which became effective after the attendance rules were finalized on June 28, 2013  (60 DCR 9725): (1) changing “school days” to “business days” for reporting purposes; (2) mandating a referral of students who are fourteen (14) through to seventeen (17) years of age after the accrual of fifteen (15) unexcused absences rather than the twenty-five (25) unexcused absences previously mandated by the South Capitol Street Memorial Amendment Act of 2012; (3) amending the definition for the term “Educational institution”, and (4) amending the definition for the term “Parent”. Additionally, Subsection 2101.10 was revised solely to correct a reference in Subsection 2101.8 to refer instead to Subsection 2101.9.  In all other respects, this final rulemaking makes no other substantive changes to the final rule.

 

No comments were received addressing the changes aligning the attendance rules to the Attendance Act amendments. One comment was timely received regarding a change of the definition of the word “present”, seeking to reduce the time frame to be counted for attendance purposes from 80% of the school to 60% of the school day. Three comments were received after the comment period, asking the State Board of Education and OSSE to lower the threshold for time a student must attend a school day to be counted as present suggesting revisions to the definitions of “presence”, “absence”, and “excused/unexcused absences”. These comments have been taken under advisement for further consideration.  

 

The State Board of Education reviewed the Proposed Rulemaking at two public meetings and work sessions in November and December and approved the final rules on December 18, 2013.

 

The rules are effective on a permanent basis on the date of publication of this notice in the D.C. Register.

 

Proposed Amendment: Delete the present language of Subsection 2100.1 of Chapter 21 (Compulsory Education and School Attendance at Public Educational Institutions) of Subtitle A (Office of the State Superintendent of Education) of Title 5 (Education) of the DCMR and substitute the following amended language:

 

2100.1             The legal authority for this chapter is based upon 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. (2012 Repl. & 2013 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. & 2013 Supp.)); 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 Repl. & 2013 Supp.)); 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 Repl.)), and the “Attendance Accountability Amendment Act of 2013”, effective September 19, 2013 (D.C. Law 20-17; 60 DCR 14501 (Oct. 11, 2013)) to be codified at D.C. Official Code §§ 38-201 et seq. and §38-2602(b)(19).

 

Proposed Amendment: Delete the phrase “§ 2101.8” from Subsection 2101.10 of Chapter 21 (Compulsory Education and School Attendance at Public Educational Institutions) of Subtitle A (Office of the State Superintendent of Education) of Title 5 (Education) of the DCMR, and substitute the phrase “§ 2101.9”.

 

Proposed Amendment: Delete the present language of Subsection 2103.5 of Chapter 21 (Compulsory Education and School Attendance at Public Educational Institutions) of Subtitle A (Office of the State Superintendent of Education) of Title 5 (Education) of the DCMR and substitute the following amended language:

 

2103.5             Each educational institution shall develop a process to refer students to District of Columbia entities under the following circumstances:

 

(a)        Students ages five (5) through thirteen (13) shall be referred by the educational institution to the Child and Family Services Agency not later than two (2) business days after the accrual of ten (10) unexcused absences within a school year; and

 

(b)        Beginning in the 2013-14 school year, students ages fourteen (14) through seventeen (17) shall be referred by the educational institution to the Court Social Services Division of the Superior Court of the District of Columbia and to the Office of Attorney General Juvenile Section no later than two (2) business days after the accrual of fifteen (15) unexcused absences within a school year.

 

Proposed Amendment: Delete the present definition for the term “Educational institution” from Subsection 2199 of Chapter 21 (Compulsory Education and School Attendance at Public Educational Institutions) of Subtitle A (Office of the State Superintendent of Education) of Title 5 (Education) of the DCMR and substitute the following definition for that term:

 

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

 

Proposed Amendment: Delete the present definition for the term “Parent” from Subsection 2199 of Chapter 21 (Compulsory Education and School Attendance at Public Educational Institutions) of Subtitle A (Office of the State Superintendent of Education) of Title 5 (Education) of the DCMR and substitute the following definition for that term:

 

“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.