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THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
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NOTICE OF FINAL RULEMAKING
The State Superintendent of Education, pursuant to the authority set forth in section 3(b)(11) of the State Education Office Establishment Act of 2000 (OSSE Act), effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §38-2602(b)(11))(2009 Supp.); section 7c(c)(2)(A) of the OSSE Act, effective September 18, 2007 (D.C. Law 17-20; §38-2609(c)(2)(A)) (2009 Supp.); Section 403(a)(14) 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)) (2009 Supp.); and 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, approved February 4, 1925 (43 Stat. 806; D.C. Official Code §§38-202 et seq.) (2001 and 2009 Supp), hereby gives notice of her adoption of a new Title 5, subtitle A, chapter 21 of the District of Columbia Municipal Regulations (DCMR), entitled “Compulsory Education and School Attendance.” The final rules contain moderate revisions to clarify the proposed language and remain consistent with the original intent of the proposed rules. Section 2103, was also approved by the State Board of Education to address student absences in District of Columbia public schools, including public charter schools. The rules shall be effective upon the date of publication of this notice in the D.C. Register (DCR).
The Office of the State Superintendent of Education (OSSE) recognizes the necessity for a transition period to enable a deliberative implementation of this rule and expects schools to address these requirements as expeditiously as possible to assure full compliance no later than the beginning of the school year 2010.
The final rule revises Title 5, subtitle E, chapter 21 of the DCMR. Notices of proposed rulemaking were published for comment in the D.C. Register on August 7, 2009, at 56 DCR 6221; and on November 14, 2008, at 55 DCR 11917. Title 5 has been renumbered to separate state level education rules from the District of Columbia Public Schools (DCPS) system rules. Title 5, subtitle A of the DCMR contains revised state level education rules adopted as final. Title 5, subtitle B of the DCMR contains revised DCPS rules. Title 5, subtitle E of the DCMR contains rules which are still in effect and have not yet been revised to separate state from local functions. As part of the District’s regulatory recodification process, the DCMR is now available at an official electronic website located at www.dcregs.org. 56 DCR 7861 (October 2, 2009).
A new Chapter A-21 of Title 5 of the DCMR is added to read as follows:
CHAPTER A-21 COMPULSORY EDUCATION AND
SCHOOL ATTENDANCE
A-2100 GENERAL PROVISIONS
A-2100.1 The legal authority for this chapter is based upon section 3(b)(11) of the State Education Office Establishment Act of 2000 (OSSE Act), effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §38-2602(b)(11))(2009 Supp.); section 7c(c)(2)(A) of the OSSE Act, effective September 18, 2007 (D.C. Law 17-20; §38-2609(c)(2)(A)) (2009 Supp.); Section 403(a)(14) 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)) (2009 Supp.); and 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, approved February 4, 1925 (43 Stat. 806; D.C. Official Code §§38-202 et seq.) (2001 and 2009 Supp.).
A-2100.2 Each school-age child who is a resident of the District of Columbia shall attend a public, independent, private, or parochial school or shall receive private instruction.
A-2100.3 A school-age child and his or her parents or guardians shall be exempt
from the requirements of this chapter if the child:
(a) Has earned a high school diploma or its equivalent; or
(b) Participates in a home schooling program that complies with
all District of Columbia laws and regulations.
A-2100.4 A school year for attendance purposes shall include a minimum of
one hundred eighty (180) regular instructional days.
A-2100.5 An instructional day shall be at least six (6) hours in length for students, including time allotted for lunch periods, recess, and class breaks; provided, the six (6)-hour minimum instructional day requirement shall not be applicable to an evening school program, prekindergarten program, or kindergarten program.
A-2100.6 Student attendance shall be based upon the number of days the student is in attendance during the entire year.
A-2100.7 Daily attendance shall include participation in school-sponsored field trips; participation in an off-site school sponsored or approved activity during a regularly scheduled school day; in-school suspensions; and the number of days a student receives instructional services while expelled or while serving an out-of-school suspension.
A-2101 ATTENDANCE RECORDS
A-2101.1 Each educational institution shall maintain an accurate daily record of
attendance and absences, consistent with data and reporting requirements specified by the Office of the State Superintendent of Education for each school- age child.
A-2101.2 The attendance and absence record for each student shall include:
(a) Date(s) of enrollment;
(b) Current grade level assignment and date(s) of promotion to
each grade level;
(c) Daily attendance;
(d) Daily absence or late arrival time, with an explanation from
parents or guardians;
(e) Date and brief description of communications with parents or
guardians with regard to school attendance and absences, including
the record of or a cross reference to the record documenting:
(1) Contact with parents, guardians, or other primary
caregivers; and
(2) Interventions, services, and referrals related to absences; and
(f) Date of withdrawal from or transfer to another school, the name and
location of the school to which a student transfers and follow up
notation(s) to confirm the child’s new placement.
A-2101.3 Educational institutions are encouraged to maintain attendance and
absence records required by this chapter in an electronic format.
A-2102.1 Any absence, including an absence from any portion of the day, without a
valid excuse shall be presumed to be an unexcused absence.
A-2102.2 An educational institution shall define categories of valid excuses for an absence, which shall include the following:
(a) Illness or other bona fide medical cause experienced by the student;
(b) Exclusion, by direction of the authorities of the District of
Columbia, due to quarantine, contagious disease, infection, infestation, or other condition requiring separation from other students for medical or health reasons;
(c) Death in the student’s family;
(d) Necessity for a student to attend judiciary or administrative
proceedings as a party to the action or under subpoena;
(e) Observance of a religious holiday;
(f) Lawful suspension or exclusion from school by school
authorities;
(g) Temporary closing of facilities or suspension of classes due to
severe weather, official activities, holidays, malfunctioning equipment, unsafe or unsanitary conditions, or other condition(s) or emergency requiring a school closing or suspension of classes;
(h) Employment or other volunteer work approved by the school,
provided that the student is seventeen (17) years of age, and provided
further that any excused absences under this paragraph shall not adversely
impact the student’s academic performance or timely graduation;
(i) Failure of the District of Columbia to provide transportation in
cases where the District of Columbia has a legal responsibility for
the transportation of the student;
(j) Medical or dental appointments for the student; and
(k) An emergency or other set of circumstances approved by an LEA,
independent, private or parochial school. in conformance with published
policies distributed to parents and guardians..
A-2102.3 An educational institution shall publish and make available to parents
and students the list of valid excused absences.
A-2102.4 An educational institution shall require a written statement from the
student’s parent or guardian verifying the reason for an absence and shall require
that the written statement be provided in advance, if practicable, and, if not
practicable, upon the student’s return to school.
A-2103 TRUANCY PROCEDURE
A-2103.1 Each school-age child who resides in the District of Columbia shall attend a public, independent, private, or parochial school or otherwise receive a thorough and regular education through private instruction pursuant to rules established by the Office of the State Superintendent of Education.
A-2103.2 Each LEA shall develop and implement in each of its schools a specific protocol for absenteeism (absenteeism protocol) that focuses on prevention of unexcused absences, also referred to as truancy, including academic and behavioral interventions to address the needs of students.
A-2103.3 Each LEA shall include as part of its absenteeism protocol the following:
(a) A description of valid excused absences consistent with this chapter;
(b) A process for informing, training, and educating school staff, students, parents, guardians, and the community of the LEA with regard to enhancing school attendance, implementing truancy reduction methods, administering attendance policies and procedures, and related collaborative services;
(c) Procedures for monitoring, reporting, addressing, and evaluating attendance and absences consistent with District of Columbia attendance and absence reporting requirements including:
(1) A procedure requiring personal contact(s) with the parent or guardian of a student, each time a student has the equivalent of one (1) day of unexcused absence and defining the reasonable timeframe in which this contact must be made;
(2) A continuum of school practices and services including meaningful supports, incentives, intervention strategies, and consequences for dealing with absenteeism and consultation with parents or guardians, both at the onset of absenteeism and in those circumstances where chronic absenteeism persists;
(3) A referral process whereby within two (2) school days after a student has accumulated five (5) or more unexcused absences in one (1) marking period or other similar time frame, the student shall be referred to a school-based student support team which will meet within two (2) days of the referral and regularly thereafter to:
(A) Review and address the student’s attendance
and related issues;
(B) Communicate and/or collaborate with the parents or guardian;
(C) Provide timely response to the student’s truant
behavior;
(D) Make recommendations for academic, diagnostic, or social work services;
(E) Use school and community resources to abate the
student’s truancy including referral to a community-based
organization when available; and
(F) Develop an attendance intervention plan in
consultation with the student’s parents or guardian.
(4) If a student accumulates ten (10) unexcused absences at any time during a school year, the school-based student support team assigned to the student shall notify the school administrator within two (2) days after the tenth (10th) unexcused absence with a plan for immediate intervention including delivery of community-based programs and any other assistance or services to identify and address the student’s needs on an emergency basis; and
(5) A process at the LEA, including specific due process
procedures, for a parent, guardian, or student to appeal any
attendance violation decisions made by the LEA or an individual school within an LEA.
A-2103.4 Each LEA shall maintain records and report in a format consistent with data reporting requirements specified by the Office of the State Superintendent of Education.
A-2103.5 Each LEA shall develop a process to refer students to District of Columbia entities outside the LEA under the following circumstances:
(a) Students between the ages of five (5) and thirteen (13) shall be referred by the LEA to the Child and Family Services Agency (CFSA) no later than two (2) school days after the accrual of ten (10) consecutive unexcused absences and/or completion of the procedures specified in Section A-2103.3 of this chapter, or immediately at any time that educational neglect is suspected;
(b) Students between the ages of five (5) and thirteen (13) shall be referred by the LEA to the Child and Family Services Agency (CFSA) no later than two (2) school days after the accrual of twenty (20) unexcused absences within one (1) school year and completion of the intervention process or immediately at any time educational neglect is suspected; and
(c) Students over the age of thirteen (13) shall be referred by the LEA to the Court Social Services Division of the Superior Court of the District of Columbia and the Office of the Attorney General (OAG) Juvenile Section no later than two (2) school days after the accrual of twenty five (25) or more unexcused absences at any time within one (1) school year.
A-2103.6 Copies of the following documents shall be provided with a referral made pursuant to this chapter:
(a) The student’s attendance and absence record;
(b) Any prevention and intervention plans;
(c) Documentation related to referrals and outcome of such referrals;
(d) Documentation representing evidence of communications, services, and attendance related interventions taken by the school;
(e) Documentation of suspected educational neglect;
(f) Documentation of personal contacts with, and written notification to, parents or guardians with regard to the unexcused absences; and
(g) If applicable, the student’s Individualized Education Program with any supporting evaluations or assessments.
A-2103.7 Written notification of any referral made pursuant to this Section shall be provided to a parent or guardian at the time a referral is made.
A-2103.8 The standards for school attendance may identify a specific number of excessive or unexcused absences allowed within a marking period, semester, or school year, provided that reporting is consistent with applicable laws and regulations.
A-2103.9 The Office of the State Superintendent of Education shall develop reporting procedures
as appropriate to assist educational institutions and private instructors with compliance with reporting requirements under applicable federal and District of Columbia laws.
A-2103.10 The Office of the State Superintendent of Education shall evaluate the
effectiveness of these regulations and make further recommendations as
appropriate to the State Board of Education. The State Board of Education shall have the opportunity to revisit the regulation’s effectiveness on an annual basis.
A-2104 REPORTING REQUIREMENTSA-2104.1 An educational institution shall submit to the Office of the State
Superintendent of Education, upon request, information relating to
attendance and compulsory education in conformance with this chapter.
A-2104.2 Each educational institution subject to this chapter shall provide to the State Superintendent of Education, upon request, information relating to a report of enrollments and withdrawals in conformance with D.C. Official Code §38-205.
A-2104.3 The reports required under this chapter shall, to the extent
practicable, conform to the format requested by the Office of the State
Superintendent of Education and include the name, address, sex, date
of birth, and student identification number as appropriate, of each minor
residing permanently or temporarily in the District of Columbia who
enrolls in, withdraws from, or transfers from an educational institution.
A-2104.4 An educational institution shall notify the Office of the State
Superintendent of Education immediately upon information, reason, or belief that a school-age child who has been withdrawn from a school has not been re-
enrolled in a school following withdrawal from school or is not receiving
private instruction.
A-2199 DEFINITIONS
A-2199.1 All definitions set forth in Title 5, Section E-2099 are incorporated herein by reference and shall apply to the terms used in this chapter unless modified by definitions listed in this chapter.
A-2199.2 For the purposes of this chapter:
“Educational institution” means a school in the District of Columbia Public Schools system, a public charter school, an independent, private school, parochial school, or a private instructor.
“Educational neglect” means 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 habitual 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.
“Local education agency or LEA” means an educational institution at the local level that exists primarily to operate a publicly funded school or schools in the District of Columbia, including the District of Columbia Public Schools (DCPS) and a District of Columbia public charter school.
“Minor” means a child who has not yet reached 18 years of age.
“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.
“School-age child” means a child who is five (5) years of age or older by September 30 of a current school year but who has not yet reached his or her eighteenth (18th) birthday.
“Truant” means a school-age child who is absent without a valid excuse in compliance with section 2103 of this chapter.
“Unexcused absence” means an absence of a school-age child from any portion of the school day without a valid excuse consistent with the requirements of this
chapter.
Title 5 DCMR, Subtitle E, Chapter 20, Section E-2099 is amended to read as follows:
Unexcused absence means an absence of a school-age child from any portion of the school day without a valid excuse consistent with the requirements of this
chapter.
Title 5 DCMR, Subtitle E, Chapter 21 is amended by deleting the following subsections:
§E-2100.1
§E-2100.5
§E-2100.7
§E-2100.8
§E-2100.9
§E-2100.10
§E-2101.3
§E-2103.1
§E-2103.6
§E-2103.11
§E-2103.12
Title 5, DCMR, Subtitle E, Chapter 3 is amended by deleting the following subsections:
§E-305.7
§E-305.8
