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§ 38.208 — District of Columbia Law | CourtGPT
  1. Home/
  2. Laws/
  3. District of Columbia/
  4. Title 38 - Educational Institutions/
  5. Chapter 2 - Compulsory School Attendance and Expulsionsub/
  6. Subchapter I - School Attendance/
  7. Part B - Compulsory School Attendance§ 38–202. Establishment of School Attendance Requirements/
  8. § 38.208
District of Columbia Legal Code

§ 38.208

Truancy procedures; inter-agency coordination. *NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2025. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.* (a) Repealed. (b) Within 2 business days of the 10th unexcused absence, the educational institution shall notify the Office of the State Superintendent of Education which shall provide the parent with the truancy prevention resource guide created pursuant to § 38-2602(b)(19); provided, that the parent has not received the truancy prevention resource guide before the 10th unexcused absence. (c) In addition to the requirements set forth in subsection (b) of this section: (1)(A) Beginning in the 2016-2017 school year, the educational institution shall refer a minor student 5 years of age through 13 years of age to the Child and Family Services Agency pursuant to § 4-1321.02(b)(1)(B) no later than 2 business days after the accrual of 10 unexcused full school day absences within a school year.

13 years of age to the Child and Family Services Agency pursuant to § 4-1321.02(b)(1)(B) no later than 2 business days after the accrual of 10 unexcused full school day absences within a school year. (B) Beginning in the 2016-2017 school year, the educational institution shall refer a minor student 14 years of age through 17 years of age to the Court Social Services Division of the Superior Court of the District of Columbia and to the Office of the Attorney General Juvenile Section no later than 2 business days after the accrual of 15 unexcused full school day absences within a school year. (C) The educational institution shall have discretion with regard to the referral requirements set forth in subparagraphs (A) and (B) of this paragraph if a minor student accrues the 10th or 15th unexcused absence, respectively, within the final 10 school days of a school year. (2) Within 3 business days of the Office of the Attorney General, Juvenile Section receiving written notification pursuant to paragraph (1)(B) of this subsection, the Office of the Attorney General shall send the minor student’s parent a letter notifying the parent that he or she may be subject to prosecution for

ursuant to paragraph (1)(B) of this subsection, the Office of the Attorney General shall send the minor student’s parent a letter notifying the parent that he or she may be subject to prosecution for violation of the school attendance requirements under this subchapter. (c-1)(1)(A) By August 12, 2024, the Mayor shall identify 5 secondary educational institutions in the District that had a truancy rate greater than 50% in the 2023-2024 school year to participate in a truancy pilot with the Department of Human Services ('DHS') during School Year 2024-2025. (B) The Mayor shall notify the identified educational institutions of their participation in the truancy pilot at least 10 business days before the first day of instruction in School Year 2024-2025. The notice shall include appropriate agency contacts, timelines, and procedures for complying with paragraph (2) of this subsection. (2) The 5 secondary educational institutions identified pursuant to paragraph (1) of this subsection shall refer each student who is 14 years of age through 17 years of age to DHS no later than 2 school days after the accrual of 15 unexcused full school day absences within a school year.

subsection shall refer each student who is 14 years of age through 17 years of age to DHS no later than 2 school days after the accrual of 15 unexcused full school day absences within a school year. (3) By March 31, 2025, DHS shall publish a preliminary report, and by August 15, 2025, DHS shall publish a final report that: (A) Describes the interventions and services provided through the truancy pilot; (B) Provides the 5 most common reasons for unexcused absences for the students referred to DHS, such as housing instability, transportation issues, or medical emergencies; (C) Presents aggregate data on the 5 most common truancy intervention services or programs that students referred to DHS utilized; and (D) Provides an analysis that compares: (i) The attendance outcomes, academic performance, and delinquency status of students referred to DHS to the students' attendance outcomes, academic performance, and delinquency status during the same time period in the prior school year; (ii) The attendance outcomes, academic performance, and delinquency status of students referred to DHS before and after the DHS referral during the applicable time period for School Year 2024-2025; and

i) The attendance outcomes, academic performance, and delinquency status of students referred to DHS before and after the DHS referral during the applicable time period for School Year 2024-2025; and (iii) The attendance outcomes and academic performance of educational institutions participating in the truancy pilot with the attendance and academic performance during School Year 2024-2025 of non-participating secondary educational institutions that are sociodemographically similar to participating educational institutions. (4) For purposes of paragraph (3) of this subsection, the term 'delinquency status' means whether a minor student was arrested by a law enforcement official during the time period analyzed in the report. (5) Educational institutions participating in the truancy pilot shall be exempt from the requirements of subsection (c) of this section for minor students who are 14 years of age through 17 years of age. (d) By July 1 of each year, the State Superintendent of Education shall send written notice to each educational institution outlining the attendance and reporting requirements outlined in this subchapter. (Feb. 4, 1925, ch. 140, Art. II, § 7; as added Sept.

ucation shall send written notice to each educational institution outlining the attendance and reporting requirements outlined in this subchapter. (Feb. 4, 1925, ch. 140, Art. II, § 7; as added Sept. 19, 2013, D.C. Law 20-17, § 101(b)(2), 60 DCR 9839; July 26, 2016, D.C. Law 21-140, § 2(f), 63 DCR 8207; Apr. 6, 2023, D.C. Law 24-341, § 111(b), 69 DCR 14698; Nov. 27, 2024, D.C. Law 25-228, § 2, 71 DCR 12352.) Prior Codifications 2001 Ed., § 38-253. Effect of Amendments The 2013 amendment by D.C. Law 20-17 added this section. Emergency Legislation For temporary (90 days) amendment of this section, see § 2 of Pilot Truancy Reduction Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-575, Oct. 18, 2024, 71 DCR 12820). For temporary (90 days) amendment of this section, see § 2 of Pilot Truancy Reduction Emergency Amendment Act of 2024 (D.C. Act 25-529, July 23, 2024, 71 DCR 9599). For temporary (90 days) amendment of this section, see § 201(b) of Protecting Our Children Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-330, Feb. 22, 2022, 69 DCR 001451). For temporary (90 days) amendment of this section, see § 201(b) of Protecting Our Children Emergency

gressional Review Emergency Amendment Act of 2022 (D.C. Act 24-330, Feb. 22, 2022, 69 DCR 001451). For temporary (90 days) amendment of this section, see § 201(b) of Protecting Our Children Emergency Amendment Act of 2021 (D.C. Act 24-190, Oct. 26, 2021, 68 DCR 011348). For temporary (90 days) amendment of this section, see § 2(f) of School Attendance Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-476, July 21, 2016, 63 DCR 10181). For temporary (90 days) amendment of this section, see § 2(f) of School Attendance Clarification Emergency Amendment Act of 2016 (D.C. Act 21-410, June 1, 2016, 63 DCR 8202). For temporary (90 days) amendment of section, see § 2 of the Truancy Referral Emergency Amendment Act of 2015 (D.C. Act 21-180, Oct. 22, 2015, 62 DCR 14004). For temporary (90 days) amendment of this section, see § 2 of the Truancy Referral Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-285, Jan. 27, 2016, 63 DCR 1193). Temporary Legislation For temporary (225 days) amendment of this section, see § 2 of Pilot Truancy Reduction Temporary Amendment Act of 2024 (D.C. Law 25-228, Nov. 27, 2024, 71 DCR 12352).

DCR 1193). Temporary Legislation For temporary (225 days) amendment of this section, see § 2 of Pilot Truancy Reduction Temporary Amendment Act of 2024 (D.C. Law 25-228, Nov. 27, 2024, 71 DCR 12352). For temporary (225 days) amendment of this section, see § 201(b) of Protecting Our Children Temporary Amendment Act of 2021 (D.C. Law 24-63, Feb. 18, 2022, 68 DCR 013501). For temporary (225 days) amendment of this section, see § 2 of the Truancy Referral Temporary Amendment Act of 2015 (D.C. Law 21-56, Jan. 30, 2016, 62 DCR 15600).
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