DC Code § 38-236.06 (2021)
2021 District of Columbia Code|Title 38 - Educational Institutions|Chapter 2 - Compulsory School Attendance and Expulsion|Subchapter II - Expulsion of Students|Part C - Student Discipline|§ 38-236.06. Support for positive school climate and trauma-informed educational settings

(a) The Office of the State Superintendent of Education shall provide an array of supports to assist local education agencies and schools to achieve the goals of §§ 38-236.03 through 38-236.05 and to adopt trauma-informed disciplinary practices. The OSSE shall provide local education agencies and schools with, among other supports, the following: (1) Guidance and materials that inform local education agencies and school communities about developments in the fields of school climates and behavioral management; (2) Regular, high-quality professional development opportunities and technical assistance, and recommendations for further instruction outside of these opportunities, for local education agency and school personnel on: (A) Trauma and chronic stress, their effects on students and learning, and effective responses; (B) Classroom management, positive behavioral interventions, and fostering positive school climate; (C) Disciplinary approaches that utilize instruction and correction; (D) Restorative practices and other evidence-based or promising behavioral interventions; (E) Implementation of high-quality functional behavior assessments, behavioral intervention plans, and manifestation determination reviews, as those terms are used in the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2745; 20 U.S.C. § 1400 et seq.); and (F) Implicit bias and culturally responsive corrective action techniques; (3) Opportunities for local education agencies and schools to share promising practices regarding the topics in paragraph (2) of this subsection; and (4) Technical assistance and supportive services to assist local education agencies and schools, as needed and in accordance with policies OSSE adopts, in reducing the use of exclusion by addressing the causes of student misconduct and the development and revision of disciplinary plans. (b) The OSSE shall collaborate with other government agencies, local education agencies and schools, and postsecondary educational institutions to facilitate the provision of postsecondary degree or certificate programs covering the topics described in subsection (a)(2) of this section, including the identification or creation of a trauma-informed educator certificate program. (c) For the purpose of providing local education agencies and schools the services set forth in subsection (a) of this section, the OSSE may: (1) Award a contract or grant to one or more nonprofit organizations; (2) Award contracts or competitive or formula grants to local education agencies, schools, or partnerships developed among schools or with nonprofit organizations; (3) Establish a memorandum of understanding with the Department of Behavioral Health or other District agency; or (4) Any combination of paragraphs (1) through (3) of this subsection. (c-1) Beginning October 1, 2019, and consistent with the recommendations in the Report of the Task Force on School Mental Health submitted March 26, 2018, the Department of Behavioral Health shall provide local education agencies and schools with non-instructional personnel who have specialized expertise in behavioral health and trauma-informed educational settings to provide local education agencies and schools with broader mental health services, including reducing the use of exclusion by addressing the causes of student misconduct and being available for consultation regarding the development and revision of disciplinary plans. (d) Within 2 years after August 25, 2018, and every 5 years thereafter, the OSSE shall submit to the Mayor and the Council an evaluative report on local education agency and school implementation of practices to promote school safety and reduce the use of exclusion, which shall: (1) Be based upon rigorous research techniques, including quantitative and qualitative methods; (2) Draw on the information maintained and reported pursuant to § 38-236.09, as well as other sources, with a particular focus on: (A) Ensuring the fidelity of data reporting; (B) Unanticipated consequences of the disciplinary policies and practices adopted pursuant to this part; (C) Barriers schools face in implementing the policies and practices required pursuant to this part; and (D) Effective approaches utilized by schools to avoid reliance on exclusion and reduce disparities in its use; (3) Provide specific recommendations for further action by the Council, executive branch, and schools; and (4) Provide suggestions for further research.  (September 19, 2013, D.C. Law 20-17, § 206; as added Aug. 25, 2018, D.C. Law 22-157, § 2(c), 65 DCR 7499; Oct. 30, 2018, D.C. Law 22-168, §§ 4062(b), 4064(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 4062(b), 66 DCR 8621.)  Applicability Applicability of D.C. Law 22-157: § 7151 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-157. Therefore the creation of this section by D.C. Law 22-157 has been implemented. Applicability of D.C. Law 22-157: § 4 of D.C. Law 22-157 provided that the creation of this section by § 2(c) of D.C. Law 22-157 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-157, see § 7151 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see § 4062(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-157, see § 7151 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see § 4062(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90-day) amendment of this section, see § 4064(a) of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).   For temporary (90-day) creation of this section, see § 4062(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).