2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter II - Expulsion of Students › Part C - Student Discipline › § 38–236.04. Limitations on exclusion as a disciplinary action

§ 38–236.04. Limitations on exclusion as a disciplinary action.
(a) Unless otherwise required by federal or District law:
(1) Beginning in school year 2019-2020, for students in grades kindergarten through 5, and school year 2020-2021 for students in grades 6 through 8, no student may be subject to an out-of-school suspension or disciplinary unenrollment, unless a school administrator determines, consistent with school policy, that the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person, including behavior that happens off school grounds;
(2) Beginning in school year 2020-2021, no student in grades 9 through 12, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for:
(A) Violating local education agency or school dress code or uniform rules;
(B) Willful defiance; or
(C) Behavior that happens off school grounds and not as part of a school-sponsored activity, unless the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person.
(b) No student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension for longer than:
(1) Five consecutive school days for any individual incident in grades kindergarten through 5;
(2) Ten consecutive school days for any individual incident in grades 6 through 12; or
(3) Twenty cumulative school days during an academic year regardless of grade, unless:
(A) The head of a local education agency provides a written justification to the student and parent describing why exceeding the 20-day limit is a more appropriate disciplinary action than alternative responses; or
(B) The student's conduct necessitated an emergency removal, and the head of the local education agency provides a written justification for the emergency removal to the student and parent.
(c) No student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for an unexcused absence or a late arrival to school; provided, that a student may be unenrolled from a local education agency if the student has accumulated 20 or more consecutive full-school-day unexcused absences.
(d) No student subject to a suspension may be denied the right to continue to access and complete appropriate academic work or to earn credit toward promotion or graduation during a suspension.
(e) The return of a student to school upon conclusion of an out-of-school suspension shall not be made contingent on a parent accompanying the student, attending a conference, or otherwise being present at the school.
(f) Notwithstanding whether a school or local education agency states the reasoning for the removal from school or prohibition from returning to school, no student may be removed from school or prohibited from returning to school for disciplinary reasons, unless the student is subject to an out-of-school suspension or disciplinary unenrollment.
(g) For purposes of due process, a suspension of 6 school days or more shall be considered a long-term suspension.
(h) Repealed.
(September 19, 2013, D.C. Law 20-17, § 204; as added Aug. 25, 2018, D.C. Law 22-157, § 2(c), 65 DCR 7499; Oct. 30, 2018, D.C. Law 22-168, § 4062(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 4062(a), 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 subsections (a) and (b) 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 subsections (a) and (b) 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(a) 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(a) 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 § 4062(a) of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).