reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1A - District of Columbia Public Schools › § 38–172. Mayor’s authority; rulemaking

§ 38–172. Mayor’s authority; rulemaking.
(a) The Mayor shall govern the public schools in the District of Columbia. The Mayor shall have authority over all curricula, operations, functions, budget, personnel, labor negotiations and collective bargaining agreements, facilities, and other education-related matters, but shall endeavor to keep teachers in place after the start of the school year and transfer teachers, if necessary, during summer break.
(b) The Mayor may delegate any of his authority to a designee as he or she determines is warranted for efficient and sound administration and to further the purpose of DCPS to educate all students enrolled within its schools or learning centers consistent with District-wide standards of academic achievement.
(c)(1) In accordance with Chapter 5 of Title 2, the Mayor shall promulgate rules and regulations governing DCPS, including rules governing the process by which the Mayor and DCPS will seek and utilize public comment in the development of policy.
(2) Proposed rules shall be submitted to the Council for a 45-day period of review. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.
(June 12, 2007, D.C. Law 17-9, § 103, 54 DCR 4102.)
Section References
This section is referenced in § 38-174.
Mayor's Orders
Transfer of Property—District of Columbia Public Schools, see Mayor’s Order 2008-104, July 29, 2008 ( 55 DCR 9386).
Transfer of the Hine Junior High School located at 302 8th Street, SE, Washington, D.C. from District of Columbia Public Schools to the Office of the Deputy Mayor for Planning and Economic, see Mayor’s Order 2010-62, April 23, 2010 ( 57 DCR 3510).
Transfer of Webb Elementary School located at 1375 Mount Olivet Road, NE, Washington, D.C. from District of Columbia Public Schools to the Department of Real Estate Services, see Mayor’s Order 2010-182, December 31, 2010 ( 57 DCR 12643).
Delegation of Authority
Delegation of the Mayor’s Authority under the Public Education Reform Amendment Act of 2007 to chair Special Community Meeting Relating to Reorganization and Rightsizing Plan for the District of Columbia Public Schools, see Mayor’s Order 2008-35, February 27, 2008 ( 55 DCR 5298).
Delegation of Authority—Director of the Department of Employment Services, see Mayor’s Order 2009-115, June 19, 2009 ( 56 DCR 6864).
Delegation of Official to Chancellor of the District of Columbia Public Schools (DCPS) to execute a Ground Lease for the Scott Montgomery School, see Mayor’s Order 2011-130, August 8, 2011 ( 58 DCR 7325).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1A - District of Columbia Public Schools › § 38–173. Budget requirements of the District of Columbia Public Schools. [Repealed]

§ 38–173. Budget requirements of the District of Columbia Public Schools. [Repealed]
Repealed.
(June 12, 2007, D.C. Law 17-9, § 104, 54 DCR 4102; Mar. 10, 2023, D.C. Law 24-300, § 201, 70 DCR 1021.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1A - District of Columbia Public Schools › § 38–174.01. Event sponsorships, sales of intellectual property and tickets; establishment of special fund

§ 38–174.01. Event sponsorships, sales of intellectual property and tickets; establishment of special fund.
(a) Notwithstanding any other provision of law, the Chancellor of the District of Columbia Public Schools may:
(1) Contract for advertisements for and sponsorships of District of Columbia Public Schools athletics programs or events, community engagement events, educational programs, or facilities improvements for the purpose of generating resources for the District of Columbia Public Schools;
(2) With the approval of the Mayor, sell or license intellectual property rights of the District for intellectual property created by the District of Columbia Public Schools for use by the District of Columbia Public Schools; and
(3) Sell tickets to District of Columbia Public Schools athletic events and school performances.
(b)(1) There is established as a special fund the District of Columbia Public Schools Sales and Sponsorship Fund ("Fund"), which shall be administered by the District of Columbia Public Schools in accordance with paragraph (3) of this subsection.
(2) Revenue from the following sources shall be deposited into the Fund:
(A) Contracts for advertisements for and sponsorships of athletics programs and events, community engagement events, educational programs, or facilities improvements entered into pursuant to subsection (a)(1) of this section;
(B) The sale or license of intellectual property rights pursuant to subsection (a)(2) of this section; and
(C) The sale of tickets to District of Columbia Public Schools athletic events and school performances pursuant to subsection (a)(3) of this section.
(3) Money in the Fund shall be used to support the operations of the District of Columbia Public Schools, including instruction, education programs, human resources, athletics, the arts, and community engagement.
(4)(A) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(June 12, 2007, D.C. Law 17-9, § 105a; as added Oct. 22, 2015, D.C. Law 21-36, § 4052, 62 DCR 10905; Oct. 30, 2018, D.C. Law 22-168, § 4042, 65 DCR 9388.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4042 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 4042 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 days) addition of this section, see § 4052 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1A - District of Columbia Public Schools › § 38–174.02. District of Columbia Public Schools Flexible Schedule Pilot

§ 38–174.02. District of Columbia Public Schools Flexible Schedule Pilot.
(a) In Fiscal Year 2024, DCPS shall provide up to $400,000 per school to 6 or more schools for the purpose of continuing, creating, or planning scheduling arrangements that allow for variation in instructional calendars and formats on a daily or weekly basis for the schools' educators while continuing to provide academic instruction to students.
(b) By February 15, 2024, DCPS shall provide a report to Council that:
(1) Accounts for Fiscal Year 2024 funds spent and anticipated to be spent pursuant to subsection (a) of this section;
(2) Explains whether DCPS anticipates exhausting appropriated funds by the end of the school year; and
(3) Identifies schools that requested to receive funds pursuant to subsection (a) of this section but were not selected and provides a justification for each school's exclusion.
(c) For the purposes of this section, the term "educator" includes a principal, assistant principal, teacher, assistant teacher, paraprofessional, school psychologist or counselor, all school service providers, or any person who provides professional educational services or education psychological services at a school.
(June 12, 2007, D.C. Law 17-9, § 105b; as added Sept. 6, 2023, D.C. Law 25-50, § 4182, 70 DCR 10366.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1A - District of Columbia Public Schools › § 38–175. Transfers; continuation

§ 38–175. Transfers; continuation.
(a) All functions, authority, programs, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Board of Education, as the local education agency, established pursuant to § 1-204.95 [repealed] for the purpose of providing educational services to residents of the District of Columbia are transferred to the Mayor.
(b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Board of Education and the District of Columbia Public Schools transferred to the Mayor under subsection (a) of this section shall continue in effect according to their terms until lawfully amended, repealed, or modified.
(June 12, 2007, D.C. Law 17-9, § 106, 54 DCR 4102.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1B - Department of Education › Subchapter I - General › § 38–192. Special education; reporting requirement

§ 38–192. Special education; reporting requirement.
Within 60 days of June 12, 2007, the Department of Education shall report to the Mayor and the Council on the status of:
(1) The Special Education Task Force, and the development of the Special Education Reform Plan, established pursuant to § 38-2551; and
(2) The implementation of the recommendations adopted by the Board of Education pursuant to the resolution Adopting the Recommendations of the Ad Hoc Committee on Special Education White Paper and Other Recommendations to Improve the Delivery of Special Education Services within the District of Columbia Public Schools, effective March 13, 2006 (Board of Education resolution SR06-22).
(June 12, 2007, D.C. Law 17-9, § 203, 54 DCR 4102.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1B - Department of Education › Subchapter I - General › § 38–195. Common Lottery Board Fund

§ 38–195. Common Lottery Board Fund.
(a) There is established as a special fund the Common Lottery Board Fund (“Fund”), which shall be administered by the State Superintendent of Education in accordance with subsections (c) and (d) of this section.
(b) Deposits into the Fund shall include:
(1) Appropriated funds;
(2) Gifts,
(3) Grants;
(4) Donations; and
(5) Cash proceeds for DC EdFest deposited pursuant to § 38-196.01(g).
(c)(1) Except as provided in paragraph (2) of this subsection, money in the Fund shall be used for the continued development and improvement of the common lottery system.
(2) Cash proceeds deposited pursuant to § 38-196.01(g), shall first be used to fund My School DC EdFest. Any excess funds shall be used in accordance with paragraph (1) of this subsection.
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(June 12, 2007, D.C. Law 17-9, § 206; as added Feb. 26, 2015, D.C. Law 20-155, § 4052(b), 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 4073, 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4092(b), 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4092(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 4092(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 days) addition of D.C. Law 17-9, § 206, see § 4052(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) addition of D.C. Law 17-9, § 206, see § 4052(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of D.C. Law 17-9, § 206, see § 4052(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 1B - Department of Education › Subchapter II - My School DC EdFest › § 38–196.01. My School DC EdFest sponsorship and advertising

§ 38–196.01. My School DC EdFest sponsorship and advertising.
(a) Notwithstanding any other provision of law, the State Superintendent of Education may enter into one or more written agreements for advertisements and sponsorships to fund My School DC EdFest, an annual citywide public school fair.
(b) No agreement pursuant to this section may require the District to expend funds.
(c) Only advertisements shall be agreed to in exchange for corporate goods, services, or funds.
(d) There shall be no limit to the value of goods, services, or funds that may be received from an organization, registered or not, or from an individual, regardless of whether the organization is located, or the individual resides, within the District of Columbia.
(e) Any sponsorship or advertisement pursuant to this section shall be memorialized by written agreement of the parties.
(f) The State Superintendent of Education shall keep an accounting of all goods, services, and funds received pursuant to this section and shall submit to the Mayor and to the Council of the District of Columbia a report accounting for all goods, services, and funds received pursuant to this section by April 30 of each year.
(g) The Chief Financial Officer shall deposit all cash proceeds received from advertisements and sponsorships pursuant to this section into the Common Lottery Board Fund established pursuant to § 38-195.
(Oct. 22, 2015, D.C. Law 21-36, § 4122, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4072, 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4093, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4093 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 4093 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I - School Attendance › Part B - Compulsory School Attendance › § 38–204. Census of minors

§ 38–204. Census of minors.
The Board, or its designee, shall conduct annually, or as frequently as may be found necessary or desirable, a complete census of all minors 3 years of age or more who permanently or temporarily reside in the District. The census record shall be amended from day to day as changes of residence occur among minors within the age group, as other persons come within or leave the age group, and as other persons within the age group become residents of or leave the District. The census record of minors shall give the full name, address, sex, and date of birth of each minor, the school attended by him or her and, if the minor is not at school, the name and address of his or her employer, if any, and the name, address, telephone numbers, if any, and occupation of each parent or guardian.
(Feb. 4, 1925, 43 Stat. 807, ch. 140, Art. II, § 1; renumbered as Art. II, § 3 and amended, Mar. 8, 1991, D.C. Law 8-247, § 2(a), 38 DCR 376.)
Prior Codifications
1981 Ed., § 31-404.
1973 Ed., § 31-208.
Section References
This section is referenced in § 38-1802.04, § 38-2605, and § 38-2901.
Cross References
Census duties of public charter schools, see § 38-1802.04.
Duties and responsibilities of charter schools under this section, see § 38-1702.05.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I - School Attendance › Part B - Compulsory School Attendance › § 38–205. Report of enrollments and withdrawals

§ 38–205. Report of enrollments and withdrawals.
By October 5 of each year, each public, independent, private, and parochial school shall report to the Office of the State Superintendent of Education the name, address, sex, and date of birth of each minor who resides permanently or temporarily in the District who is currently enrolled in their school. By the 5th of every month thereafter, each school shall report any changes in enrollment, including withdrawals, to the Office of the State Superintendent of Education.
(Feb. 4, 1925, 43 Stat. 807, ch. 140, Art. II, § 2; renumbered as Art. II, § 4 and amended, Mar. 8, 1991, D.C. Law 8-247, § 2(a), 38 DCR 376; Sept. 19, 2013, D.C. Law 20-17, § 303(c), 60 DCR 9839; July 26, 2016, D.C. Law 21-140, § 2(d), 63 DCR 8207.)
Prior Codifications
1981 Ed., § 31-405.
1973 Ed., § 31-209.
Effect of Amendments
The 2013 amendment by D.C. Law 20-17 substituted “principal, head teacher, or teacher who gives private instruction of each educational institution” for “principal, or head teacher of each public, independent, private, or parochial school, and each teacher who gives private instruction.”
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(d) 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(d) 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 this section, see § 303(c) of the Attendance Accountability Emergency Act of 2013 (D.C. Act 20-133, July 30, 2013, 60 DCR 11531, 20 DCSTAT 1973).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I - School Attendance › Part B - Compulsory School Attendance › § 38–206. Penalty for failure to provide correct information

§ 38–206. Penalty for failure to provide correct information.
Any parent, guardian, custodian, principal, or teacher of a minor who has reached the age of 3 years who willfully neglects or refuses to provide the information required by §§ 38-202 through 38-206, or who knowingly makes any false statement, shall be guilty of a misdemeanor.
(Feb. 4, 1925, 43 Stat. 807, ch. 140, Art. II, § 3; renumbered as Art. II, § 5 and amended, Mar. 8, 1991, D.C. Law 8-247, § 2(a), 38 DCR 376.)
Prior Codifications
1981 Ed., § 31-406.
1973 Ed., § 31-210.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I - School Attendance › Part B - Compulsory School Attendance › § 38–209. Reporting requirements

§ 38–209. Reporting requirements.
By July 15 of each year, beginning in 2014, the Office of the Attorney General shall submit to the Mayor and the Secretary to the Council a truancy status report on the preceding school year, which shall include the number of:
(1) Referrals it received from each educational institution;
(2) Cases it filed pursuant to this subchapter, and the outcome of each;
(3) Child-in-need of supervision cases filed pursuant to this subchapter, and the outcome of each; and
(4) Students who were enrolled in a court diversion program, or other diversion program pursuant to this subchapter.
(Feb. 4, 1925, ch. 140, Art. II, § 8; as added Sept. 19, 2013, D.C. Law 20-17, § 101(b)(2), 60 DCR 9839.)
Prior Codifications
2001 Ed., § 38-254.
Effect of Amendments
The 2013 amendment by D.C. Law 20-17 added this section.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I - School Attendance › Part C - Administration › § 38–211. Department of School Attendance and Work Permits — Creation. [Repealed]

§ 38–211. Department of School Attendance and Work Permits — Creation. [Repealed]
Repealed.
(Feb. 4, 1925, 43 Stat. 807, ch. 140, Art. III, § 1; Mar. 8, 1991, D.C. Law 8-247, § 2(b), 38 DCR 376.)
Prior Codifications
2001 Ed., § 38-207.
1981 Ed., § 31-411.
1973 Ed., § 31-211.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I - School Attendance › Part C - Administration › § 38–212. Department of School Attendance and Work Permits — Director; appointments. [Repealed]

§ 38–212. Department of School Attendance and Work Permits — Director; appointments. [Repealed]
Repealed.
(Feb. 4, 1925, 43 Stat. 808, ch. 140, Art. III, § 2; July 21, 1945, 59 Stat. 500, ch. 321, title V, § 21; Mar. 8, 1991, D.C. Law 8-247, § 2(b), 38 DCR 376.)
Prior Codifications
2001 Ed., § 38-208.
1981 Ed., § 31-412.
1973 Ed., § 31-212.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I - School Attendance › Part C - Administration › § 38–213. Court jurisdiction

§ 38–213. Court jurisdiction.
The Family Division of the Superior Court is hereby given jurisdiction in all cases arising under this subchapter.
(Feb. 4, 1925, 43 Stat. 808, ch. 140, Art. III, § 3; May 29, 1928, 45 Stat. 1006, ch. 908, § 26; July 29, 1970, 84 Stat. 578, Pub. L. 91-358, title I,§ 159(g).)
Prior Codifications
2001 Ed., § 38-209.
1981 Ed., § 31-413.
1973 Ed., § 31-213.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter I-A - Attendance Zone Boundaries › § 38–221. Attendance zone boundaries; establishment, modification, alteration

§ 38–221. Attendance zone boundaries; establishment, modification, alteration.
(a) Except as required due to a school closure or a consolidation of schools, upon Dec. 24, 2013, notwithstanding any other law or regulation, no approved establishment, modification, or alteration of any attendance zone boundary shall be implemented, or in any manner initiated, until the 2015-2016 school year or with less notice than a full school year to the parent or guardian of each affected student, whichever is greater; provided, that nothing in this section shall prohibit the Chancellor from proposing or implementing changes to school feeder patterns that would result in additional options in next-level schools for a feeder school.
(b) In calendar year 2023 and every 10 years thereafter, the Mayor shall complete a comprehensive review of District of Columbia Public Schools ("DCPS") student assignment policies. The review shall include and examination of and recommendations regarding the following:
(1) Student assignments to schools by right based on DCPS attendance zones and feeder pathways, including:
(A) Attendance zone boundaries;
(B) School feeder patterns; and
(C) By right admission to a zoned school for preK-3 and preK-4 students;
(2) Whether there is adequate capacity in zoned DCPS facilities, including whether there is adequate capacity at each of the following grade levels:
(A) Early childhood;
(B) Elementary school;
(C) Middle school; and
(D) High school; and
(3) Whether there is equitable access among District students to high-quality DCPS schools, including:
(A) Standards for out-of-boundary minimums;
(B) Placement priorities for students designated at-risk;
(C) Specialized and selective programs and schools;
(D) Modes of transportation by which students travel to school; and
(E) Other factors related to equitable access as considered appropriate by the Deputy Mayor for Education.
(Dec. 24, 2013, D.C. Law 20-61, § 4072, 60 DCR 12472; Sept. 21, 2022, D.C. Law 24-167, § 4092, 69 DCR 009223.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4092 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
For temporary (90 days) addition of this section, see § 4072 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) addition of this section, see § 4072 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Short Title
Section 4071 of D.C. Law 20-61 provided that Subtitle G of Title IV of the act may be cited as the “Attendance Zone Boundaries Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter II - Expulsion of Students › Part A - General › § 38–231. Expulsion of students who bring weapons into public schools

§ 38–231. Expulsion of students who bring weapons into public schools.
Absent extenuating circumstances, as determined on a case-by-case basis by the Superintendent of Schools, and consistent with the Individuals With Disabilities Education Act, approved October 30, 1990 (104 Stat. 1141; 20 U.S.C. 1400 et seq.), any student who brings a weapon into a District of Columbia Public School shall be expelled for not less than one year.
(Apr. 9, 1997, D.C. Law 11-174, § 2(a), 43 DCR 4500.)
Prior Codifications
1981 Ed., § 31-451.
Section References
This section is referenced in § 38-235.
Emergency Legislation
For temporary addition of subchapter, see § 2(a)-(d) of the Expulsion of Students Who Bring Weapons into Public Schools Emergency Act of 1996 (D.C. Act 11-289, July 1, 1996, 43 DCR 3711), § 2(a)-(d) of the Expulsion of Students Who Bring Weapons into Public Schools Congressional Review Emergency Act of 1996 (D.C. Act 11-398, October 9, 1996, 43 DCR 5692), § 2(a)-(d) of the Expulsion of Student Who Bring Weapons Into Public Schools Second Congressional Review Emergency Act of 1996 (D.C. Act 11-467, December 30, 1996, 44 DCR 172), and § 2(a)-(d) of the Expulsion of Students Who Bring Weapons Into Public Schools Congressional Review Emergency Act of 1997 (D.C. Act 12-22, March 3, 1997, 44 DCR 1770).
For temporary (90-day) authorization for payment of attorney fees, see § 2703 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) authorization for comprehensive special education transportation plans, see § 2732 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) authorization for payment of attorney fees, see §§ 2(c) and 3(c) of the Fiscal Year 2001 Budget Support Second Emergency Amendment Act of 2000 (D.C. Act 13-393, August 14, 2000, 47 DCR 7032).
For temporary (90 days) requirement that the Office of the State Superintendent of Education provide a suspension and expulsion report, see § 201 of the Attendance Accountability Emergency Act of 2013 (D.C. Act 20-133, July 30, 2013, 60 DCR 11531, 20 DCSTAT 1973).
Temporary Legislation
Section 2 of D.C. Law 11-173 enacted §§ 31-451 through 31-454, comprising subchapter II of Chapter 4 of Title 31 (1981 Ed.).
Section 4(b) of D.C. Law 11-173 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter II - Expulsion of Students › Part A - General › § 38–232. Reference to criminal justice or juvenile delinquency system

§ 38–232. Reference to criminal justice or juvenile delinquency system.
Pursuant to the Gun-Free Schools Act of 1994, approved October 20, 1994 (108 Stat. 3908; 20 U.S.C. 8921 et seq.) [repealed, see now 20 U.S.C. § 7151 ] the Superintendent of Schools shall refer to the criminal justice or juvenile delinquency system, simultaneous with expulsion, any student who is expelled for bringing a weapon into a District of Columbia Public School.
(Apr. 9, 1997, D.C. Law 11-174, § 2(b), 43 DCR 4500.)
Prior Codifications
1981 Ed., § 31-452.
Emergency Legislation
For temporary addition of subchapter, see note to § 38-231.
Temporary Legislation
See Historical and Statutory Notes following § 38-231.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter II - Expulsion of Students › Part A - General › § 38–233. Alternative educational programs

§ 38–233. Alternative educational programs.
The Board of Education shall provide to any student who is expelled from school in accordance with this subchapter an alternative educational program at the D.C. Street Academy, at another existing alternative educational program, or at any alternative educational program that may be established in the future. Not later than 90 days after the effective date of this subchapter:
(1) The Mayor and the Board of Education shall submit a report to the Council delineating a comprehensive plan for providing alternative educational services to a student who has been expelled from a District of Columbia Public School setting.
(2) The comprehensive plan shall include a description of the alternative education services to be provided to an expelled student, each location where the alternative education services shall be provided, and the estimated annual cost of providing the alternative education services.
(Apr. 9, 1997, D.C. Law 11-174, § 2(c), 43 DCR 4500.)
Prior Codifications
1981 Ed., § 31-453.
Emergency Legislation
For temporary addition of subchapter, see note to § 38-231.
Temporary Legislation
See Historical and Statutory Notes following § 38-231.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter II - Expulsion of Students › Part A - General › § 38–234. Definitions

§ 38–234. Definitions.
(a) For the purposes of this subchapter, the term “weapon” means a firearm and includes:
(1) Any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive:
(2) The frame or receiver of any weapon described in this subsection;
(3) Any firearm muffler or firearm silencer; or
(4) Any destructive device; the term “destructive device” means:
(A) Any explosive, incendiary, or poison gas;
(B) Bomb;
(C) Grenade;
(D) Rocket having a propellant charge of more than 4 ounces;
(E) Missile having an explosive or incendiary charge of more than a 1/4 ounce;
(F) Mine; or
(G) Any similar device.
(5) Any type of weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 an inch in diameter; and
(6) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraphs (e) and (f) of this paragraph and from which a destructive device may be readily assembled.
(b) The term “weapon” shall not include:
(1) An antique firearm;
(2) Any device which is neither designed nor redesigned for use as a weapon; or
(3) Any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.
(Apr. 9, 1997, D.C. Law 11-174, § 2(d), 43 DCR 4500.)
Prior Codifications
1981 Ed., § 31-454.
Emergency Legislation
For temporary addition of subchapter, see note to § 38-231.
Temporary Legislation
See Historical and Statutory Notes following § 38-231.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter II - Expulsion of Students › Part B - Report. [Recodified] › § 38–235. Suspension and expulsion report. [Recodified]

§ 38–235. Suspension and expulsion report. [Recodified]
Recodified as § 38-236.08.
(Sept. 19, 2013, D.C. Law 20-17, § 201, 60 DCR 9839; Aug. 25, 2018, D.C. Law 22-157, § 2(b), 65 DCR 7499.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter II - Expulsion of Students › Part B - Report. [Recodified] › § 38–236. Annual reporting requirements. [Recodified]

§ 38–236. Annual reporting requirements. [Recodified]
Recodified as § 38-236.09.
(September 19, 2013, D.C. Law 20-17, § 202; as added June 23, 2015, D.C. Law 21-12, § 3, 62 DCR 5942; Dec. 13, 2017, D.C. Law 22-33, § 4144, 64 DCR 7652; renumbered, § 209, Aug. 25, 2018, D.C. Law 22-157, § 2(b), (d), 65 DCR 7499.)
Applicability
Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4144 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 4144 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
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 › § 38–236.02. Application

§ 38–236.02. Application.
This part shall apply to the District of Columbia Public Schools and public charter schools, including the schools' pre-kindergarten programs.
(September 19, 2013, D.C. Law 20-17, § 202; as added Aug. 25, 2018, D.C. Law 22-157, § 2(c), 65 DCR 7499.)
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 › § 38–236.05. Exclusion of students with disabilities

§ 38–236.05. Exclusion of students with disabilities.
(a) School administrators shall take special consideration regarding the exclusion of a student with a disability.
(b) All of a student's disabilities, as defined in section 3(1)(A) and (B) of the Americans with Disabilities Act, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. § 12102(1)(A)-(B)), of which the school had knowledge shall be considered in a manifestation determination review conducted pursuant to section 615(k)(1)(E) of the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1415(k)(1)(E)).
(September 19, 2013, D.C. Law 20-17, § 205; as added Aug. 25, 2018, D.C. Law 22-157, § 2(c), 65 DCR 7499.)
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 › § 38–236.07. School Safety and Positive Climate Fund

§ 38–236.07. School Safety and Positive Climate Fund.
(a) There is established as a special fund the School Safety and Positive Climate Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education in accordance with subsection (c) of this section.
(b) Revenue from any annual appropriation shall be deposited into the Fund.
(c) Money in the Fund shall be used solely to support the activities described in § 38-236.06.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(September 19, 2013, D.C. Law 20-17, § 207; as added Aug. 25, 2018, D.C. Law 22-157, § 2(c), 65 DCR 7499.)
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) 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).
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 › § 38–236.08. Suspension and expulsion report

§ 38–236.08. Suspension and expulsion report.
Within 180 calendar days of September 19, 2013, the Office of the State Superintendent of Education shall submit to the Mayor and the Secretary to the Council a report with findings and recommendations to aid each educational institution to eliminate out-of-school suspensions and expulsions, except for those students who pose a reasonable threat of death or serious bodily harm to themselves or others or violate part A of this subchapter [§ 38-231 et seq.].
(Sept. 19, 2013, D.C. Law 20-17, § 201, 60 DCR 9839; renumbered, § 208, Aug. 25, 2018, D.C. Law 22-157, § 2(b), 65 DCR 7499.)
Prior Codifications
2001 Ed., § 38-235
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter III - Truancy and Dropout Prevention › § 38–241. Truancy and Dropout Prevention Program

§ 38–241. Truancy and Dropout Prevention Program.
(a) Subject to the availability of appropriations, the District of Columbia Board of Education, or its successor, and the District of Columbia Public Schools shall offer a Truancy and Dropout Prevention Program for students who are enrolled in the District of Columbia Public Schools system. The programs should be implemented on a full-time basis, work with local schools and parents, and provide resources that will help reduce absences and unexcused absences, and reduce dropout and increase retention rates.
(b) The program shall develop a supportive relationship with the Metropolitan Police Department.
(c) The program shall be available for students who are enrolled in grades K-12 and for students who are enrolled in ungraded classes in elementary, middle or junior high, and high schools.
(d) Notwithstanding any other law, nothing in this section shall be construed to create an entitlement to a truancy or dropout prevention program for any student.
(March 26, 1999, D.C. Law 12-175, § 1202, 45 DCR 7193.)
Prior Codifications
1981 Ed., § 31-471.
1981 Ed., § 31-1861.
2001 Ed., § 38-252.
Emergency Legislation
For temporary addition of subchapter see § 802 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794).
For temporary (90-day) addition of section, see § 802 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).
Short Title
District of Columbia Public Schools Truancy and Dropout Prevention Program Act of 1998: Section 1201 of D.C. Law 12-175 provided that title XII of the act may be cited as the “District of Columbia Public Schools Truancy and Dropout Prevention Program Act of 1998.”
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.02. Home and hospital instruction program

§ 38–251.02. Home and hospital instruction program.
(a) Beginning in school year 2022-2023, every LEA shall adopt and implement a home and hospital instruction program. Such a program shall:
(1) Be designed to promote a participating student's academic progress, allow the student to stay current with classroom instruction in core subjects to the greatest extent possible, foster coordination between the student's classroom teachers and the home or hospital instructors, and facilitate the rapid reintegration into classroom instruction when the student returns to school; and
(2) Ensure coordination of home or hospital instruction with any special education services, IEP, or Section 504 plan the student receives or is eligible to receive and the continued provision of any special education and related services and accommodations to the student.
(b) Every LEA shall designate at least one employee to manage the LEA's home and hospital instruction program.
(c) Nothing in this subchapter shall alter an LEA's obligations under IDEA, Section 504, or the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101
et seq.
).
(Mar. 16, 2021, D.C. Law 23-204, § 3, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 3 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.04. Termination or extension of home or hospital instruction

§ 38–251.04. Termination or extension of home or hospital instruction.
(a) Except as provided in subsection (b) of this section, a student's home or hospital instruction shall last no longer than the estimated duration of the student's health condition, as provided in the student's medical certification of need, or 60 days, whichever is less.
(b) A parent may extend a student's home or hospital instruction for additional periods of no more than 60 days each by submitting a medical recertification of need at least 5 days before the date on which the parent desires the extension to commence. A medical recertification of need shall not be required to be submitted for home or hospital instruction that occurs during a period of less than 60 days from the date home or hospital instruction commences.
(Mar. 16, 2021, D.C. Law 23-204, § 5, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 5 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.05. Mediation and appeals process

§ 38–251.05. Mediation and appeals process.
(a) OSSE shall administer an appeals and mediation process for the denial of an application for home or hospital instruction submitted pursuant to § 38-251.03 or § 38-251.04.
(b) A parent has a right to appeal the approval or denial decision made by the LEA. The appeals and mediation process is as follows:
(1) A parent shall submit a written request for an appeal to OSSE within 10 days of receipt of the LEA's written decision. The request for an appeal shall include a copy of the medical certification of need in support of the request for home or hospital instruction and a copy of the LEA's decision, as well as any other information required by OSSE in its published policies.
(2) OSSE shall provide mediation between the LEA and the parent. If the mediation fails to resolve the issues raised by the appeal within 8 school days following receipt of the appeal or such other time as mutually agreed to by the parties, the appeal shall be reviewed by a 3-member appeals panel within OSSE. In the event the matter is referred to the appeals panel, the parent may request an opportunity to be heard before the panel.
(3) The parent shall have the burden of proof on appeal to the appeals panel; provided, that there shall be a presumption in favor of the medical opinion set forth in the medical certification of need submitted in support of the request for home or hospital instruction. The LEA shall have the burden of proof in seeking to rebut this presumption through the submission of evidence from a qualified health care professional.
(4) The appeals panel shall issue a written response to the parent's request for an appeal no later than 10 school days following receipt of the appeal.
(5) The LEA shall implement the decision of the appeals panel no later than 5 days following its issuance.
(Mar. 16, 2021, D.C. Law 23-204, § 6, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 6 of D.C. Law 23-204 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.