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 › § 38–208. Truancy procedures; inter-agency coordination

§ 38–208. Truancy procedures; inter-agency coordination.
(a) Repealed.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.
(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 violation of the school attendance requirements under this subchapter.
(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. 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.)
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 § 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 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 § 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).