State law encourages or requires districts to address truancy or chronic absenteeism through the provision of comprehensive student support services.
Attendance and Truancy Resources for Schools
This webpage provides information on statutory requirements for DC schools regarding attendance and truancy as well as resources to support LEAs in promoting school attendance.
Code of the District of Columbia 38-201. Definitions.
For the purposes of this subchapter, the term: (3B) “School-based student support team” means a team formed to support the individual student by developing and implementing action plans and strategies that are school-based or community-based, depending on the availability, to enhance the student’s success with services, incentives, intervention strategies, and consequences for dealing with absenteeism.
Code of the District of Columbia 38-208. Truancy procedures; inter-agency coordination.
(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:
- (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(a-1), 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.
Code of the District of Columbia 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.
Code of the District of Columbia 38–2602. Responsibilities.
(b) The OSSE shall:
- (19) By August 1, 2013, create a truancy prevention resource guide for parents and legal guardians who have children who attend a District public school, which shall be updated and made available upon request and, at minimum, include:
- (A) An explanation of the District’s laws and regulations related to absenteeism and truancy;
- (B) Information on:
- (i) What a parent or legal guardian can do to prevent truancy;
- (ii) The common causes of truancy; and
- (iii) Common consequences of truancy;
- (C) A comprehensive list of resources that are available to a parent or legal guardian, and the student, that address the common causes of truancy and the prevention of it, such as:
- (i) Hotlines that provide assistance to parents, legal guardians, and youth;
- (ii) Counseling for the parent (or legal guardian) or the youth, or both;
- (iii) Parenting classes;
- (iv) Parent-support groups;
- (v) Family psycho-education programs;
- (vi) Parent-resource libraries;
- (vii) Risk prevention education;
- (viii) Neighborhood family support organizations and collaboratives that provide assistance to families experiencing hardship;
- (ix) Behavioral health resources and programs in schools;
- (x) The Behavioral Health Ombudsman Program; and
- (xi) The resources at each public school for at-risk students and their parents or legal guardians;
District of Columbia Municipal Regulations 2500 General Policy
2500.1 It is the policy of D.C. Public Schools (DCPS) that a safe environment conducive to learning shall be maintained. To build and maintain this environment, DCPS shall provide students, families, and staff with clear expectations and rules for appropriate school behavior. These rules must balance the responsibilities and rights of individuals and the responsibilities and rights of the school community. These rules must reflect the individual's responsibility for contributing to a safe environment conducive to learning and the need for mutual respect and cooperation among all segments of the school community.
2500.2 DCPS is committed to helping students learn the expectations and rules for appropriate school behavior and the range of disciplinary responses for inappropriate or disruptive behavior. DCPS will recognize and encourage students who exhibit appropriate, non-disruptive behavior. DCPS will encourage prevention and intervention strategies to prevent inappropriate behavior. To that end all available resources, subject to budgetary limitations, shall be utilized, including preventive and responsive interventions that support students' needs.
2500.3 When a student's behavior disrupts the school community's safe learning environment, DCPS will use a range of disciplinary responses intended to change and manage inappropriate behavior. In administering disciplinary responses, DCPS will work with students to correct inappropriate behavior. Students will be enabled and encouraged to reflect on their actions, to learn from mistakes, and to restore any relationships that have been negatively impacted.
2500.4 Whenever possible, prevention, intervention, and remediation strategies shall be used in addition to disciplinary responses at all stages of the disciplinary process, including students transitioning from Suspension or Expulsion.
2500.5 DCPS shall involve family members in efforts to determine the causes of misbehavior and in efforts to support appropriate school behavior.
2500.6 Options for prevention, intervention, and remediation shall include, but not be limited to: (a) Anger management; (b) Attendance intervention plans; (c) Behavior intervention plan; (d) Behavior log/behavior progress report; (e) Behavior redirection; (f) Community conference; (g) Community service; (h) Conflict resolution; (i) Crime awareness/prevention programs; (j) Diverse instructional strategies; (k) In-school program restructuring (schedule change); (l) Individual or group counseling; (m) Intervention by guidance counselor or mental health professional; (n) Mediation, including teacher/student mediation and multi-party dispute resolution; (o) Mentoring; (p) Parent conference; (q) Parent observation of student; (r) Positive feedback for appropriate behavior; (s) Positive behavior supports (t) Problem solving conferences; (u) Referral to community based organizations; (v) Referral to substance abuse counseling service; (w) Rehabilitative programs; (x) Restitution; (y) Restorative justice strategies; (z) Social skills instruction; (aa) Student support team meeting; and (bb) Other appropriate intervention strategies.
2500.7 DCPS decisions regarding student behavior and discipline shall respect individuals, balance the interests of the school community, and minimize disruption of academic instruction.
2500.8 DCPS shall provide a fair and consistent approach to student discipline within the context of students' rights and responsibilities, as further articulated in these rules.
2500.9 Disciplinary responses shall be logical, appropriate, and instructive. Disciplinary responses shall consider factors such as: (a) The nature of the infraction; (b) Circumstances relating to the infraction; (c) The age of the student; (d) The student's previous behavioral history; (e) Previous participation in counseling or conflict resolution efforts such as peer mediation; (f) Whether injury occurred; (g) Whether a weapon or controlled substance was involved; (h) The safety of other students and staff; (i) The educational needs of other students; (j) The educational needs of the student to be disciplined (including those enumerated in an IEP or a plan issued pursuant to § 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 355; 29 U.S.C. § 794)); and (k) Extenuating circumstances.
2500.10 Disciplinary responses, as defined in § 2502 of this chapter, shall be aimed, to the extent practicable under the circumstances, to enable students to continue their instructional program.
2500.11 Staff shall implement disciplinary responses in a progression, beginning with the least severe appropriate response, within the range of permissible disciplinary responses as enumerated in § 2502.
2500.12 Disciplinary responses shall include, but not be limited to, the following strategies: (a) Verbal redirection/reprimand; (b) Teacher/student conference; (c) Parental contact (written or by phone); (d) Parent conference; (e) Temporary Removal of Student from Classroom; (f) In-School Disciplinary Action; (g) Behavior contract; (h) Grade reduction for Academic Dishonesty only; (i) On-site Short-Term Suspension (one (1) - five (5) school days for Secondary students or one (1) - three (3) school days for Elementary students); (j) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence; (k) Off-site Medium-Term Suspension (six (6) - ten (10) school days), except in response to unexcused tardiness or absence; (l) Off-site Long-Term Suspension (eleven (11) - ninety (90) school days), except in response to unexcused tardiness or absence; and (m) Expulsion (off-site Suspension for one calendar year).
2500.13 Except for those corrective and disciplinary measures permitted pursuant to § 2408 of this title, involuntary transfers pursuant to Chapter 21 shall not be used as a disciplinary response.
2500.14 Students shall receive adequate and timely notification of student infractions and disciplinary responses.
2500.15 A copy of the DCPS policies and rules regarding student discipline shall be distributed or made available to students and parents within thirty (30) days after the start of each school year or upon initial enrollment, whichever occurs later.
2500.16 A copy of the DCPS policies and rules regarding student discipline shall be distributed or made available to school staff within thirty (30) days after the start of each school year, or upon initial employment, whichever occurs later.
2500.17 All oral communications, including conferences, appeals, and hearings conducted with any student, parent, or guardian shall be conducted with interpretation services when necessary to ensure effective communication. Interpretation service shall include a qualified interpreter, as that term is defined in D.C. Official Code § 2-1901 (2007 Rpl.) or DCPS staff member who is fluent in the individual's native language. A certified sign language interpreter shall be provided for any student, parent, or guardian who is deaf or hard of hearing upon request.
2500.18 All written documents concerning the disciplinary process shall be considered vital documents and provided to any student, parent, or guardian in a format that he or she can understand. For individuals with Limited or No-English Proficiency, documents shall be provided in the individual's native language. For individuals with vision impairments, reasonable accommodations shall be made to provide documents in a manner accessible to the individual, including but not limited to Braille, large type, audio recording, or some other suitable electronic media.
District of Columbia Municipal Regulations 2502 Grounds for Disciplinary Action
2502.1 Tier I behaviors are those behaviors that are insubordinate or cause minor disruptions to the academic environment but do not involve damage to school property or harm to self or others. Tier I behaviors result in classroom-level disciplinary responses that may be elevated to administrative response if they are not successfully abated by the teacher or the appropriate school-level committee.
(a) The following behaviors shall be considered Tier I behaviors: (1) Refusal to present school-issued identification upon request; (2) Attending class without required class materials or assigned work; (3) Off-task behaviors that demonstrate disengagement from classroom learning; (4) Behaviors that disrupt or interfere with classroom teaching and learning; (5) Unexcused lateness for school or class; (6) Inappropriate displays of affection; (7) Excessive noise in the classroom, hall, or school building; (8) Running in the classroom, hall, or school building; (9) Communicating with staff and peers in a manner that is not polite, courteous, or respectful; (10) Directing profanity or obscene/offensive gestures toward peers; (11) Refusal to comply with staff instructions, or classroom or school rules; and (12) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that is insubordinate or causes minor disruption to the academic environment but does not involve damage to school property or harm to self or others.
(b) Disciplinary responses for Tier I behaviors shall include: (1) Verbal redirection or reprimand; (2) Teacher/student conference; (3) Parental contact in writing or by phone; (4) Teacher/parent conference; (5) Temporary Removal of Student from Classroom; (6) In-School Disciplinary Action; (7) Behavior contract; and (8) Other school-based consequences as approved by a person designated by the Chancellor.
2502.2 Tier II behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause disruption to the academic environment, involve damage to school property, or may cause minor harm to self or others. Tier II behaviors result in school-based and administrative disciplinary responses.
(a) The following behaviors shall be considered Tier II behaviors: (1) Using computer/office equipment without permission; (2) Intentional Misuse of School Equipment/Supplies/Facilities; (3) Unauthorized use of portable electronic devices during school hours (e.g. mp3 players, cell phones); (4) Non-compliance with approved dress code/uniform policy; (5) Leaving classroom without permission; (6) Unexcused absence from class; (7) Unauthorized presence in hallway during class time; (8) Unexcused absence from school; (9) Inappropriate or disruptive physical contact between students; (10) Directing profanity or obscene/offensive gestures toward staff; (11) Throwing objects that may cause injury or damage to property; (12) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes disruption to the academic environment, involves damage to school property, or may cause minor harm to self or others; and (13) Documented Pattern of Persistent Tier I Behavior.
(b) Disciplinary responses for Tier II behaviors shall include: (1) Verbal redirection or reprimand; (2) Teacher/student or administrator/student conference; (3) Parental contact in writing or by phone; (4) Administrator/parent conference; (5) Temporary Removal of Student from Classroom; (6) In-School Disciplinary Action; (7) Behavior contract; (8) Other school-based consequences as approved by a person designated by the Chancellor; and (9) In the case of non-compliance with an approved dress code or uniform policy, disciplinary actions described in section 2408.16 of this title.
2502.3 Tier III behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause significant disruption to the academic environment or cause harm to self or others. In addition to lesser consequences, Tier III behaviors may result in either on-site or off-site Suspension.
(a) The following behaviors shall be considered Tier III behaviors: (1) Inappropriate Use of DCPS Computer or Network (restricted websites, offensive emails); (2) Sale or Distribution of any item without authorization; (3) Possession or Distribution of obscene or pornographic material on school premises; (4) Possession or Use of tobacco; (5) Use of alcohol; (6) Use of marijuana, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, or drug paraphernalia; (7) Unauthorized Possession, Use, or Distribution of over-the-counter medication; (8) Verbal, written, or physical Threat to person or property (including intimidating postures); (9) Obscene, seriously offensive, or abusive language or gestures; (10) Causing disruption on school property or at any DCPS-sponsored or supervised activity; (11) Gambling; (12) Communicating slurs based on actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business, including derogatory sexual language; (13) Engaging in Sexual Acts on school premises or at school-related functions; (14) Leaving school without permission; (15) Academic Dishonesty; (16) Forgery; (17) Lying to or giving misleading information to school staff; (18) Posting or distributing material or literature that is disrespectful, demeaning, humiliating, or damaging to students and/or staff. This includes posting material on internet or sending material electronically (via email or cell phone); (19) Engaging in behavior that demonstrates Gang/neighborhood crew affiliation (displaying clothing or gestures associated with Gangs); (20) Hazing; (21) Bullying, or using humiliating, or intimidating language or behavior, including Internet Bullying; (22) Possession of tools or instruments which school administrators deem could be used as weapons; (23) Engaging in reckless behavior that may cause harm to self or others; (24) Extortion; (25) Fighting where there is no injury and no weapon; (26) Trespassing; (27) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes significant disruption to the academic environment or causes harm to self or others; (28) Documented Pattern of Persistent Tier II Behavior
(b) Disciplinary responses for Tier III behaviors shall include: (1) Verbal redirection/reprimand; (2) Teacher/student conference or administrator/student conference; (3) Parental contact (written or by phone); (4) Parent conference; (5) Temporary Removal of Student from Classroom; (6) Behavior contract; (7) In-School Disciplinary Action; (8) Grade reduction for Academic Dishonesty; (9) On-site Short-Term Suspension with provision of appropriate intervention services; (10) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence; and (11) Off-site Medium-Term Suspension, except in response to unexcused tardiness or absence.
2502.4 Tier IV behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause disruption to the school operation, destroy school property, or cause significant harm to self or others. Tier IV behaviors result in off-site Suspension.
(a) The following behaviors shall be considered Tier IV behaviors: (1) Acts of vandalism, destruction of property, or graffiti (tagging); (2) Documented theft of school or personal property without force; (3) Interfering with school authorities or participating in a major disruption of the school's operation. (4) Tampering with, changing, or altering an official record or document of a school; (5) Persistent Harassment based on actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business; (6) Lewd or indecent public behavior or sexual misconduct; (7) Sexual Harassment; (8) Retaliation for reporting Harassment and Sexual Harassment; (9) Fighting which creates substantial risk of or results in minor injury; (10) Inciting others to violence or disruption; (11) Activating False Alarm; (12) Contaminating food; (13) Possession of a weapon or replica or imitation of a weapon (including water guns), other than weapons subject to the requirements of the Gun-Free Schools Act; (14) Using an article that is not normally considered a weapon to intimidate or threaten another individual; (15) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes disruption to the school operation, destroys school property, or causes significant harm to self or others; and (16) Documented Pattern of Persistent Tier III Behavior enumerated at 2502.3(a)(1) through (27).
(b) Disciplinary responses for Tier IV behaviors include: (1) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence; (2) Off-site Medium-Term Suspension, except in response to unexcused tardiness or absence; and (3) Off-site Long-Term Suspension, except in response to unexcused tardiness or absence.
2502.5 Tier V behaviors are those behaviors not specifically enumerated in any other tier in this chapter that are illegal, cause significant disruption to the school operation, or cause substantial harm to self or others. Tier V behaviors result in off-site Suspension or Expulsion. (a) The following behaviors shall be considered Tier V behaviors: (1) Acts of Exceptional Misconduct at other schools; (2) Vandalism/destruction of property over $ 500; (3) Selling or Distribution of marijuana, prescription drugs, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, controlled or drug paraphernalia; (4) The Possession or Distribution of alcohol; (5) The Possession of drug paraphernalia or controlled substance, irrespective of the amount or type, pursuant to the criminal statutes of the District of Columbia, codified at D.C. Official Code § 48-1101 et seq. (2001) (6) Causing serious disruption or damage to school's computer systems, electronic files, or network; (7) Possession of fireworks or explosives; (8) Theft or attempted theft using force, coercion, intimidation, or Threat of violence; (9) Assault or physical attack on student or staff; (10) Fighting which results in a serious physical injury; (11) Participating in group fight which has been planned, causes major disruption to school day or results in substantial bodily injury; (12) Using an article that is not normally considered a weapon to injure another individual; (13) Use, threatened use, or transfer of any weapon; (14) Use, Possession, or bringing to school a loaded or unloaded firearm, as defined in 18 U.S.C. § 921 (2000), including but not limited to pistols, blank pistols, starter pistols, revolvers, rifles, and shotguns. (15) Any behavior that violates the Gun-Free Schools Act; (16) Deliberate acts that cause severe physical injury to another person (s). (17) Assault with a weapon; (18) Commission or attempted commission of any act of sexual assault or sexual aggression; (19) Arson; (20) Biohazard; (21) Bomb threat; (22) Any other intentional use of violence, force, coercion, Threats, intimidation, or other comparable conduct which causes or attempts to cause severe physical injury, substantial disruption, or obstruction of any lawful mission, process, or function of the D.C. Public Schools; (23) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that is illegal, causes significant disruption to the school operation, or causes substantial harm to self or others; and (24) Documented Pattern of Persistent Tier IV Behavior.
(b) Disciplinary responses for Tier V behaviors include: (1) Off-site Long-Term Suspension, except in response to unexcused tardiness or absence; and (2) Expulsion. (c) Weapons include, but are not limited to: (1) Weapons enumerated in D.C. Official Code § 22-4514 (2001); (2) Firearms as enumerated in 18 U.S.C. § 921 (2000); (3) Knives (e.g. bowie, dirk, lock-blade, hunting, pen, pocket, switchblade, utility, boxcutter, etc.); (4) Martial arts devices (e.g. Chinese stars, 'nunchucks', etc.); (5) Air gun, bb gun, paintball gun; (6) Other weapons or instruments designed to be or commonly used as weapons (e.g., chains, clubs, knuckles, night stick, pipes, studded bracelets); (7) Mace, pepper spray, tear gas; (8) Explosives; (9) Slingshot; (10) Bullets; (11) Chemical weapon; and (12) Razorblade or razor.
District of Columbia Municipal Regulations 5-A2103 Absentee Intervention and School-Based Student Support Teams
2103.1 An educational institution shall implement a specific protocol for absenteeism (absenteeism protocol) including a focus on prevention of unexcused absences, also referred to as truancy, and academic and behavioral interventions to address the needs of students. 2103.2 Each LEA shall incorporate evidence-based practice into its absenteeism protocol, considering procedures to address the following: (a) A description of valid excused absences consistent with this chapter; (b) A process for informing, training, and educating school staff, students, parents, guardians, and the community with regard to enhancing school attendance, implementing truancy reduction methods, administering attendance policies and procedures, and related collaborative services; and (c) Procedures for monitoring, reporting, addressing, and evaluating attendance and absences consistent with District of Columbia attendance and absence reporting requirements including: (1) A procedure requiring reasonable and diligent attempts to make personal contact with the parent or guardian of a student, on the same day and each time a student has the equivalent of one (1) day of unexcused absence, with daily follow-ups as necessary; (2) A continuum of school practices and services including meaningful supports, incentives, intervention strategies, and consequences for dealing with absenteeism and consultation with parents or guardians, both at the onset of absenteeism and in those circumstances where chronic absenteeism persists, which continuum shall not include off-site suspension and/or expulsion as intervention strategies; (3) A referral process whereby within two (2) school days after a student has accumulated five (5) or more unexcused absences in one (1) marking period or other similar time frame, the student shall be referred to a school-based student support team which will meet within five (5) school days of the referral and regularly thereafter to: (A) Review and address the student's attendance and determine the underlying cause(s) for the student's unexcused absences; (B) Employ reasonable and diligent efforts to communicate and to collaborate with the student and parents or guardian; (C) Communicate and collaborate with the student's existing Individualized Education Program (IEP) team, as applicable; (C) Provide timely response to the student's truant behavior; (D) Make recommendations for academic, diagnostic, or social work services; (E) Use school and community resources to abate the student's truancy including referral to a community-based organization when available; and (F) Develop and implement an action plan in consultation with the student and student's parents or guardian; (4) A student who accumulates ten (10) unexcused absences at any time during a school year shall be considered to be chronically truant. The school-based student support team assigned to the student shall notify the school administrator within two (2) school days after the tenth (10th) unexcused absence with a plan for immediate intervention including delivery of community-based programs and any other assistance or services to identify and address the student's needs on an emergency basis; (5) A process including specific due process procedures, for a parent, guardian, or student to appeal any attendance violation decisions made by the educational institution; and (6) A process to ensure that the LEA maintains complete, accurate, and contemporaneous records of the work of the school-based student support team to reduce unexcused absences, including records of all meetings that take place after a student accumulates five (5) or more unexcused absences in one (1) marking period or other similar time frame and after a student accumulates ten (10) unexcused absences at any time during a school year. 2103.3 In addition to the report required at the end of each school year pursuant to D.C. Official Code § 38-203(i), an educational institution shall provide, upon request, student-level data and records evidencing the work of school-based student support teams. 2103.4 A school-based student support team shall be guided by the following principles: (a) Prior to performing school-based student support team functions, appointed team members shall be provided training on the compulsory attendance laws, regulations, and policies of the District of Columbia and OSSE; absenteeism and truancy intervention strategies and best practices; and available remedies and services to ameliorate the causes of absenteeism and truancy; (b) A school-based student support team shall include the educational institution's designated attendance monitor; (c) Core school-based student support team membership should typically include a: (1) General education teacher; (2) School nurse, psychologist, counselor, and/or social worker, if applicable; and (3) School administrator with decision-making authority. (d) Selection of additional members of a team should be guided by the needs of the particular student, which may include the following: (1) IDEA/Section 504 coordinator and/or special education personnel; (2) Early learning/Head Start teacher; (3) Bilingual or English as a second language teacher; (4) Representatives of CFSA and/or Department of Youth Rehabilitation Services (DYRS); (5) McKinney-Vento homeless liaison; and/or (6) Guardian ad litem. 2103.5 Each educational institution shall develop a process to refer students to District of Columbia entities under the following circumstances: (a) Students ages five (5) through thirteen (13) shall be referred by the educational institution to the Child and Family Services Agency not later than two (2) business days after the accrual of ten (10) unexcused absences within a school year; and (b) Beginning in the 2013-14 school year, students ages fourteen (14) through seventeen (17) shall be referred by the educational institution to the Court Social Services Division of the Superior Court of the District of Columbia and to the Office of Attorney General Juvenile Section no later than two (2) business days after the accrual of fifteen (15) unexcused absences within a school year. 2103.6 Copies of the following documents shall be provided with a referral made pursuant to this chapter: (a) The student's attendance and absence record; (b) Any prevention and intervention plans; (c) Documentation related to referrals and outcome of such referrals; (d) Documentation representing evidence of communications, services, and attendance related interventions taken by the school; (e) Documentation of suspected educational neglect; (f) Documentation of personal contacts with, and written notification to, parents or guardians with regard to the unexcused absences; and (g) If applicable, the student's Individualized Education Program pursuant to IDEA or Section 504 services plan, with any supporting evaluations or assessments.
District of Columbia Municipal Regulations 5-B2103. Truancy.
2103.1 District of Columbia Public Schools (DCPS) elementary and secondary students who have one unexcused absence from homeroom where attendance has been taken for purposes of the Compulsory School Attendance Act shall receive appropriate absenteeism protocol interventions initiated by classroom or homeroom teachers, pursuant to the Act.
2103.2 Half-day schedules for students attending DCPS are governed by the following requirements: (a) Half day schedules are permitted for employed students aged seventeen (17) or older whose hours of employment fall within the regular school day; (b) Half day schedules are permitted for secondary students attending one of the local colleges or universities; (c) In order for a half-day schedule to be approved, the student's employment and work hours or college schedule must be verified by the local school. Students who are not employed or attending one of the local colleges or universities will have a full course schedule, as will those whose employment begins after regular school hours.
2103.3 DCPS students accumulating thirty (30) or more unexcused absences within a full school year shall only be promoted if they meet an exception set forth in D.C. Official Code §§ 38-781.02(c) or 38-781.05.
2103.4 DCPS secondary students with ten (10) unexcused absences in any class shall receive an initial written notice that they are at risk of receiving a grade of "FA" (failure due to absences) in that subject upon accumulating more than thirty (30) unexcused absences unless an exception applies.
2103.5 DCPS secondary students with fifteen (15) unexcused absences in any class shall receive an additional written warning that they are at risk of receiving a grade of "FA" (failure due to absences) in that subject upon accumulating more than thirty (30) unexcused absences.
2103.6 DCPS secondary students accumulating more than thirty (30) unexcused absences in a course within a full school year shall receive a failing final grade in that course with a resulting loss of course credit.
2103.7 A written appeal may be filed by a parent or student on behalf of any student receiving a failing grade(s) due to unexcused absences.
2103.8 An appeal filed pursuant to § 2103.7 shall be submitted to the principal of the school attended or to a designee of the Chancellor within ten (10) school days after receipt of the failing grade(s).
2103.9 Upon receipt of an appeal filed pursuant to § 2103.7, the principal or Chancellor's designee shall appoint an Appeals Panel and shall forward all written appeal requests to the panel chairperson within three (3) school days.
2103.10 The Appeals Panel referenced in § 2103.9 shall consist of not less than three (3) members to be selected from the following, one of which shall be from category (a): (a) A person designated by the principal or Chancellor's designee, who shall be the panel chairperson; (b) A guidance counselor; (c) A department chairperson; (d) A teacher, other than the one involved in the matter being appealed; (e) An attendance staff person; or (f) A representative from DCPS central office administration.
2103.11 Substitutions of no more than two (2) members of the Appeals Panel described in § 2103.10 may be made when necessary.
2103.12 The Appeals Panel shall hold a hearing within ten (10) school days after its appointment by the principal or Chancellor's designee.
2103.13 The student, his or her parent, guardian or duly authorized representative shall appear at the hearing to represent the student. One of these individuals shall be given the opportunity to present the student's case and, upon request, to question the involved teacher and to be duly informed of the panel's recommendations.
2103.14 Each appeals panelist, including the chair, shall have an equal vote; however, two (2) voting members can render a decision.
2103.15 In the case of a tie vote, the initial grade is deemed to be upheld by the Appeals Panel.
2103.16 The Appeals Panel's recommendation shall be forwarded immediately to the principal or Chancellor's designee who shall issue the Panel's decision within ten (10) school days after the hearing.
2103.17 The student, his or her parent or guardian, or duly authorized representative may appeal the decision of the Appeals Panel by writing to the Chancellor's official grade appeal designee within ten (10) school days after receipt of the decision.
2103.18 When an appeal is filed pursuant to § 2103.17, the Chancellor's official grade appeal designee shall review all documentation submitted and issue the final administrative decision in the matter.
2103.19 The following procedural guidelines shall apply to appeals reviewed pursuant to § 2103.18: (a) The burden to show why the grade(s) in question should be changed shall be on the student or his or her parent or guardian; (b) Strict rules of evidence shall not apply; and (c) A written determination shall be issued within five (5) school days of the review and consideration of all submitted evidence.