District of Columbia School Discipline Laws & Regulations: Data Collection, Review, and Reporting of Discipline Policies and Actions

Discipline Compendium

District of Columbia School Discipline Laws & Regulations: Data Collection, Review, and Reporting of Discipline Policies and Actions

Category: Monitoring and Accountability
Subcategory: Data Collection, Review, and Reporting of Discipline Policies and Actions
State: District of Columbia

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LAWS

§ 2-1535.07. Reporting requirement.

(a) Each educational institution shall provide to the Mayor, by a date determined by the Mayor, an annual report regarding the aggregate incidents of bullying, and any other information that the Mayor determines is necessary or appropriate.

(b) By September 1, 2014, and biennially thereafter, the Mayor shall:

(1) Review the programs, activities, services, and policies established pursuant to this subchapter of each agency, educational institution, or grantee to determine their effectiveness and whether the agency, educational institution, or grantee is in compliance with this subchapter; and

(2) Report the findings to the Council by December 31 of each year that a report is due, along with an assessment of the current level and nature of bullying in agencies, educational institutions, and grantees and recommendations for appropriate actions to address identified problems.

§ 38-203. Enforcement; penalties.

(i) Within 60 days after the end of a school year, each public, independent, private, or parochial school shall report to the Office of the State Superintendent of Education, and make publicly available the following data for each school or campus under its authority based on the preceding school year:

(A) The number of minors, categorized by grade, or equivalent grouping for ungraded schools, who had unexcused absences for:

(i) One to 5 days;

(ii) Six to 10 days;

(iii) Eleven to 20 days; and

(iv) Twenty-one or more days;

(A-i) The work of the school-based student support teams in reducing unexcused absences, including:

(i) The number of students who were referred to a school-based student support team;

(ii) The number of students who met with a school-based student support team;

(iii) A summary of the action plans and strategies implemented by the school-based student support team to eliminate or ameliorate unexcused absences; and

(iv) A summary of the services utilized by students to reduce unexcused absences;

(v) A summary of the common barriers to implementing the recommendations of the school-based student support team;

(B) The number of minors, categorized by grade, or equivalent grouping for ungraded schools, that the school reported to the Child and Family Services Agency pursuant to § 4-1321.02(a-1) and (a-2) [(a-2) expired];

(B-i) The number of minors categorized by grade, or equivalent grouping for ungraded schools, that the school referred to the Court Social Services Division of the Family Court of the Superior Court of the District of Columbia for truancy; and

(C) The policy on absences, including defined categories of valid excuses, that it used.

§ 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.

§ 38-236.06. Support for positive school climate and trauma-informed educational settings.

(d) Within 2 years after August 29, 2018, and every 5 years thereafter, the OSSE shall submit to the Mayor and the Council an evaluative report on local education agency and school implementation of practices to promote school safety and reduce the use of exclusion, which shall:

(1) Be based upon rigorous research techniques, including quantitative and qualitative methods;

(2) Draw on the information maintained and reported pursuant to § 38-236.09, as well as other sources, with a particular focus on:

(A) Ensuring the fidelity of data reporting;

(B) Unanticipated consequences of the disciplinary policies and practices adopted pursuant to this part;

(C) Barriers schools face in implementing the policies and practices required pursuant to this part; and

(D) Effective approaches utilized by schools to avoid reliance on exclusion and reduce disparities in its use;

(3) Provide specific recommendations for further action by the Council, executive branch, and schools; and

(4) Provide suggestions for further research.

§ 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.].

§ 38-236.09. Annual reporting requirements.

(a) Each local education agency and entity operating a publicly funded community-based organization shall maintain data for each student that includes:

(1) Demographic data including:

(A) The campus attended by the student;

(B) The student's grade level;

(C) The student's gender identification;

(D) The student's race;

(E) The student's ethnicity;

(F) Whether the student receives special education services;

(G) Whether the student is classified as an English language learner; and

(H) Whether the student is considered at-risk as defined in § 38-2901(2A);

(2) Discipline data including:

(A) Total number of in-school suspensions, out-of-school suspensions, involuntary dismissals, and emergency removals experienced by the student during each school year;

(B) Total number of days excluded from school;

(C) Whether the student was referred to an alternative education setting for the duration of a suspension, and whether the student attended;

(D) Whether the student was subject to a disciplinary unenrollment during the school year;

(E) Whether the student voluntarily withdrew or voluntarily transferred from the school during the school year;

(F) Whether the student was subject to referral to law enforcement;

(G) Whether the student was subject to school-related arrest; and

(H) A description of the misconduct that led to or reasoning behind each suspension, involuntary dismissal, emergency removal, disciplinary unenrollment, voluntary withdrawal or transfer, referral to law enforcement, school-based arrest and, for students with disabilities, change in placement; and

(3) Special education services data, including whether a student received during the school year:

(A) A functional behavioral assessment;

(B) An updated behavior improvement plan; or

(C) A manifestation determination review, including the number of suspension days that triggered the review, whether the suspension days were cumulative, and the outcome of the review.

(b) By August 15 of each year, each local education agency or entity operating a publicly funded community-based organization shall submit a report to the Office of the State Superintendent of Education disaggregated by each of the demographic categories identified in subsection (a)(1) of this section. The report shall include:"

(1) The students suspended for:

(A) At least one and no more than 5 days, and whether the suspension was an in-school suspension or an out-of-school suspension;

(B) At least 6 and no more than 10 days and whether the suspension was an in-school suspension or an out-of-school suspension;

(C) More than 10 days and whether the suspension was an in-school suspension or an out-of-school suspension;

(2) The students who received more than one suspension in a school year and whether the suspensions were in-school or out-of-school suspensions;

(3) The students who were referred to an alternative educational setting for the course of a suspension;

(4) The students who received a school-based intervention rather than an in- school suspension, and a description of the school-based intervention;

(5) The students involuntarily dismissed:

(A) At least once and no more than 5 times;

(B) At least 6 times and no more than 10 times;

(C) More than 10 times;

(6) The students subject to emergency removals;

(7) The students subject to a disciplinary unenrollment, disaggregated by type of disciplinary unenrollment;

(8) The students who voluntarily withdrew or transferred;

(9) The students subject to referral to law enforcement;

(10) The students subject to school-related arrest;

(11) A description of the misconduct that led to or reasoning behind each suspension, involuntary dismissal, emergency removal, disciplinary withdrawal, voluntary withdrawal or transfer, referral to law enforcement, school-based arrest, and, for students with disabilities, change in placement;

(12) Whether the student received a functional behavior assessment, an updated behavioral improvement plan, or a manifestation determination review, as those terms are used in the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2745; 20 U.S.C. § 1400 et seq.), and the outcomes of those actions; and

(13) Whether the student was subject to suspensions exceeding the time limits described in § 38-236.04(b), and a summary of the written justification provided by the local education agency for those disciplinary actions.

(c)(1) Each local education agency or entity operating a publicly funded community-based organization shall provide the requested data in subsection (b) of this section in a form and manner prescribed by the Office of the State Superintendent of Education.

(2) The OSSE shall collaborate with local education agencies and publicly funded community-based organizations to develop consistent definitions for the types of misconduct and explanations of reasoning required to be maintained or reported pursuant to subsections (a)(2)(H) and (b)(11) of this section.

(d) By December 15 of each year, beginning in 2016, the Office of the State Superintendent of Education shall publicly report on the data provided by local education agencies and community-based organizations in subsection (b) of this section during the preceding school year, including a relevant trend analysis. The report shall include a trend analysis based on available data, including data drawn from the Youth Risk Behavior Survey, school climate surveys, and any other available sources, of the exclusion of students who identify as lesbian, gay, bisexual, questioning of the student's sexual orientation, transgender, gender nonconforming, or questioning of the student's gender identity or expression.

REGULATIONS

4-1504. Reporting Bullying or Retaliation Complaints.

1504.7 The person designated by a covered entity to investigate bullying, retaliation, and other violations of the bullying prevention policy (the covered entity's Point of Contact) shall create a written description of each incident of bullying, retaliation, or other violation of the bullying prevention policy that was reported to him or her and where applicable, shall include the description in the annual report that is required by § 1511.

4-1511. Educational Institutions Reporting Requirements.

1511.1 Each educational institution shall report to OHR by August 15 of each year the following information:

(a) The aggregate number of incidents of bullying, retaliation, and other violations of the bullying prevention policy at the educational institution during the prior school year (including the prior summer term);

(b) A brief description of each such incident (as required by § 1505.5); and

(c) The results of the investigation of the incident.

1511.2 The annual report of each educational institution shall also include any other information that OHR deems necessary or appropriate and requests from the educational institution.

5-A2101. Attendance records and reporting.

2101.4 Prior to the beginning of each school year, an educational institution shall designate an individual to be responsible for collecting, maintaining, and reporting the attendance data required for each student consistent federal and District requirements. This designated individual shall:

(a) Ensure timely submission of attendance in conformance with this chapter; and

(b) Submit corrected attendance records via an automated, electronic feed, or such other format; and provide any corrections to attendance records according to deadlines provided by OSSE; and; and

(c) Timely respond to requests for clarification of submitted attendance records. [...]

2101.6 Within sixty (60) days after the completion of each school year, an educational institution shall submit to OSSE the report described in D.C. Official Code § 38-203.(i). Such report shall include attendance information in aggregate form, excluding individual student data.

2101.7 By November 30 of each school year, OSSE shall issue a report including the following information:

(a) Truancy rates and chronic absenteeism rates for each educational institution;

(b) Progress in improving attendance and reducing truancy for each educational institution; and

(c) Each educational institution's compliance with key attendance and truancy requirements.

5-A2103. Absentee intervention and school-based student support teams.

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 to OSSE, upon request, student-level data and records evidencing the work of school-based student support teams.

5-B2508. Review by the chancellor.

2508.1 The Chancellor may review, at his or her discretion, any proposed disciplinary action. If the Chancellor determines that disciplinary action is not warranted, the determination shall include a statement ordering the destruction of all school records of the disciplinary action, including any reports of the disciplinary action that relate to the incident upon which the action was based, provided that, from the facts presented, it is determined that there was no violation of any DCPS rule or policy, insofar as those reports individually identify the student.

2508.2 With respect to all disciplinary actions, the Chancellor may overrule or modify any proposed disciplinary action including Expulsion. The Chancellor shall provide written justification for any modification of disciplinary action.

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