District of Columbia School Discipline Laws & Regulations: State Model Policies and Implementation Support

Discipline Compendium

District of Columbia School Discipline Laws & Regulations: State Model Policies and Implementation Support

Category: Prevention, Behavioral Interventions, and Supports
Subcategory: State Model Policies and Implementation Support
State: District of Columbia

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LAWS

§ 2-1535.02. Bullying prevention task force.

(a) Within 90 days of September 14, 2012, the Mayor shall establish a bullying prevention task force.

(b)(1) The task force shall consist of representatives from a diversity of the educational institutions and agencies that will be affected by this subchapter, as well as community representatives, including:

(A) Teachers;

(B) Administrators from educational institutions and agencies;

(C) School mental health professionals;

(D) Parents, and legal guardians;

(E) Youth;

(F) Direct service providers; and

(G) Advocates.

(2) In constituting this task force, the Mayor shall consider geographic and socioeconomic diversity as well as other forms of diversity.

(c) The task force shall:

(1) Provide guidance to the Mayor on the implementation of this subchapter;

(2) Within 180 days of September 14, 2012, publicize a model policy, which shall contain each of the components required in § 2-1535.03(b);

(3) Assist educational institutions and agencies with developing policies in accordance with § 2-1535.03;

(4) Compile, and make available to each agency, educational institution, and grantee, a list of free or low-cost methods for establishing the bullying prevention programs authorized in § 2-1535.06;

(5) Within 180 days of receipt of the bullying prevention policies submitted pursuant to § 2-1535.03(c), review each adopted policy for compliance with the requirements of § 2-1535.03(b);

(5A) Appropriately engage parents and legal guardians of youth served by each agency in bullying prevention efforts;

(5B) Provide to each agency and parents or legal guardians a referral list of community-based programs or similar resources that mitigate bullying and address identified behavioral health needs as necessary;

(5C) Provide consultation and review evidence-based school climate data to ensure full implementation of the law; and

(6) Promulgate guidelines to assist the Mayor in evaluating the effectiveness of the bullying prevention policies that have been established.

(d) The task force shall disband by August 2018; provided, that at the discretion of the Mayor, a one-year extension may be granted by the Mayor.

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

(a) The Office of the State Superintendent of Education shall provide an array of supports to assist local education agencies and schools to achieve the goals of §§ 38-236.03 through 38-236.05 and to adopt trauma-informed disciplinary practices. The OSSE shall provide local education agencies and schools with, among other supports, the following:

(1) Guidance and materials that inform local education agencies and school communities about developments in the fields of school climates and behavioral management;

(2) Regular, high-quality professional development opportunities and technical assistance, and recommendations for further instruction outside of these opportunities, for local education agency and school personnel on:

(A) Trauma and chronic stress, their effects on students and learning, and effective responses;

(B) Classroom management, positive behavioral interventions, and fostering positive school climate;

(C) Disciplinary approaches that utilize instruction and correction;

(D) Restorative practices and other evidence-based or promising behavioral interventions;

(E) Implementation of high-quality functional behavior assessments, behavioral intervention plans, and manifestation determination reviews, 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

(F) Implicit bias and culturally responsive corrective action techniques;

(3) Opportunities for local education agencies and schools to share promising practices regarding the topics in paragraph (2) of this subsection; and

(4) Technical assistance and supportive services to assist local education agencies and schools, as needed and in accordance with policies OSSE adopts, in reducing the use of exclusion by addressing the causes of student misconduct and the development and revision of disciplinary plans.

(b) The OSSE shall collaborate with other government agencies, local education agencies and schools, and postsecondary educational institutions to facilitate the provision of postsecondary degree or certificate programs covering the topics described in subsection (a)(2) of this section, including the identification or creation of a trauma-informed educator certificate program.

(c) For the purpose of providing local education agencies and schools the services set forth in subsection (a) of this section, the OSSE may:

(1) Award a contract or grant to one or more nonprofit organizations;

(2) Award contracts or competitive or formula grants to local education agencies, schools, or partnerships developed among schools or with nonprofit organizations;

(3) Establish a memorandum of understanding with the Department of Behavioral Health or other District agency; or

(4) Any combination of paragraphs (1) through (3) of this subsection.

(c-1) Beginning October 1, 2019, and consistent with the recommendations in the Report of the Task Force on School Mental Health submitted March 26, 2018, the Department of Behavioral Health shall provide local education agencies and schools with non-instructional personnel who have specialized expertise in behavioral health and trauma-informed educational settings to provide local education agencies and schools with broader mental health services, including reducing the use of exclusion by addressing the causes of student misconduct and being available for consultation regarding the development and revision of disciplinary plans.

(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.

§ 38-2602. Responsibilities.

(b) The OSSE shall:

(26)(A) Develop and publish online written guidance to assist LEAs in developing and adopting policies and procedures for handling aspects of student mental and behavioral health. The written guidance shall include model policies for identifying, appropriately supporting, and referring to behavioral health service providers students with mental and behavioral health concerns, and model policies for suicide prevention, suicide intervention, and suicide postvention, especially for at-risk youth sub-groups.

(B) OSSE shall examine its guidance on mental and behavioral health in schools at least every 5 years and update its guidance as needed. Within 30 days of updating its guidance, OSSE shall notify LEAs of the update.

REGULATIONS

4-1512. OHR roles and responsibilities.

1512.1 The BPP Director shall assist covered entities with developing bullying prevention policies and programs.

1512.2 The BPP Director shall compile and make available to each covered entity a list of free or low-cost methods for establishing the bullying prevention programs.

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