Home/DC Code/§ 38-202
§ 38-202Title 38

Establishment of school attendance requirements.

Every parent, guardian, or other person, who resides permanently or temporarily in the District during any school year and who has custody or control of a minor who has reached the age of 5 years or will become 5 years of age on or before September 30th of the current school year shall place the minor in regular attendance in an educational institution during the period of each year when the public schools of the District are in session. This obligation of the parent, guardian, or other person having custody extends until the minor reaches the age of 18 years. For the purpose of this section placement in summer school is not required. Any minor who has satisfactorily completed the senior high school course of study prescribed by the Board and has been granted a diploma that certifies his or her graduation from high school, or who holds a diploma or certificate of graduation from another course of study determined by the Board to be at least equivalent to that required by the Board for graduation from the public senior high schools, shall be excused from further attendance at school. Any minor who has reached the age of 17 years may be allowed flexible school hours by the Superintendent of Schools provided he or she is actually, lawfully, gainfully, and regularly employed, but in no case shall he or she be excused entirely from regular attendance or excused to the extent that his or her timely graduation would be jeopardized or prevented. The Board shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to establish requirements to govern acceptable credit for studies completed at independent or private schools and private instruction, to govern the validity of applications for permission to be absent from school, to govern the selection and appointment of appropriate staff members to carry out the provisions of this chapter under the direction of the Superintendent of Schools, pursuant to Chapter 6 of Title 1, and in respect to other matters within the scope of authority of the Board that relates to this subchapter.

Annotations

Feb. 4, 1925, 43 Stat. 806, ch. 140, Art. I, §§ 1, 2
renumbered as Art. II, § 1 and amended, Mar. 8, 1991, D.C. Law 8-247, § 2(a), 38 DCR 376
July 18, 2008, D.C. Law 17-202, § 604, 55 DCR 6297
Sept. 19, 2013, D.C. Law 20-17, § 303(a), 60 DCR 9839
For temporary (90 days) amendment of this section, see § 303(a) of the Attendance Accountability Emergency Act of 2013 (D.C. Act 20-133, July 30, 2013, 60 DCR 11531, 20 DCSTAT 1973).
For temporary (90 day) addition, see § 2 of Class Exclusion Standards Emergency Amendment Act of 2007 (D.C. Act 17-23, March
Section 4(b) of D.C. Law 17-8 provided that the act shall expire after 225 days of its having taken effect.
“(e) The Mayor shall make resources available to support the programs in subsection (d) of this section within the context of appropriated funds within the budget and financial plan.”
“(d) The Mayor shall provide for comprehensive inter-agency collaborative support programs, such as programs offered by the Department of Mental Health, the Department of Human Services, the Child and Family Services Agency, and the Department of Parks and Recreation, to assist the student subject to class exclusion at the school, except for those students who may be a danger to the school’s faculty, students, or others, where the student was placed prior to the disciplinary action.
“(c) The Board shall require a monthly report of disciplinary measures taken by each school regarding class exclusions and suspensions, including the rationale for the particular choice of discipline.
“(b) The standards adopted under subsection (a) of this section shall include a progressive schedule of discipline which promotes the goal of in-class education for students subject to disciplinary action, beginning with in-class intervention strategies and ending with expulsion as the final and most extreme form of discipline, and to the extent consistent with this progressive schedule, it shall be the policy of the District of Columbia to prefer in-school disciplinary action, except for those students who may be a danger to the school’s faculty, students, or others.
“(2) To promote the education of students in the school, except for those students who may be a danger to the school’s faculty, students, or others, where the student was placed prior to disciplinary action, and that prioritize consideration of the student’s academic standing, the educational needs of the students, and the number of previous offenses.
“(1) To determine when class exclusions will be the appropriate disciplinary measure for students;
“(a) The Board of Education (‘Board’) shall adopt uniform disciplinary standards:
“Sec. 1a. Establishment of standards for class exclusions and suspensions.
Section 2 of D.C. Law 17-8 added provisions to read as follows:
The 2013 amendment by D.C. Law 20-17 substituted “an educational institution” for “a public, independent, private, or parochial school, or in private instruction” in (a).
D.C. Law 17-202, in subsec. (a), substituted “September 30th” for “December 31st”.
1973 Ed., §§ 31-201, 31-202.
1981 Ed., § 31-402.
This section is referenced in § 2-1571, § 16-2309, § 38-203, § 38-206, § 38-1800.02, and § 38-2605.
Belief that child is of compulsory school age, taking into custody, see § 16-2309.
Additional powers and duties of Superintendent, see § 38-105.
Source XML

Sourced from the DC Council Open Law Library (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.