Authority of police over truant child.
The Office of the State Superintendent of Education, after consultation with the District of Columbia Public Schools, the Public Charter School Board, the Child and Family Services agency, and the Metropolitan Police Department, shall establish truancy centers in the District of Columbia for the delivery of truant public school and public charter school students by the Metropolitan Police Department. A law enforcement officer shall take to the nearest truancy center any child who the law enforcement officer has reasonable grounds to believe, based on the child’s age and other factors, is truant from a public or public charter school on a day and during the hours when the public or public charter school is in session. The law enforcement officer shall take into custody any child who the law enforcement officer has reasonable grounds to believe is a truant from any independent, private, or parochial school on a day and during the hours when the independent, private, or parochial school is in session. On the request of a person who has reached the age of 18 years, graduated from high school, or received a general equivalency diploma, and who has previously been taken into custody pursuant to subsection (a) of this section, the Metropolitan Police Department shall seal all records relating to custody authorized by subsection (a) of this section. Within 2 business days of a minor student’s 10th unexcused absence during a school year, the educational institution shall send the minor’s parent: Information from the Chief of Police about the compulsory attendance requirements and criminal penalties for violations of this chapter; and A letter notifying the parent that he or she may be in violation of the school attendance requirements under this chapter and may be subject to prosecution.
Annotations
Feb. 4, 1925, ch. 140, Art. II, § 6 as added Aug. 25, 1994, D.C. Law 10-159, § 3, 41 DCR 4884 Oct. 20, 1999, D.C. Law 13-38, § 1906, 46 DCR 6373 Aug. 16, 2008, D.C. Law 17-219, § 4014, 55 DCR 7598 Sept. 19, 2013, D.C. Law 20-17, § 101(b)(1), 60 DCR 9839 June 26, 2014, D.C. Law 20-117, § 17, 61 DCR 2032 Applicability of D.C. Law 20-117: Section 18 of D.C. Law 20-117 provided that the act shall apply as of October 1, 2013. Short title: Section 4013 of D.C. Law 17-219 provided that subtitle G of title IV of the act may be cited as the “Truancy Centers Amendment Act of 2008”. For temporary (90 days) addition of the Act of Feb. 4, 1925, ch. 140, Art. II, § 8, concerning reporting requirements, see § 101(b)(2) of the Attendance Accountability Emergency Amendment Act of 2013 (D.C. Act 20-133, July 30, 2013, 60 DCR 11531, 20 DCSTAT 1973). For temporary (90 days) addition of the Act of Feb. 4, 1925, ch. 140, Art. II, § 7, concerning truancy procedures and inter-agency coordination, see § 101(b)(2) of the Attendance Accountability Emergency Amendment Act of 2013 (D.C. Act 20-133, July 30, 2013, 60 DCR 11531, 20 DCSTAT 1973). For temporary (90 days) amendment of this section, see § 101(b)(1) 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) amendment of section, see § 1906 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320). The 2014 amendment by D.C. Law 20-117 rewrote (c). The 2013 amendment by D.C. Law 20-17 added (c). D.C. Law 17-219 rewrote subsecs. (a)(1) and (2). D.C. Law 13-38 rewrote this section which formerly required a law enforcement officer to take a student or child into custody and deliver him to the appropriate school and also provided for sealing records pertaining thereto. 1981 Ed., § 38-251. 1981 Ed., § 31-402.1.
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.