2019 District of Columbia Code
Title 38 - Educational Institutions.
Chapter 2 - Compulsory School Attendance and Expulsion.
Subchapter I - School Attendance.
Part A - Definitions.
§ 38–201. Definitions.

Universal Citation: DC Code § 38–201 (2019)

For the purposes of this subchapter, the term:

(1) Repealed.

(1A) "Chronic absenteeism" means the incidence of students missing more than 10% of school days, including excused and unexcused absences.

(2) “District” means the District of Columbia.

(2A) “Educational institution” means a school in the District of Columbia Public Schools system, a public charter school, an independent school, a private school, a parochial school, or a private instructor.

(2B) "Full school day" means the entirety of the instructional hours regularly provided on a single school day.

(3) “Minor” means a person who has not reached 18 years of age, pursuant to § 46-101.

(3A) “Parent” means a parent, guardian, or other person who resides in the District and who has custody or control of a minor 5 years of age or older.

(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.

(4) “School year” means the period from the opening of regular school programs, typically in September, until the closing of regular school programs, typically in June.

(Feb. 4, 1925, ch. 140, Art. I, § 1; as added Mar. 8, 1991, D.C. Law 8-247,§ 2(a), 38 DCR 376; Oct. 26, 2010, D.C. Law 18-242, § 3(a), 57 DCR 7555; June 7, 2012, D.C. Law 19-141, § 302(a), 59 DCR 3083; Sept. 19, 2013, D.C. Law 20-17, § 101(a), 60 DCR 9839; July 26, 2016, D.C. Law 21-140, § 2(a), 63 DCR 8207.)

Prior Codifications

1981 Ed., § 31-401.

Section References

This section is referenced in § 4-1321.02 and § 38-1800.02.

Effect of Amendments

D.C. Law 18-242, in par. (4), deleted “, established by the Board,” following “period”.

D.C. Law 19-141 added par. (3A).

The 2013 amendment by D.C. Law 20-17 repealed (1), defining “Board”; added (2A); added (3A); and redesignated former (3A) as (3B).

Cross References

Annual census of children, see § 38-204 et seq.

Child labor and working permits, see § 32-201 et seq.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of School Attendance Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-476, July 21, 2016, 63 DCR 10181).

For temporary (90 days) amendment of this section, see § 2(a) of School Attendance Clarification Emergency Amendment Act of 2016 (D.C. Act 21-410, June 1, 2016, 63 DCR 8202).

For temporary (90 day) law authorizing the Superintendent of D.C. Public Schools to remove a student involved in a dangerous crime, see § 2 of Attendance and School Safety Emergency Amendment Act of 2001 (D.C. Act 14-24, March 28, 2001, 48 DCR 3315).

For temporary (90 days) amendment of this section, see § 101(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 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 day) law authorizing the Superintendent of D.C. Public Schools to remove a student involved in a dangerous crime, see § 2 of Attendance and School Safety Temporary Amendment Act of 2001 (D.C. Law 14-7, June 14, 2001, 48 DCR 3516).

Section 8(b) of D.C. Law 14-7 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168, § 7004, provided that the applicability of only §§ 302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan.

Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61, § 4112, provided that §§ 302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 302(b)(1)(A) of D.C. Law 19-141 added § 38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added § 38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR § A2103(c)(6).

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