D.C. Law 22-157. Student Fair Access to School Amendment Act of 2018.
AN ACT
To amend Title II of the Attendance Accountability Amendment Act of 2013 to require its application to District of Columbia Public Schools and public charter schools, establishing parameters for local education agencies' policies on school climate and discipline, limiting the use of out-of-school suspensions, expulsions, and disciplinary unenrollments to certain categories of conduct and limiting the length of out-of-school suspensions, requiring special considerations around the discipline of students with disabilities, directing the Office of the State Superintendent of Education to support local education agencies and schools in reducing out-of-school suspensions, expulsions, and disciplinary unenrollments and fostering positive school climates, establishing a School Safety and Positive Climate Fund, and imposing new annual reporting requirements on the use of specific disciplinary practices across delineated demographics of students; and to amend An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, the Pre-k Enhancement and Expansion Amendment Act of 2008, the District of Columbia School Reform Act of 2005, and the State Education Office Establishment Act of 2000 to make conforming amendments.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Student Fair Access to School Amendment Act of 2018".
Sec. 2. Title II of the Attendance Accountability Amendment Act of 2013, effective September 19, 2013 (D.C. Law 20-17; D.C. Official Code § 38-235 et seq.), is amended as follows:
(a) The title heading is amended to read as follows:
"TITLE II. STUDENT DISCIPLINE
(b) Sections 201 and 202 are redesignated as sections 208 and 209, respectively.
(c) New sections 201 through 207 are added to read as follows:
"Sec. 201. Definitions.
"For the purposes of
"(1) "Bodily injury" means a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.
"(2) "Community-based organization" shall have the same meaning as provided in
"(3) "Disciplinary unenrollment" means the expulsion or involuntary transfer of a student from a school.
"(4) "Emergency removal" means the immediate out-of-school suspension or disciplinary unenrollment of a student based on the school's reasonable belief that the student's presence poses an immediate and continuing danger to other students or school staff.
"(5) "Emotional distress" means mental suffering or distress that requires more than trivial treatment or counseling.
"(6) "Exclusion" means the removal of a student from the student's daily class schedule for disciplinary reasons and includes a suspension or a disciplinary unenrollment.
"(7) "Expulsion" means the removal of a student from the student's school of enrollment for disciplinary reasons for the remainder of the school year or longer, in accordance with local education agency policy.
"(8) "In-school suspension" means temporarily removing a student from the student's regular class schedule as a disciplinary consequence, during which time the student remains on school grounds under the supervision of school personnel who are physically in the same location as the student.
"(9) "Involuntary dismissal" means the removal of the student from school attendance for less than 1/2 of a school day for disciplinary reasons, during which time the student is not under the supervision of school personnel and is not allowed on school grounds.
"(10) "Involuntary transfer" means the removal of a student from the student's school of enrollment for disciplinary reasons for the remainder of the school year, or longer, and the student's enrollment in another school within the same local education agency, in accordance with local education agency policy.
"(11) "Local education agency" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.
"(12) "OSSE" means the Office of the State Superintendent of Education established by
"(13) "Out-of-school suspension" means the temporary removal of a student from school attendance to another setting for disciplinary reasons, during which time the student is not under the supervision of the school's personnel and is not allowed on school grounds.
"(A) The term "out-of-school suspension" includes an involuntary dismissal.
"(B) For students with disabilities, the term "out-of-school suspension" includes a removal in which no individualized family service plan or individualized education plan services are provided because the removal is 10 days or fewer as well as removals in which the student continues to receive services according to the student's individualized family service plan or individualized education plan.
"(14) "Parent" means a parent, guardian, or other person who has custody or control of a student enrolled in a school in a local education agency.
"(15) "Referral to law enforcement" means an action by school personnel to report a student to a law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during off-campus school activities, or while taking school transportation.
"(16) "School-based intervention" means temporarily removing a student from the student's regular class schedule for the purpose of providing the student with school-based targeted supports, such as behavioral therapy, in response to student conduct that would otherwise warrant an in-school suspension.
"(17) "School-related arrest" means an arrest of a student for an activity conducted on school grounds, during off-campus school activities, while taking school transportation, or due to a referral to law enforcement by the student's school.
"(18) "Student with a disability" means a student who qualifies as a child with a disability under section 602(3) of the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2652; 20 U.S.C. § 1401(3)).
"(19) "Suspension" means an in-school suspension or an out-of-school suspension.
"(20) "Willful defiance" means disrupting school activities or intentionally defying the valid authority of school staff.
"Sec. 202. Application.
"
"Sec. 203. Establishment of school discipline policies.
"(a) Local education agencies shall foster positive school climates that engage all students in learning.
"(b) Local education agencies shall adopt, in consultation with school personnel, students, and parents, school discipline policies to promote the safety and well-being of students and staff. School discipline policies shall:
"(1) Set high expectations for student behavior and adopt an instructional and corrective approach to school discipline;
"(2) Permit out-of-school suspension or disciplinary unenrollment as a disciplinary action only to ensure safety and in response to the most serious offenses, as set forth in school policy;
"(3) Avoid policies requiring automatic suspension or disciplinary unenrollment for particular behaviors unless otherwise required by law;
"(4) Include a plan for continuity of education for any student subject to a suspension, including a mechanism for modifications to the plan to meet the needs of an individual student, as necessary, to facilitate the student's return to the classroom, and appropriate measures to ensure the student:
"(A) Continues the student's studies during the suspension and receives all appropriate assignments for the duration of the suspension;
"(B) Can communicate with school personnel regarding academic work; and
"(C) Upon returning to school, has the opportunity to make up any school work missed during the suspension if the school work cannot be completed by the student during the student's suspension;
"(5) Require school personnel to seek and facilitate the involvement of parents in response to an incident resulting in a disciplinary action, particularly with regard to the plan for continuity of education, to the degree that a parent is able to participate;
"(6) Identify conduct or categories of conduct, by severity of offense, including conduct that constitutes causing, attempting, or threatening bodily injury or emotional distress, for which a student may be disciplined;
"(7) Identify graduated levels of disciplinary action for misbehavior through a list of options available to teachers and administrators for each level of misconduct; provided, that such a list need not be exhaustive;
"(8) Describe the local education agency's in-school and out-of-school suspension practice and policy;
"(9) Promote disciplinary actions that are individualized, fair, equitable, developmentally appropriate, proportional to the severity of the student's offense, and, if appropriate, restorative;
"(10) Provide that school personnel shall consider whether student behavior can be safely and appropriately handled through other disciplinary action before making referrals to law enforcement or seeking school-related arrests in response to student behavior;
"(11) Outline procedures for communicating with students and parents regarding disciplinary actions; and
"(12) Articulate clearly the due process rights and procedures available to students and parents.
"(c) The school discipline policy of a local education agency that operates a pre-kindergarten program shall be consistent with the requirements of
"(d) A school, or local education agency, as appropriate, shall provide school discipline policies to students and parents and shall provide students and parents with explanations of the policies, including explanations of expectations, rights, and responsibilities of students and parents under the policies. The school, or local education agency, as appropriate, shall make the school discipline policy publicly available, including in a conspicuous place on the school and local education agency's website.
"(e) Local education agencies shall proactively evaluate and update school discipline policies and practices to ensure fairness and equity, including by using data and feedback from students, families, and school personnel to identify, reduce, and eliminate discriminatory discipline practices or outcomes and unintended consequences.
"Sec. 204. Limitations on exclusion as a disciplinary action.
"(a) Unless otherwise required by federal or District law:
"(1) Beginning in school year 2019-2020, no student in grades kindergarten through 8 may be subject to an out-of-school suspension or disciplinary unenrollment, unless a school administrator determines, consistent with school policy, that the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person, including behavior that happens off school grounds;
"(2) Beginning in school year 2020-2021, no student in grades 9 through 12, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for:
"(A) Violating local education agency or school dress code or uniform rules;
"(B) Willful defiance; or
"(C) Behavior that happens off school grounds and not as part of a school-sponsored activity, unless the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person.
"(b) No student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension for longer than:
"(1) Five consecutive school days for any individual incident in grades kindergarten through 5;
"(2) Ten consecutive school days for any individual incident in grades 6 through 12; or
"(3) Twenty cumulative school days during an academic year regardless of grade, unless:
"(A) The head of a local education agency provides a written justification to the student and parent describing why exceeding the 20-day limit is a more appropriate disciplinary action than alternative responses; or
"(B) The student's conduct necessitated an emergency removal, and the head of the local education agency provides a written justification for the emergency removal to the student and parent.
"(c) No student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for an unexcused absence or a late arrival to school; provided, that a student may be unenrolled from a local education agency if the student has accumulated 20 or more consecutive full-school-day unexcused absences.
"(d) No student subject to a suspension may be denied the right to continue to access and complete appropriate academic work or to earn credit toward promotion or graduation during a suspension.
"(e) The return of a student to school upon conclusion of an out-of-school suspension shall not be made contingent on a parent accompanying the student, attending a conference, or otherwise being present at the school.
"(f) Notwithstanding whether a school or local education agency states the reasoning for the removal from school or prohibition from returning to school, no student may be removed from school or prohibited from returning to school for disciplinary reasons, unless the student is subject to an out-of-school suspension or disciplinary unenrollment.
"(g) For purposes of due process, a suspension of 6 school days or more shall be considered a long-term suspension.
"(h)(1) On a quarterly basis, each local education agency shall submit a report, which shall be a public document, to the Council delineating by school the following information:
"(A) For students in grades kindergarten through 5, the number of students suspended for one to 5 consecutive school days and for 6 or more consecutive school days;
"(B) For students in grades 6 through 12, the number of students suspended for the following number of consecutive school days:
"(i) One to 5;
"(ii) Six to 10; and
"(iii) Eleven or more;
"(C) The number of students who have been suspended, on a cumulative basis, the following number of school days:
"(i) One to 5;
"(ii) Six to 10;
"(iii) Eleven to 15;
"(iv) Sixteen to 20; and
"(v) Twenty-one or more; and
"(D) The number of students subject to disciplinary unenrollment.
"(2) If a local education agency is comprised of one or more public charter schools, the Public Charter School Board may submit the quarterly reporting required in paragraph (1) of this subsection to the Council on behalf of the local education agency.
"Sec. 205. Exclusion of students with disabilities.
"(a) School administrators shall take special consideration regarding the exclusion of a student with a disability.
"(b) All of a student's disabilities, as defined in section 3(1)(A) and (B) of the Americans with Disabilities Act, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. § 12102(1)(A)-(B)), of which the school had knowledge shall be considered in a manifestation determination review conducted pursuant to section 615(k)(1)(E) of the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1415(k)(1)(E)).
"Sec. 206. 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
"(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, including non-instructional personnel with specialized expertise in behavioral health, trauma-informed educational settings, and restorative justice practices, to assist local education agencies and schools in developing and revising disciplinary plans and reducing the use of exclusion by addressing the causes of student misconduct.
"(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) The OSSE may enter into a grant or contract with one or more nonprofit organizations, a memorandum of understanding with the Department of Behavioral Health, or any combination thereof, for the purpose of providing local education agencies and schools the services mandated pursuant to subsection (a) of this section.
"(d) Within 2 years after the effective date of the Student Fair Access to School Amendment Act of 2018, passed on 2nd reading on May 1, 2018 (Enrolled version of Bill 22-594), 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
"(A) Ensuring the fidelity of data reporting;
"(B) Unanticipated consequences of the disciplinary policies and practices adopted pursuant to
"(C) Barriers schools face in implementing the policies and practices required pursuant to
"(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.
"Sec. 207. School Safety and Positive Climate Fund.
"(a) There is established as a special fund the School Safety and Positive Climate Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education in accordance with subsection (c) of this section.
"(b) Revenue from any annual appropriation shall be deposited into the Fund.
"(c) Money in the Fund shall be used solely to support the activities described in
"(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
"(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.".
(d) Redesignated section 209 (D.C. Official Code § 38-236) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1)(H) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Paragraph (2) is amended as follows:
(i) Subparagraph (A) is amended by striking the phrase "out-of-school suspensions and in-school suspensions" and inserting the phrase "in-school suspensions, out-of-school suspensions, involuntary dismissals, and emergency removals" in its place.
(ii) Subparagraph (C) is amended by striking the phrase "suspension;" and inserting the phrase "suspension, and whether the student attended;" in its place.
(iii) Subparagraphs (D) through (F) are amended to read as follows:
"(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;".
(iv) New subparagraphs (G) and (H) are added to read as follows:
"(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".
(C) A new paragraph (3) is added to read as follows:
"(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.".
(2) Subsection (b) is amended to read as follows:
"(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
(3) Subsection (c) is amended as follows:
(A) Designate the existing text as paragraph (1).
(B) A new paragraph (2) is added to read as follows:
"(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.".
(4) Subsection (d) is amended as follows:
(A) Strike the phrase "suspensions and expulsions that were imposed in local education agencies and publicly funded community-based organizations" and insert the phrase "data provided by local education agencies and community-based organizations in subsection (b) of this section" in its place.
(B) Strike the period and insert the phrase ". 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." in its place.
(5) Subsection (e) is repealed.
(6) A new subsection (e-1) is added to read as follows:
"(e-1) The OSSE, pursuant to
Sec. 3. Conforming amendments.
(a) Sections 2(f-1) and (f-2) of Article II of An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-203(f-1) and (f-2)), are repealed.
(b) The Pre-k Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code § 38-271.01 et seq.), is amended as follows:
(1) Section 101(5A) (D.C. Official Code § 38-271.01(5A)) is amended by striking the phrase "the removal of a student from school attendance for an entire school day or longer" and inserting the phrase "the temporary removal of a student from school attendance to another setting for disciplinary reasons, during which time the student is not under the supervision of the school's personnel and is not allowed on school grounds" in its place.
(2) Section 303(a) (D.C. Official Code § 38-273.03(a)) is amended by striking the phrase "be expelled" and inserting the phrase "receive a disciplinary unenrollment, as defined in section 201(3) of the Attendance Accountability Amendment Act of 2013, passed on 2nd reading on May 1, 2018 (Enrolled version of Bill 22-594)," in its place.
(c) Section 2206(g) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.06(g)), is amended to read as follows:
"(g) Expulsion and suspension. –
"(1) A public charter school shall comply with sections
"(2) The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school, consistent with sections
(d) Section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended as follows:
(1) Paragraph (28) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (29) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (30) is added to read as follows:
"(30) Provide schools the supports mandated pursuant to
Sec. 4. Applicability.
(a) Sections 204(a), 204(b), 206, and 207 of Title II of the Attendance Accountability Amendment Act of 2013, passed on 2nd reading on May 1, 2018 (Enrolled version of Bill 22-594), added by section 2(c), shall apply upon the date of inclusion of the section's fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of a section's fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(l) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of the section.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
