§ 38–208. Truancy procedures; inter-agency coordination.

*NOTE: This section includes amendments by emergency legislation that will expire on October 21, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) Repealed.

(b) Within 2 business days of the 10th unexcused absence, the educational institution shall notify the Office of the State Superintendent of Education which shall provide the parent with the truancy prevention resource guide created pursuant to § 38-2602(b)(19); provided, that the parent has not received the truancy prevention resource guide before the 10th unexcused absence.

(1)(A) Beginning in the 2016-2017 school year, the educational institution shall refer a minor student 5 years of age through 13 years of age to the Child and Family Services Agency pursuant to § 4-1321.02(b)(1)(B) no later than 2 business days after the accrual of 10 unexcused full school day absences within a school year.

(B) Beginning in the 2016-2017 school year, the educational institution shall refer a minor student 14 years of age through 17 years of age to the Court Social Services Division of the Superior Court of the District of Columbia and to the Office of the Attorney General Juvenile Section no later than 2 business days after the accrual of 15 unexcused full school day absences within a school year.

(C) The educational institution shall have discretion with regard to the referral requirements set forth in subparagraphs (A) and (B) of this paragraph if a minor student accrues the 10th or 15th unexcused absence, respectively, within the final 10 school days of a school year.

(2) Within 3 business days of the Office of the Attorney General, Juvenile Section receiving written notification pursuant to paragraph (1)(B) of this subsection, the Office of the Attorney General shall send the minor student’s parent a letter notifying the parent that he or she may be subject to prosecution for violation of the school attendance requirements under this subchapter.

(c-1)(1)(A) By August 12, 2024, the Mayor shall identify 5 secondary educational institutions in the District that had a truancy rate greater than 50% in the 2023-2024 school year to participate in a truancy pilot with the Department of Human Services ("DHS") during School Year 2024-2025.

(B) The Mayor shall notify the identified educational institutions of their participation in the truancy pilot at least 10 business days before the first day of instruction in School Year 2024-2025. The notice shall include appropriate agency contacts, timelines, and procedures for complying with paragraph (2) of this subsection.

(2) The 5 secondary educational institutions identified pursuant to paragraph (1) of this subsection shall refer each student who is 14 years of age through 17 years of age to DHS no later than 2 school days after the accrual of 15 unexcused full school day absences within a school year.

(3) By March 31, 2025, DHS shall publish a preliminary report, and by August 15, 2025, DHS shall publish a final report that:

(A) Describes the interventions and services provided through the truancy pilot;

(B) Provides the 5 most common reasons for unexcused absences for the students referred to DHS, such as housing instability, transportation issues, or medical emergencies;

(C) Presents aggregate data on the 5 most common truancy intervention services or programs that students referred to DHS utilized; and

(D) Provides an analysis that compares:

(i) The attendance outcomes, academic performance, and delinquency status of students referred to DHS to the students' attendance outcomes, academic performance, and delinquency status during the same time period in the prior school year;

(ii) The attendance outcomes, academic performance, and delinquency status of students referred to DHS before and after the DHS referral during the applicable time period for School Year 2024-2025; and

(iii) The attendance outcomes and academic performance of educational institutions participating in the truancy pilot with the attendance and academic performance during School Year 2024-2025 of non-participating secondary educational institutions that are sociodemographically similar to participating educational institutions.

(4) For purposes of paragraph (3) of this subsection, the term "delinquency status" means whether a minor student was arrested by a law enforcement official during the time period analyzed in the report.

(5) Educational institutions participating in the truancy pilot shall be exempt from the requirements of subsection (c) of this section for minor students who are 14 years of age through 17 years of age.

(d) By July 1 of each year, the State Superintendent of Education shall send written notice to each educational institution outlining the attendance and reporting requirements outlined in this subchapter.