D.C. Mun. Regs. tit. 5, r. 5-A2103

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A2103 - ABSENTEE INTERVENTION AND SCHOOL-BASED STUDENT SUPPORT TEAMS

2103.1

An educational institution shall implement a specific protocol for absenteeism (absenteeism protocol) including a focus on preventing unexcused absences and academic and behavioral interventions to address the needs of students.

2103.2

Each educational institution shall incorporate evidence-based practice(s) into its absenteeism protocol, considering procedures to address the following:

(a) A description of valid excused absences consistent with this chapter;

(b) A process for informing, training, and educating school staff, students, parents, guardians, and the community with regard to enhancing school attendance, implementing truancy reduction methods, administering attendance policies and procedures, and, when applicable, collaborating with related service providers; and

(c) Procedures for monitoring, reporting, addressing, and evaluating attendance and absences consistent with District of Columbia attendance and absence reporting requirements including:

(1) A procedure requiring reasonable and diligent attempts to make personal contact with the parent(s) or guardian(s) of a student, or the adult student, as applicable, on the same day, and each time, a student has the equivalent of one (1) day of unexcused absence, with daily follow-ups as necessary;

(2) A continuum of school practices and services, which shall not include off-site suspension or expulsion as intervention strategies, but shall include:

(A) Meaningful supports, incentives, intervention strategies, and consequences for dealing with absenteeism; and

(B) Consultation with parent(s) or guardian(s), both at the onset of absenteeism and in those circumstances where chronic absenteeism persists;

(3) A referral process whereby, within two (2) school days after a student has accumulated five (5) full day unexcused absences in one (1) marking period or other similar time frame, the student shall be referred to a school-based student support team which will meet within five (5) school days of the referral and regularly thereafter to:

(A) Review and address the student's attendance and determine the underlying cause(s) for the student's unexcused absences;

(B) Employ reasonable and diligent efforts to communicate and to collaborate with the student and the student's parent(s) or guardian(s);

(C) Communicate and collaborate with the student's existing Individualized Education Program (IEP) team, as applicable;

(D) Provide timely response to the student's truant behavior;

(E) Make recommendations for academic, diagnostic, or social work services, as applicable;

(F) Use school and/or community resources to abate the student's truancy, including referral to a community-based organization when available; and

(G) Develop and implement an action plan in consultation with the student and student's parent(s) or guardian(s);

(4) The school-based student support team assigned to a student who accumulates ten (10) full day unexcused absences during a school year shall notify the school administrator within two (2) school days after the tenth (10th) full day unexcused absence with a plan for immediate intervention, including delivery of community based programs and any other assistance or services to identify and address the student's needs on an emergency basis;

(5) A process including specific due process procedures, for a parent, guardian, or student to appeal any attendance violation decisions made by the educational institution; and

(6) A process to ensure that the educational institution maintains complete, accurate, and contemporaneous records of the work of the school-based student support team to reduce unexcused absences, including records of all meetings that take place after a student accumulates five (5) or more full day unexcused absences in one (1) marking period or other similar time frame and after a student accumulates ten (10) unexcused absences at any time during a school year.

2103.3

In addition to the report required at the end of each school year pursuant to D.C. Official Code § 38-203(i), an educational institution shall provide to OSSE, upon request, student-level data and records evidencing the work of school-based student support teams.

2103.4

A school-based student support team shall be guided by the following principles:

(a) Prior to performing school-based student support team functions, appointed team members shall be provided training on the compulsory attendance laws, regulations, and policies of the District of Columbia and OSSE; absenteeism and truancy intervention strategies and best practices; and available remedies and services to ameliorate the causes of absenteeism and truancy;

(b) A school-based student support team shall include the educational institution's designated attendance monitor(s);

(c) Core school-based student support team membership should typically include a:

(1) General education teacher;

(2) School nurse, psychologist, counselor, and/or social worker, if applicable; and

(3) School administrator with decision-making authority.

(d) Selection of additional members of a team should be guided by the needs of the particular student, which may include the following:

(1) IDEA/Section 504 coordinator and/or special education personnel;

(2) Early learning/Head Start teacher;

(3) Bilingual or English as a second language teacher;

(4) Representatives of the Child and Family Services Agency and/or Department of Youth Rehabilitation Services;

(5) McKinney-Vento homeless liaison; and/or

(6) Guardian ad litem.

2103.5

Each educational institution shall develop a process to refer students to District of Columbia entities under the following circumstances:

(a) Students ages five (5) through thirteen (13) shall be referred by the educational institution to the Child and Family Services Agency not later than two (2) business days after the accrual of ten (10) full day unexcused absences within a school year; and

(b) Students ages fourteen (14) through seventeen (17) shall be referred by the educational institution to the Court Social Services Division of the Superior Court of the District of Columbia and to the Office of Attorney General Juvenile Section no later than two (2) business days after the accrual of fifteen (15) full day unexcused absences within a school year.

2103.6

Copies of the following documents shall be provided with a referral made pursuant to this chapter:

(a) The student's attendance and absence record;

(b) The student's action plan;

(c) Documentation related to referrals and outcome of such referrals;

(d) Documentation representing evidence of communications, services, and attendance related interventions taken by the school;

(e) Documentation of suspected educational neglect;

(f) Documentation of personal contacts with, and written notification to, parent(s) or guardian(s) with regard to the unexcused absences; and

(g) If applicable, the student's Individualized Education Program pursuant to IDEA or Section 504 services plan, with any supporting evaluations or assessments.

D.C. Mun. Regs. tit. 5, r. 5-A2103

Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by §304 of the South Capitol Street Memorial Amendment Act of 2012, effective June 7, 2012, D.C. Law 19-141, 59 DCR 3083, 3087 (April 20, 2012); as amended by Final Rulemaking published at 60 DCR 9725 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 222 (January 10, 2014); amended by Final Rulemaking published at 70 DCR 1084 (1/27/2023)

Authority: 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, as amended, effective February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-201 et seq. (2001 ed. & 2012 Supp.)); as amended by Section 302 of the South Capitol Street Memorial Amendment Act of 2012, effective June 7, 2012 (D.C. Law 19-141, 59 DCR 3083 (April 20, 2012); D.C. Official Code §§ 38-201 et seq. (2012 Repl.); Mayor's Order No. 2012-116, dated July 26, 2012; Sections 3(b)(11), 3(b)(15) and 7 c of the State Education Office Establishment Act of 2000, as amended, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(11), 2602(b)(15) and 2609(c)(2) (2012 Supp.)); and Section 403 of the State Board of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-2652(a)(14) (2012 Supp.)).