Code of the District of Columbia

§ 38–236.04. Limitations on exclusion as a disciplinary action.

(a) Not funded.

(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(h) Repealed.


(September 19, 2013, D.C. Law 20-17, § 204; as added Aug. 25, 2018, D.C. Law 22-157, § 2(c), 65 DCR 7499; Oct. 30, 2018, D.C. Law 22-168, § 4062(a), 65 DCR 9388.)

Applicability

Section 4064(c) of D.C. Law 22-168 amended section 4(a) of D.C. Law 22-157 implementing subsection (b) of this section. Subsection (a) of this subsection has not been implemented.

Applicability of D.C. Law 22-157: § 4 of D.C. Law 22-157 provided that the creation of subsections (a) and (b) of this section by § 2(c) of D.C. Law 22-157 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90-day) amendment of this section, see § 4062(a) of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).