District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0754 Introduced / Bill

Filed 03/25/2024

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March 25, 2024 
 
Nyasha Smith, Secretary 
Council of the District of Columbia 
1350 Pennsylvania Avenue, NW 
Washington, D.C. 20004 
 
Dear Secretary Smith: 
 
Today, along with Councilmembers Kenyan R. McDuffie, Brianne K. Nadeau, Brooke Pinto, and 
Robert C. White, Jr., I am introducing the “Chronic Absenteeism and Truancy Reduction 
Amendment Act of 2024”. Please find enclosed a signed copy of the legislation.  
 
The persistently high chronic absenteeism and truancy rates in the District’s schools demand an 
immediate and coordinated response. As way of background, a student is deemed chronically 
absent when they miss 10% or more of the school year, regardless of whether the absence was 
excused or unexcused. A student is deemed truant when they accrue more than 10 unexcused 
absences.  
 
For School Year 2022-2023, data released by the Office of the State Superintendent of Education 
shows that two in five students in the District were chronically absent. When looking at high 
school, those figures tell a sobering story: three in five high school students were chronically 
absent from school last year. More troubling is that almost half of high school students were 
deemed truant, with 11 high schools having truancy rates above 70%.  
 
Missing out on school means that students run the risk of falling behind on meeting educational 
or achievement milestones, as well as the social supports and skills needed once a student 
graduates from high school, like entering the workforce or college. There is a litany of reasons 
for why students miss class, ranging from arriving late due to taking a sibling to another campus, 
lack of reliable public transit, trouble in the home, or violence in their neighborhood. Students 
need to be in school, and our schools need to be resourced to do the difficult work of providing 
students with a safe and welcome learning environment.  
 
 
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This legislation proposes that: 
 
• Schools with a chronic absenteeism rate above 20% should be designated as priority 
areas for the Safe Passages Safe Blocks program by School Year 2027-2028. Unsafe 
commutes or neighborhood violence are often reasons why a student isn’t in school. The 
Safe Passages program includes highly visible, trained adults along routes in the morning 
and the afternoon, as well as conflict resolution, mediation services, and community 
relationship-building to keep students safe and improve student attendance. However, it 
doesn’t reach all the schools that need it. 
 
• A new additional funding category be added to school budgets specifically to address 
chronic absenteeism. Currently, the Uniform Per Student Funding Formula, the metric 
used to calculate school budgets, does not provide funding for schools based on chronic 
absenteeism. The data bears out these schools, which have historically seen 
underinvestment, have the highest levels of chronic absenteeism. This makes sense, as 
these schools are often serving a higher percentage of children coming from unstable 
situations outside of school walls that demand a more substantive response than most 
schools need to provide.  
 
• Schools must meet and intervene with a student after accruing five unexcused absences 
in a marking period. This intervention must take place before referring the student to 
the Child and Family Services Agency or the Office of the Attorney General. Regulations 
currently require the School Support Team intervene with a student after five unexcused 
absences in one marking period. However, not every student gets an intervention 
meeting before being referred to CFSA or OAG. Setting the intervention point as a 
requirement before referral would make this existing intervention more effective. This 
must be paired with additional resources to ensure these interventions are happening. 
 
• School principals be given the authority to choose how to use additional at-risk or 
chronically absent funding allocated to the school. Currently, there is no transparency 
over how at-risk funding is used or how additional dollars for chronic absenteeism would 
be spent. These additional dollars are supplemental and should not be used to cover core 
costs. Principals know their schools and their students best and should be given the 
authority to allocate how these additional dollars are spent. 
 
• The Department of Human Services and the student’s school to submit status reports 
to each other on a student’s participation in a diversion program and attendance in 
school. This requirement is meant to ensure everyone involved with the child can 
understand what’s happening. Right now, referrals to DHS feel like they go into a black 
hole that make it harder to ensure these interventions are happening. 
 
 
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• The Office of Neighborhood Safety and Engagement expand its Leadership Academy 
program to the top five high schools and corresponding feeder middle schools where 
the rate of chronic absenteeism is highest. The ONSE Leadership Academy pairs students 
struggling with attendance, behavior, and schoolwork challenges with professionals and 
mentors who help them through those with case management. As Chair of the Committee 
on the Judiciary and Public Safety, I doubled the Leadership Academy at DC schools, but 
it is still only at three high schools and their corresponding feeder middle schools. 
 
Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions 
or for additional information. 
 
 
Sincerely, 
 
 
 
Councilmember Charles Allen, Ward 6 
Chairperson, Committee on Transportation & the Environment 
Chair, Metropolitan Washington Council of Governments   
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___________________________ 	______________________________ 1 
Councilmember Kenyan R. McDuffie 	Councilmember Charles Allen  2 
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___________________________ 	______________________________ 5 
Councilmember Brianne K. Nadeau  	Councilmember Brooke Pinto 6 
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______________________________  9 
Councilmember Robert C. White, Jr.  10 
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A BILL 14 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 19 
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To amend the Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011 24 
to require that schools be designated as priority areas for the Safe Passages Safe Blocks 25 
program according to a specified timetable and chronic absenteeism rate; to amend the 26 
Neighborhood Engagement Achieves Results Amendment Act of 2016 to require the 27 
Office of Neighborhood Safety and Engagement to provide Leadership Academy services 28 
to the top 5 high schools and corresponding feeder middle school where the rate of chronic 29 
absenteeism is highest; to amend Article II of An Act To provide for compulsory school 30 
attendance, for the taking of a school census in the District of Columbia, and for other 31 
purposes, to require that an educational institution meet and intervene with a minor student 32 
prior to referring the minor student to the Child and Family Services Agency or the Office 33 
of the Attorney General, to require the Department of Human Services and the minor 34 
student’s educational institution to submit status reports to each other on a minor student’s 35 
participation in a diversion program and attendance in school; to amend the Uniform Per 36 
Student Funding Formula for Public Schools and Public Charter Schools and Tax 37 
Conformity Clarification Amendment Act of 1998 to create a new additional funding 38 
category for students who are chronically absent; and to amend the Schools First in 39 
Budgeting Amendment Act of 2022 to permit the principal of a school to allocate how 40 
additional at-risk or chronically absent funding allocated to the school shall be spent.  41 
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 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 43 
act may be cited as the “Chronic Absenteeism and Truancy Reduction Amendment Act of 2024”. 44   
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 Sec. 2. Section 3023(a) of the Office of the Deputy Mayor for Public Safety and Justice 45 
Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 46 
1-301.192(a)), is amended to read as follows: 47 
 “(a)(1) The Deputy Mayor for Public Safety and Justice (“Deputy Mayor”) shall have 48 
grant-making authority for the purpose of providing grants to support the Safe Passage Safe Blocks 49 
program, which provides a presence and safe passage for students and families as they travel to 50 
and from school. 51 
 “(2)(A) The Deputy Mayor shall, in coordination with the Deputy Mayor for 52 
Education and the Office of the State Superintendent of Education, designate as priority areas the 53 
schools where the rate of chronic absenteeism, as defined in section 1(1A) of Article I of An Act 54 
To provide for compulsory school attendance, for the taking of a school census in the District of 55 
Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 56 
38-201(1A)), is: 57 
“(i) For School Year 2024-2025, above 50%; 58 
“(ii) For School Year 2025-2026, above 40%; 59 
“(iii) For School Year 2026-2027, above 30%; and 60 
“(iv) For School Year 2027-2028, above 20%. 61 
 “(B) Nothing in this paragraph shall preclude the Deputy Mayor, in 62 
coordination with the Deputy Mayor for Education and the Office of the State Superintendent of 63 
Education, from designating other areas across the District as priority areas based on other 64 
criteria.”. 65   
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 Sec. 3. The Neighborhood Engagement Achieves Results Amendment Act of 2016, 66 
effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411 et seq.), is amended as 67 
follows: 68 
 (a) Section 102 (D.C. Official Code § 7-2411) is amended as follows: 69 
 (1) Subsection (a) is amended as follows:  70 
(A) Paragraph (3) is amended by striking the phrase “; and” and inserting a 71 
semicolon in its place. 72 
 (B) Paragraph (4) is amended by striking the period and inserting the phrase 73 
“; and” in its place. 74 
 (C) A new paragraph (5) is added to read as follows: 75 
 “(5) The Leadership Academy, which shall serve students at participating schools 76 
to promote positive outcomes for youth by fostering relationships with caring adults, engaging 77 
youth in experiences that promote growth and personal learning, and creating environments where 78 
youth feel safe and cared for.”. 79 
 (2) Subsection (b) is amended as follows: 80 
 (A) Paragraph (6) is amended by striking the phrase “; and” and inserting a 81 
semicolon in its place. 82 
 (B) Paragraph (7) is amended by striking the period and inserting the phrase 83 
“; and” in its place. 84 
 (C) A new paragraph (8) is added to read as follows: 85 
 “(8) Collaborating with District agencies to administer the Leadership Academy 86 
and identifying schools pursuant to section 103c of the Neighborhood Engagement Achieves 87   
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Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code 88 
§ 7-2411 et seq.).”. 89 
 (b) A new section 103c is added to read as follows: 90 
 “Sec. 103c. Leadership Academy services.  91 
 “ONSE shall, in coordination with the Deputy Mayor for Education, Office of the State 92 
Superintendent of Education, and the District of Columbia Public Schools, offer Leadership 93 
Academy services to the five high schools with the highest rates of chronic absenteeism, as defined 94 
in section 1(1A) of Article I of An Act To provide for compulsory school attendance, for the taking 95 
of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 96 
(43 Stat. 806; D.C. Official Code § 38-201(1A)), and their corresponding feeder middle school.”.  97 
Sec. 4. Act II of An Act To provide for compulsory school attendance, for the taking of a 98 
school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 99 
Stat. 806; D.C. Official Code § 38-201 et seq.), is amended as follows: 100 
(a) Section 7(c) (D.C. Official Code § 38-208(c)) is amended by adding a new paragraph 101 
(3) to read as follows: 102 
“(3) The educational institution, after five unexcused absences in a marking period, 103 
and prior to referring the minor student according to the requirements set forth in paragraph (1) of 104 
this subsection, shall: 105 
 “(A) Meet and intervene with the student; and 106 
 “(B) Develop an action plan and strategies that are school-based or 107 
community-based to enhance the minor student’s attendance.”.  108 
(b) Section 8 (D.C. Official Code § 38-209) is amended to read as follows: 109 
“Sec. 8. Reporting requirements. 110   
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“(a) By July 15 of each year, beginning in 2014, the Office of the Attorney General shall 111 
submit to the Mayor and the Secretary to the Council a truancy status report on the preceding 112 
school year, which shall include the number of: 113 
 “(1) Referrals it received from each educational institution; 114 
 “(2) Cases it filed pursuant to this act, and the outcome of each; 115 
 “(3) Child-in-need of supervision cases filed pursuant to this act, and the outcome 116 
of each; and  117 
 “(4) Students who were enrolled in a court diversion program, or other diversion 118 
program pursuant to this act. 119 
“(b) On the first day of each month, the Department of Human Services shall provide a 120 
status report detailing the progress of a minor student enrolled in a diversion program administered 121 
by the agency to the educational institution where the minor student is enrolled. 122 
“(c) On the first day of each month, the educational institution where the minor student is 123 
enrolled shall provide a report detailing the minor student’s attendance in school to the diversion 124 
program where the minor student is enrolled.”. 125 
Sec. 5. The Uniform Per Student Funding Formula for Public Schools and Public Charter 126 
Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 26, 1999 127 
(D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.), is amended as follows: 128 
 (a) Section 102 (D.C. Official Code § 38-2901) is amended by adding a new paragraph 129 
(2D) to read as follows: 130 
 “(2D) “Chronically absent” means a student who misses more than 10% of school 131 
days, including excused and unexcused absences, pursuant to section 1(1A) of Article I of An Act 132 
To provide for compulsory school attendance, for the taking of a school census in the District of 133   
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Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 134 
38-201(1A)).”. 135 
(b) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended as follows: 136 
(1) Subsection (a-1) is amended by striking the phrase “as at-risk” and inserting the 137 
phrase “as at-risk or chronically absent” in its place. 138 
(2) The General Education Add-ons tabular array is amended by adding a new row 139 
at the bottom of the tabular array to read as follows: 140 
(c) Section 106a (D.C. Official Code § 38-2905.01) is amended as follows: 141 
(1) Subsection (a) is amended by striking the phrase “as at-risk” and inserting the 142 
phrase “as at-risk or chronically absent” in its place. 143 
(2) Subsection (c) is amended by striking the phrase “at-risk students” and inserting 144 
the phrase “at-risk or chronically absent students” in its place. 145 
 Sec. 6. Section 105(c) of the Schools First in Budgeting Amendment Act of 2022, effective 146 
March 10, 2023 (D.C. Law 24-300; D.C. Official Code § 38-2851.04(c)), is amended to read as 147 
follows: 148 
 “(c)(1) Funds provided to schools pursuant to section 106a of the Uniform Per Student 149 
Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification 150 
Amendment Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-151 
2905.01), shall be available to the principal to use at the principal’s discretion, in consultation with 152 
the school’s local advisory school team, for the purpose of improving student achievement and 153 
attendance among at-risk or chronically absent students. 154 
“Chronically 
absent 
Additional funding for students who are 
chronically absent  
0.1 $1,305   
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 “(2) After consultation with the school’s local school advisory team, a principal 155 
shall submit to the Chancellor and make publicly available a written at-risk funds spending plan 156 
delineating how funds allocated pursuant to section 106a of the Uniform Per Student Funding 157 
Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification 158 
Amendment Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-159 
2905.01), will be used and explaining how the uses identified by the principal and local school 160 
advisory team will prove student achievement and attendance among at-risk or chronically 161 
students.  162 
 “(3) The Chancellor may review and amend a school’s at-risk funds spending plan; 163 
provided, that if the Chancellor amends a school’s at-risk funds spending plan, the Chancellor shall 164 
provide to the principal and make publicly available a written justification for the amendment, 165 
including how the amendment will improve student achievement and attendance among at-risk or 166 
chronically absent students.  167 
 “(4) By February 1 of each year, the Chancellor shall make available to the public 168 
and submit to the Council committee with jurisdiction over DCPS the final at-risk funds spending 169 
plan of each school for the following fiscal year.”.  170 
 Sec. 7. Fiscal impact statement.  171 
 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 172 
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 173 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).  174 
 Sec. 8. Effective date.  175 
 This act shall take effect following approval by the Mayor (or in the event of veto by the 176 
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 177   
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provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 178 
1973 (87 Stat. 788; D.C. Official Code §1-206.02(c)(1)), and publication in the District of 179 
Columbia Register.  180