District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0754 Compare Versions

Only one version of the bill is available at this time.

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11	11	March 25, 2024
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13	13	Nyasha Smith, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue, NW
16	16	Washington, D.C. 20004
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18	18	Dear Secretary Smith:
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20	20	Today, along with Councilmembers Kenyan R. McDuffie, Brianne K. Nadeau, Brooke Pinto, and
21	21	Robert C. White, Jr., I am introducing the “Chronic Absenteeism and Truancy Reduction
22	22	Amendment Act of 2024”. Please find enclosed a signed copy of the legislation.
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24	24	The persistently high chronic absenteeism and truancy rates in the District’s schools demand an
25	25	immediate and coordinated response. As way of background, a student is deemed chronically
26	26	absent when they miss 10% or more of the school year, regardless of whether the absence was
27	27	excused or unexcused. A student is deemed truant when they accrue more than 10 unexcused
28	28	absences.
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30	30	For School Year 2022-2023, data released by the Office of the State Superintendent of Education
31	31	shows that two in five students in the District were chronically absent. When looking at high
32	32	school, those figures tell a sobering story: three in five high school students were chronically
33	33	absent from school last year. More troubling is that almost half of high school students were
34	34	deemed truant, with 11 high schools having truancy rates above 70%.
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36	36	Missing out on school means that students run the risk of falling behind on meeting educational
37	37	or achievement milestones, as well as the social supports and skills needed once a student
38	38	graduates from high school, like entering the workforce or college. There is a litany of reasons
39	39	for why students miss class, ranging from arriving late due to taking a sibling to another campus,
40	40	lack of reliable public transit, trouble in the home, or violence in their neighborhood. Students
41	41	need to be in school, and our schools need to be resourced to do the difficult work of providing
42	42	students with a safe and welcome learning environment.
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47	47	This legislation proposes that:
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49	49	• Schools with a chronic absenteeism rate above 20% should be designated as priority
50	50	areas for the Safe Passages Safe Blocks program by School Year 2027-2028. Unsafe
51	51	commutes or neighborhood violence are often reasons why a student isn’t in school. The
52	52	Safe Passages program includes highly visible, trained adults along routes in the morning
53	53	and the afternoon, as well as conflict resolution, mediation services, and community
54	54	relationship-building to keep students safe and improve student attendance. However, it
55	55	doesn’t reach all the schools that need it.
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57	57	• A new additional funding category be added to school budgets specifically to address
58	58	chronic absenteeism. Currently, the Uniform Per Student Funding Formula, the metric
59	59	used to calculate school budgets, does not provide funding for schools based on chronic
60	60	absenteeism. The data bears out these schools, which have historically seen
61	61	underinvestment, have the highest levels of chronic absenteeism. This makes sense, as
62	62	these schools are often serving a higher percentage of children coming from unstable
63	63	situations outside of school walls that demand a more substantive response than most
64	64	schools need to provide.
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66	66	• Schools must meet and intervene with a student after accruing five unexcused absences
67	67	in a marking period. This intervention must take place before referring the student to
68	68	the Child and Family Services Agency or the Office of the Attorney General. Regulations
69	69	currently require the School Support Team intervene with a student after five unexcused
70	70	absences in one marking period. However, not every student gets an intervention
71	71	meeting before being referred to CFSA or OAG. Setting the intervention point as a
72	72	requirement before referral would make this existing intervention more effective. This
73	73	must be paired with additional resources to ensure these interventions are happening.
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75	75	• School principals be given the authority to choose how to use additional at-risk or
76	76	chronically absent funding allocated to the school. Currently, there is no transparency
77	77	over how at-risk funding is used or how additional dollars for chronic absenteeism would
78	78	be spent. These additional dollars are supplemental and should not be used to cover core
79	79	costs. Principals know their schools and their students best and should be given the
80	80	authority to allocate how these additional dollars are spent.
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82	82	• The Department of Human Services and the student’s school to submit status reports
83	83	to each other on a student’s participation in a diversion program and attendance in
84	84	school. This requirement is meant to ensure everyone involved with the child can
85	85	understand what’s happening. Right now, referrals to DHS feel like they go into a black
86	86	hole that make it harder to ensure these interventions are happening.
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91	91	• The Office of Neighborhood Safety and Engagement expand its Leadership Academy
92	92	program to the top five high schools and corresponding feeder middle schools where
93	93	the rate of chronic absenteeism is highest. The ONSE Leadership Academy pairs students
94	94	struggling with attendance, behavior, and schoolwork challenges with professionals and
95	95	mentors who help them through those with case management. As Chair of the Committee
96	96	on the Judiciary and Public Safety, I doubled the Leadership Academy at DC schools, but
97	97	it is still only at three high schools and their corresponding feeder middle schools.
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99	99	Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions
100	100	or for additional information.
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103	103	Sincerely,
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107	107	Councilmember Charles Allen, Ward 6
108	108	Chairperson, Committee on Transportation & the Environment
109	109	Chair, Metropolitan Washington Council of Governments
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111	111	___________________________ ______________________________ 1
112	112	Councilmember Kenyan R. McDuffie Councilmember Charles Allen 2
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115	115	___________________________ ______________________________ 5
116	116	Councilmember Brianne K. Nadeau Councilmember Brooke Pinto 6
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119	119	______________________________ 9
120	120	Councilmember Robert C. White, Jr. 10
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124	124	A BILL 14
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126	126	______________ 16
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129	129	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 19
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131	131	_____________________ 21
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134	134	To amend the Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011 24
135	135	to require that schools be designated as priority areas for the Safe Passages Safe Blocks 25
136	136	program according to a specified timetable and chronic absenteeism rate; to amend the 26
137	137	Neighborhood Engagement Achieves Results Amendment Act of 2016 to require the 27
138	138	Office of Neighborhood Safety and Engagement to provide Leadership Academy services 28
139	139	to the top 5 high schools and corresponding feeder middle school where the rate of chronic 29
140	140	absenteeism is highest; to amend Article II of An Act To provide for compulsory school 30
141	141	attendance, for the taking of a school census in the District of Columbia, and for other 31
142	142	purposes, to require that an educational institution meet and intervene with a minor student 32
143	143	prior to referring the minor student to the Child and Family Services Agency or the Office 33
144	144	of the Attorney General, to require the Department of Human Services and the minor 34
145	145	student’s educational institution to submit status reports to each other on a minor student’s 35
146	146	participation in a diversion program and attendance in school; to amend the Uniform Per 36
147	147	Student Funding Formula for Public Schools and Public Charter Schools and Tax 37
148	148	Conformity Clarification Amendment Act of 1998 to create a new additional funding 38
149	149	category for students who are chronically absent; and to amend the Schools First in 39
150	150	Budgeting Amendment Act of 2022 to permit the principal of a school to allocate how 40
151	151	additional at-risk or chronically absent funding allocated to the school shall be spent. 41
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153	153	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 43
154	154	act may be cited as the “Chronic Absenteeism and Truancy Reduction Amendment Act of 2024”. 44
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156	156	Sec. 2. Section 3023(a) of the Office of the Deputy Mayor for Public Safety and Justice 45
157	157	Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 46
158	158	1-301.192(a)), is amended to read as follows: 47
159	159	“(a)(1) The Deputy Mayor for Public Safety and Justice (“Deputy Mayor”) shall have 48
160	160	grant-making authority for the purpose of providing grants to support the Safe Passage Safe Blocks 49
161	161	program, which provides a presence and safe passage for students and families as they travel to 50
162	162	and from school. 51
163	163	“(2)(A) The Deputy Mayor shall, in coordination with the Deputy Mayor for 52
164	164	Education and the Office of the State Superintendent of Education, designate as priority areas the 53
165	165	schools where the rate of chronic absenteeism, as defined in section 1(1A) of Article I of An Act 54
166	166	To provide for compulsory school attendance, for the taking of a school census in the District of 55
167	167	Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 56
168	168	38-201(1A)), is: 57
169	169	“(i) For School Year 2024-2025, above 50%; 58
170	170	“(ii) For School Year 2025-2026, above 40%; 59
171	171	“(iii) For School Year 2026-2027, above 30%; and 60
172	172	“(iv) For School Year 2027-2028, above 20%. 61
173	173	“(B) Nothing in this paragraph shall preclude the Deputy Mayor, in 62
174	174	coordination with the Deputy Mayor for Education and the Office of the State Superintendent of 63
175	175	Education, from designating other areas across the District as priority areas based on other 64
176	176	criteria.”. 65
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178	178	Sec. 3. The Neighborhood Engagement Achieves Results Amendment Act of 2016, 66
179	179	effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411 et seq.), is amended as 67
180	180	follows: 68
181	181	(a) Section 102 (D.C. Official Code § 7-2411) is amended as follows: 69
182	182	(1) Subsection (a) is amended as follows: 70
183	183	(A) Paragraph (3) is amended by striking the phrase “; and” and inserting a 71
184	184	semicolon in its place. 72
185	185	(B) Paragraph (4) is amended by striking the period and inserting the phrase 73
186	186	“; and” in its place. 74
187	187	(C) A new paragraph (5) is added to read as follows: 75
188	188	“(5) The Leadership Academy, which shall serve students at participating schools 76
189	189	to promote positive outcomes for youth by fostering relationships with caring adults, engaging 77
190	190	youth in experiences that promote growth and personal learning, and creating environments where 78
191	191	youth feel safe and cared for.”. 79
192	192	(2) Subsection (b) is amended as follows: 80
193	193	(A) Paragraph (6) is amended by striking the phrase “; and” and inserting a 81
194	194	semicolon in its place. 82
195	195	(B) Paragraph (7) is amended by striking the period and inserting the phrase 83
196	196	“; and” in its place. 84
197	197	(C) A new paragraph (8) is added to read as follows: 85
198	198	“(8) Collaborating with District agencies to administer the Leadership Academy 86
199	199	and identifying schools pursuant to section 103c of the Neighborhood Engagement Achieves 87
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201	201	Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code 88
202	202	§ 7-2411 et seq.).”. 89
203	203	(b) A new section 103c is added to read as follows: 90
204	204	“Sec. 103c. Leadership Academy services. 91
205	205	“ONSE shall, in coordination with the Deputy Mayor for Education, Office of the State 92
206	206	Superintendent of Education, and the District of Columbia Public Schools, offer Leadership 93
207	207	Academy services to the five high schools with the highest rates of chronic absenteeism, as defined 94
208	208	in section 1(1A) of Article I of An Act To provide for compulsory school attendance, for the taking 95
209	209	of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 96
210	210	(43 Stat. 806; D.C. Official Code § 38-201(1A)), and their corresponding feeder middle school.”. 97
211	211	Sec. 4. Act II of An Act To provide for compulsory school attendance, for the taking of a 98
212	212	school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 99
213	213	Stat. 806; D.C. Official Code § 38-201 et seq.), is amended as follows: 100
214	214	(a) Section 7(c) (D.C. Official Code § 38-208(c)) is amended by adding a new paragraph 101
215	215	(3) to read as follows: 102
216	216	“(3) The educational institution, after five unexcused absences in a marking period, 103
217	217	and prior to referring the minor student according to the requirements set forth in paragraph (1) of 104
218	218	this subsection, shall: 105
219	219	“(A) Meet and intervene with the student; and 106
220	220	“(B) Develop an action plan and strategies that are school-based or 107
221	221	community-based to enhance the minor student’s attendance.”. 108
222	222	(b) Section 8 (D.C. Official Code § 38-209) is amended to read as follows: 109
223	223	“Sec. 8. Reporting requirements. 110
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225	225	“(a) By July 15 of each year, beginning in 2014, the Office of the Attorney General shall 111
226	226	submit to the Mayor and the Secretary to the Council a truancy status report on the preceding 112
227	227	school year, which shall include the number of: 113
228	228	“(1) Referrals it received from each educational institution; 114
229	229	“(2) Cases it filed pursuant to this act, and the outcome of each; 115
230	230	“(3) Child-in-need of supervision cases filed pursuant to this act, and the outcome 116
231	231	of each; and 117
232	232	“(4) Students who were enrolled in a court diversion program, or other diversion 118
233	233	program pursuant to this act. 119
234	234	“(b) On the first day of each month, the Department of Human Services shall provide a 120
235	235	status report detailing the progress of a minor student enrolled in a diversion program administered 121
236	236	by the agency to the educational institution where the minor student is enrolled. 122
237	237	“(c) On the first day of each month, the educational institution where the minor student is 123
238	238	enrolled shall provide a report detailing the minor student’s attendance in school to the diversion 124
239	239	program where the minor student is enrolled.”. 125
240	240	Sec. 5. The Uniform Per Student Funding Formula for Public Schools and Public Charter 126
241	241	Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 26, 1999 127
242	242	(D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.), is amended as follows: 128
243	243	(a) Section 102 (D.C. Official Code § 38-2901) is amended by adding a new paragraph 129
244	244	(2D) to read as follows: 130
245	245	“(2D) “Chronically absent” means a student who misses more than 10% of school 131
246	246	days, including excused and unexcused absences, pursuant to section 1(1A) of Article I of An Act 132
247	247	To provide for compulsory school attendance, for the taking of a school census in the District of 133
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249	249	Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 134
250	250	38-201(1A)).”. 135
251	251	(b) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended as follows: 136
252	252	(1) Subsection (a-1) is amended by striking the phrase “as at-risk” and inserting the 137
253	253	phrase “as at-risk or chronically absent” in its place. 138
254	254	(2) The General Education Add-ons tabular array is amended by adding a new row 139
255	255	at the bottom of the tabular array to read as follows: 140
256	256	(c) Section 106a (D.C. Official Code § 38-2905.01) is amended as follows: 141
257	257	(1) Subsection (a) is amended by striking the phrase “as at-risk” and inserting the 142
258	258	phrase “as at-risk or chronically absent” in its place. 143
259	259	(2) Subsection (c) is amended by striking the phrase “at-risk students” and inserting 144
260	260	the phrase “at-risk or chronically absent students” in its place. 145
261	261	Sec. 6. Section 105(c) of the Schools First in Budgeting Amendment Act of 2022, effective 146
262	262	March 10, 2023 (D.C. Law 24-300; D.C. Official Code § 38-2851.04(c)), is amended to read as 147
263	263	follows: 148
264	264	“(c)(1) Funds provided to schools pursuant to section 106a of the Uniform Per Student 149
265	265	Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification 150
266	266	Amendment Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-151
267	267	2905.01), shall be available to the principal to use at the principal’s discretion, in consultation with 152
268	268	the school’s local advisory school team, for the purpose of improving student achievement and 153
269	269	attendance among at-risk or chronically absent students. 154
270	270	“Chronically
271	271	absent
272	272	Additional funding for students who are
273	273	chronically absent
274	274	0.1 $1,305
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276	276	“(2) After consultation with the school’s local school advisory team, a principal 155
277	277	shall submit to the Chancellor and make publicly available a written at-risk funds spending plan 156
278	278	delineating how funds allocated pursuant to section 106a of the Uniform Per Student Funding 157
279	279	Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification 158
280	280	Amendment Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-159
281	281	2905.01), will be used and explaining how the uses identified by the principal and local school 160
282	282	advisory team will prove student achievement and attendance among at-risk or chronically 161
283	283	students. 162
284	284	“(3) The Chancellor may review and amend a school’s at-risk funds spending plan; 163
285	285	provided, that if the Chancellor amends a school’s at-risk funds spending plan, the Chancellor shall 164
286	286	provide to the principal and make publicly available a written justification for the amendment, 165
287	287	including how the amendment will improve student achievement and attendance among at-risk or 166
288	288	chronically absent students. 167
289	289	“(4) By February 1 of each year, the Chancellor shall make available to the public 168
290	290	and submit to the Council committee with jurisdiction over DCPS the final at-risk funds spending 169
291	291	plan of each school for the following fiscal year.”. 170
292	292	Sec. 7. Fiscal impact statement. 171
293	293	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 172
294	294	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 173
295	295	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 174
296	296	Sec. 8. Effective date. 175
297	297	This act shall take effect following approval by the Mayor (or in the event of veto by the 176
298	298	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 177
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300	300	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 178
301	301	1973 (87 Stat. 788; D.C. Official Code §1-206.02(c)(1)), and publication in the District of 179
302	302	Columbia Register. 180