Title 38 — Educational Institutions.
65 chapters · 836 sections in this title.
D.C. Code § 38-601 Definitions
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For the purposes of this subchapter: (1) “Adult student” and “minor student” mean those terms as they are defined in § 499 of the Board of Education Rules, effective July 29, 1977 (5 DCMR 2099). (2) “Certified nurse practitioner” means a registered nurse who is licensed in the Un…
D.C. Code § 38-602 Examination requirements; certificates of health, testing for lead poisoning and dental health
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(a) Except as provided in § 38-603, each student attending prekindergarten through grade 12 in a public, public charter, private, or independent school in the District of Columbia shall furnish the school annually with a certificate of health completed and signed by a physician o…
D.C. Code § 38-603 Exemption for religious beliefs
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Certificates of health, testing for lead poisoning and dental health shall not be required under this subchapter, and no physical, lead poisoning or dental examination shall be required by the Mayor, if a minor student’s parent or guardian or an adult student submits in good fait…
D.C. Code § 38-604 Notice of noncompliance; attendance unaffected
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(a) No student shall be excluded from school on account of his or her failure to furnish a required certificate of health, testing for lead poisoning or dental health. If a certificate of health, testing for lead poisoning or dental health is not furnished when required, the prin…
D.C. Code § 38-605 Fee for examination by public health authorities; indigency
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A fee, based on rates to be established by the Mayor, shall be charged to a minor student’s parent(s) or guardian or an adult student when the student has been examined by public health authorities pursuant to this subchapter and the parent(s), guardian, or adult student is not i…
D.C. Code § 38-606 Duty to obtain treatment
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If a student is excluded from school pursuant to subchapter II of Chapter 1 of Title 7, it shall be his or her responsibility if an adult student, and the responsibility of his or her parent(s) or guardian if a minor student, to obtain any treatment necessary for him or her to re…
D.C. Code § 38-607 Student health files
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(a) The Board of Education, with respect to public school students, and the Mayor, with respect to private school students, shall establish uniform procedures requiring elementary and secondary schools in the District to maintain health files for each student. Each student’s heal…
D.C. Code § 38-608 Joint administration by Mayor and Board of Education; rules
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The Mayor and the Board of Education shall jointly administer this subchapter and each shall issue rules pursuant to subchapter I of Chapter 5 of Title 2, to carry out its purposes.
D.C. Code § 38-609 Protection from liability
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Neither the District government or its agencies, officials, and employees nor any private school or its officials and employees shall be subject to civil or criminal liability for failing to recognize or communicate a need for treatment from information contained in a student’s h…
D.C. Code § 38-610 Reporting and studies of lead poisoning tests
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(a) The Mayor shall establish requirements for the mandatory reporting of all lead poisoning tests conducted in the District of Columbia. (b) The Mayor shall use the data collected in subsection (a) of this section to conduct an epidemiological study for the purpose of preventing…
D.C. Code § 38-621 Assignment to schools; hours; level of services; nurse or athletic trainer at sponsored athletic events; funding
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(a) A registered nurse shall be assigned to each District of Columbia (“District”) elementary and secondary public and public charter school a minimum of 12 hours per week during each semester and during summer school if a summer school program is operated. (b)(1) The minimum hou…
D.C. Code § 38-631 Definitions
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Repealed Repealed.
D.C. Code § 38-632 Administration of medication by a public school employee
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Repealed.
D.C. Code § 38-633 Requirements for the licensed practitioner
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Repealed.
D.C. Code § 38-634 Rules and regulations for implementation of subchapter
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Repealed.
D.C. Code § 38-651.01 Definitions
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For the purposes of this subchapter, the term: (1) “Emergency circumstances” means reasonably apparent circumstances that indicate that any delay in treatment would endanger the health or life of the student. (2) “Medication” means any prescription or non-prescription drug used t…
D.C. Code § 38-651.02 Possession and self-administration of medication
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A student may possess and self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation, in order to treat asthma, anaphylaxis, or other illness; provided, that: (1) The responsibl…
D.C. Code § 38-651.03 Medication action plan
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(a) A valid medication action plan shall include: (1) Written medical authorization, signed by a licensed health practitioner, that states: (A) The name of the student; (B) Emergency contact information for the responsible person; (C) Contact information for the licensed health p…
D.C. Code § 38-651.04 Medication administration training program
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(a) By July 1, 2008, the Mayor shall develop and implement a medication administration training program, which shall provide training and certification of employees and agents of a school to: (1) Administer medication to students with valid medication action plans who are not aut…
D.C. Code § 38-651.05 Administration of medication
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An employee or agent trained and certified pursuant to § 38-651.04 may administer medication to a student with a valid medication action plan; provided, that: (1) The responsible person has delivered the medication to be administered to the school; (2) The employee or agent is un…
D.C. Code § 38-651.06 Administration of medication in emergency circumstances
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(a) No employee or agent of a school shall administer medication in emergency circumstances to any student unless he or she has been trained and certified pursuant to § 38-651.04. (b) The Mayor shall obtain a standing order signed by at least one practicing physician licensed in …
D.C. Code § 38-651.07 Posting of emergency response information
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By July 1, 2008, the Mayor shall develop a standardized form for posting emergency response information. The information shall be posted in all schools and shall include: (1) An explanation of the symptoms and possible consequences of conditions covered by this subchapter; (2) Th…
D.C. Code § 38-651.08 Maintenance of records
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(a) A school shall keep the medication action plans in the school health suite or other designated, easily accessible location. (b) A school shall create and maintain a list of students with valid medication action plans, including the emergency contact information for each stude…
D.C. Code § 38-651.09 Storage of medication
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(a) A school may procure medication for the treatment of asthma, anaphylaxis, or other illness for use in emergency circumstances. The medication shall be properly stored and maintained in an easily accessible location. (b)(1) A school may receive medication to store for the trea…
D.C. Code § 38-651.10 Misuse
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(a) A school may deny a medication action plan pursuant to terms established by the Mayor. (b) A student who self-administers medication while at school, at a school-sponsored activity, or while on school-sponsored transportation for a purpose other than his or her own treatment …
D.C. Code § 38-651.11 Liability
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The District, a school, or an employee or agent of a school shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton o…
D.C. Code § 38-651.12 Rules
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(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter. (b) The Mayor may establish, by regulation, additional types of medication that a student may self-administer and other illnesses f…