Title 38, Educational Institutions.

(a) Unless otherwise required by federal or District law: (1) Beginning in school year 2019-2020, for students in grades kindergarten through 5, and school year 2020-2021 for students in grades 6 through 8, no student may be subject to an out-of-school suspension or disciplinary …

(a) School administrators shall take special consideration regarding the exclusion of a student with a disability. (b) All of a student's disabilities, as defined in section 3(1)(A) and (B) of the Americans with Disabilities Act, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. §…

(a) The Office of the State Superintendent of Education shall provide an array of supports to assist local education agencies and schools to achieve the goals of §§ 38-236.03 through 38-236.05 and to adopt trauma-informed disciplinary practices. The OSSE shall provide local educa…

(a) Each local education agency and entity operating a publicly funded community-based organization shall maintain data for each student that includes: (1) Demographic data including: (A) The campus attended by the student; (B) The student’s grade level; (C) The student’s gender …

(a) Subject to the availability of appropriations, the District of Columbia Board of Education, or its successor, and the District of Columbia Public Schools shall offer a Truancy and Dropout Prevention Program for students who are enrolled in the District of Columbia Public Scho…

(a) For the purposes of this subchapter, the term: (1) "Health condition" means a physical or mental illness, injury, pre-birth complications, childbirth, postpartum recovery, or impairment that prevents a student from participating in the day-to-day activities typically expected…

(a) Beginning in school year 2022-2023, every LEA shall adopt and implement a home and hospital instruction program. Such a program shall: (1) Be designed to promote a participating student's academic progress, allow the student to stay current with classroom instruction in core …

(a)(1) A parent of a student may submit an oral or written request for home or hospital instruction to the LEA in which the student for whom the parent is requesting the instruction is enrolled; provided, that a request may not be granted until the parent submits a written applic…

(a) Except as provided in subsection (b) of this section, a student's home or hospital instruction shall last no longer than the estimated duration of the student's health condition, as provided in the student's medical certification of need, or 60 days, whichever is less. (b) A …

(a) OSSE shall administer an appeals and mediation process for the denial of an application for home or hospital instruction submitted pursuant to § 38-251.03 or § 38-251.04. (b) A parent has a right to appeal the approval or denial decision made by the LEA. The appeals and media…

(a) An LEA shall begin delivering home or hospital instruction no later than 5 school days following an approval of an application for home or hospital instruction. (b) An LEA shall provide a minimum number of hours per week of direct instruction for eligible students according t…

An LEA shall maintain a student receiving home or hospital instruction on the regular attendance roll and count the student as medically excused, except when a student is not available for home or hospital instruction, in which event the student may be counted absent.

(a) A healthcare institution that admits a student approved to receive home or hospital instruction under this subchapter shall, consistent with its obligations under federal and state law, cooperate and coordinate with the student's LEA in providing such instruction to the stude…

(a) Every LEA shall publish its written home and hospital instruction policyonline in a reader-friendly format and provide a copy of the home and hospital instruction policy to parents after a request for home or hospital instruction has been made. (b) On an annual basis, each LE…

No later than 120 days after [insert applicability date], OSSE shall promulgate regulations to implement the provisions of this subchapter.

For the purposes of this chapter, the term: (a)(1) "Child development center" shall have the same meaning as provided in § 4-401(2). (1A) "Child development facility" shall have the same meaning as provided in in § 7-2031(3). (1B) “Child-occupied facility” means a building, or po…

(a) The OSSE shall oversee CBO pre-k education services, including: (1) All programs, including curricula; (2) All related state and federal early childhood programs; (3) Any licensure requirements; (4) Fiscal matters; (5) Funding to: (A) Maximize the use of federal funds and oth…

The Mayor shall submit to the Council by May 15 of each year, a capacity audit of pre-k programs for all sectors, to be used by OSSE to determine the: (1) Repealed. (2) Current capacity of all existing pre-k programs; and (3) Manner in which Head Start programs are incorporated i…

(a) The Mayor shall submit to the Council by May 15 of each year an annual report on the status of pre-k for all sectors, accompanied, in 2009, by the independent quality evaluation required by § 38-271.03, which shall include OSSE’s assessment of the: (1) Annual achievements mad…

(a) Local funding for pre-k programs shall not supplant any funding sources used prior to July 18, 2008, for education programs for children of pre-k age. (b)(1)(A) For each provider that meets the high-quality standards established pursuant to this chapter, local funding shall b…

(a) Within 45 days of March 8, 2011, the Mayor shall establish and convene a State Early Childhood Development Coordinating Council (“Coordinating Council”) to: (1) Improve collaboration and coordination among entities carrying out federally funded and District-funded pre-k and o…

(a) The OSSE shall develop high-quality content standards and program requirements that pre-k programs that receive funds under this chapter are required to meet by September 1, 2014. (b) The program requirements shall include: (1) An adult-to-child ratio of one-to-8 for children…

(a) By July 2009, each pre-k program in the District shall have completed an evaluation, by an independent evaluator, and a financial audit to determine its standing in relation to the required HQ standards. (b) Within 30 days of July 18, 2008, the Mayor shall submit to the Counc…

(a) The OSSE shall establish and administer a grant program to assist existing and new pre-k programs in public schools, public charter schools, and CBOs in meeting the required HQ standards. Each grant shall be a 2-year grant. (b) The OSSE shall establish the criteria for eligib…

(a) The OSSE shall conduct, by September 30th of each year, an evaluation of all pre-k programs to establish existing capacity. (b) By September 2009, and every 5 years thereafter, the OSSE shall submit to the Mayor and the Council a 5-year strategic expansion plan, including an …

(a) To be eligible for enrollment in pre-k, a child shall be a resident of the District and be of pre-k age, or become 3 years of age on or before September 30th of the program year. (b) Except as provided in subsection (c) of this section, priority enrollment shall be first to c…

(a) Beginning in school year 2015-2016, no student of pre-k age may receive a disciplinary unenrollment, as defined in § 38-236.01(3), from any publicly funded community-based organization, school in the District of Columbia Public Schools system, or public charter school that pr…

(a) The University of the District of Columbia shall establish a Higher Education Incentive Program ("HEI Program") for the purpose of increasing the number of early education teachers teaching in the District, including: (1) The number of pre-k teachers and assistant pre-k teach…

(a)(1) As part of the HEI Program, the University of the District of Columbia may establish and administer a scholarship-award program for qualified individuals who have an interest in the early childhood development field or pre-k education field. (2) In exchange for a commitmen…

(a)(1) There is established as a special fund the Higher Education Incentive Program Fund ("HEIP Fund"), which shall be administered by the University of the District of Columbia in accordance with subsection (b) of this section. (2) The HEIP Fund shall be funded through: (A) Loc…

(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 chapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and …

For the purposes of this chapter, the term: (1) “Child and Adult Care Food Program” or “CACF Program” means the program authorized by section 17 of the National School Lunch Act, approved October 7, 1975 (89 Stat. 522; 42 U.S.C. § 1766). (2) “Child development facility” means a l…

(a) Repealed. (b) Repealed. (c) OSSE shall make funds from annual appropriations for the Healthy Tots Program available for the following purposes: (1) To provide additional funding for healthy meals served by child development facilities participating in the CACF Program by reim…

(a) If 50% or more children in a licensed child development facility are eligible for at least 6 continuous months for subsidized child care, the facility shall participate in the CACF Program unless the facility is exempt pursuant to subsection (a-1) of this section or OSSE gran…

(a) The OSSE shall: (1) Provide training to support the efforts of a child development facility to meet the requirements of this chapter; (2) Monitor the progress of a child development facility in complying with this chapter during the facility’s licensing process and record col…

The Department of Parks and Recreation shall, to the extent feasible, partner with child development facilities to allow the facilities to use District recreation centers, fields, playgrounds, and other facilities on occasions that do not conflict with the Department of Parks and…

This chapter shall apply as of October 1, 2015.

(a) By May 31, 2027, the District of Columbia Public Schools ("DCPS"), in coordination with the Department of General Services, the Office of the State Superintendent of Education, the Department of Buildings, and any other relevant District agencies or stakeholders, shall conduc…

For the purposes of this chapter, the term: (1) “Adult” means a person who is 18 years of age, or older. (2) “Adult student” means a student who is at least 18 years old, or who has been emancipated from parental control by marriage, operation of statute, or the order of a court …

(a) In the case of: (1) each adult who attends a public school of the District of Columbia and does not reside in the District of Columbia; and (2) each child who attends such a public school and does not have a parent, guardian, custodian, or other primary caregiver who resides …

(a) The State Education Office shall take such action as may be necessary to determine which of the persons, attending or desiring to attend the public schools of the District of Columbia, for whom tuition shall be paid as required by § 38-302, and said State Education Office is …

(a) Nothing in this chapter shall be construed so as to affect the authority vested in the Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952 (66 Stat. 824). The performance of any function vested by this chapter in the Commissioners of the District of…

Nothing contained in this chapter shall be construed as preventing the Board of Education from requiring students of the District of Columbia Teachers College to pay tuition, and the said Board is authorized, in its discretion, to require the payment of tuition by the students of…

All students enrolled in District of Columbia public schools and public charter schools funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall provide proof of residency in the District or pay tuition pursuant to §…

A student entitled to enrollment without payment of nonresident tuition shall be either: (1) A child who is otherwise eligible for admission to the DCPS or a public charter school, and who qualifies for free instruction under one of the following categories: (A) A child who is in…

(a) The residency status of each student enrolling in a DCPS school or public charter school funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall be established by October 5, or within 10 days of the time of init…