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   ___________________________                                ______________________________
 2   Councilmember Kenyan R. McDuffie                           Councilmember Charles Allen
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 5   ___________________________                                ______________________________
 6   Councilmember Brianne K. Nadeau                            Councilmember Brooke Pinto
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 8
 9   ______________________________
10   Councilmember Robert C. White, Jr.
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12
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14                                                A BILL
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16                                           ______________
17
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19                      IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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21                                       _____________________
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24   To amend the Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011
25         to require that schools be designated as priority areas for the Safe Passages Safe Blocks
26         program according to a specified timetable and chronic absenteeism rate; to amend the
27         Neighborhood Engagement Achieves Results Amendment Act of 2016 to require the
28         Office of Neighborhood Safety and Engagement to provide Leadership Academy services
29         to the top 5 high schools and corresponding feeder middle school where the rate of chronic
30         absenteeism is highest; to amend Article II of An Act To provide for compulsory school
31         attendance, for the taking of a school census in the District of Columbia, and for other
32         purposes, to require that an educational institution meet and intervene with a minor student
33         prior to referring the minor student to the Child and Family Services Agency or the Office
34         of the Attorney General, to require the Department of Human Services and the minor
35         student’s educational institution to submit status reports to each other on a minor student’s
36         participation in a diversion program and attendance in school; to amend the Uniform Per
37         Student Funding Formula for Public Schools and Public Charter Schools and Tax
38         Conformity Clarification Amendment Act of 1998 to create a new additional funding
39         category for students who are chronically absent; and to amend the Schools First in
40         Budgeting Amendment Act of 2022 to permit the principal of a school to allocate how
41         additional at-risk or chronically absent funding allocated to the school shall be spent.
42
43          BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
44   act may be cited as the “Chronic Absenteeism and Truancy Reduction Amendment Act of 2024”.
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45           Sec. 2. Section 3023(a) of the Office of the Deputy Mayor for Public Safety and Justice
46   Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code §
47   1-301.192(a)), is amended to read as follows:
48           “(a)(1) The Deputy Mayor for Public Safety and Justice (“Deputy Mayor”) shall have
49   grant-making authority for the purpose of providing grants to support the Safe Passage Safe Blocks
50   program, which provides a presence and safe passage for students and families as they travel to
51   and from school.
52                  “(2)(A) The Deputy Mayor shall, in coordination with the Deputy Mayor for
53   Education and the Office of the State Superintendent of Education, designate as priority areas the
54   schools where the rate of chronic absenteeism, as defined in section 1(1A) of Article I of An Act
55   To provide for compulsory school attendance, for the taking of a school census in the District of
56   Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code §
57   38-201(1A)), is:
58                                 “(i) For School Year 2024-2025, above 50%;
59                                 “(ii) For School Year 2025-2026, above 40%;
60                                 “(iii) For School Year 2026-2027, above 30%; and
61                                 “(iv) For School Year 2027-2028, above 20%.
62                         “(B) Nothing in this paragraph shall preclude the Deputy Mayor, in
63   coordination with the Deputy Mayor for Education and the Office of the State Superintendent of
64   Education, from designating other areas across the District as priority areas based on other
65   criteria.”.
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66           Sec. 3. The Neighborhood Engagement Achieves Results Amendment Act of 2016,
67   effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411 et seq.), is amended as
68   follows:
69           (a) Section 102 (D.C. Official Code § 7-2411) is amended as follows:
70                   (1) Subsection (a) is amended as follows:
71                             (A) Paragraph (3) is amended by striking the phrase “; and” and inserting a
72   semicolon in its place.
73                             (B) Paragraph (4) is amended by striking the period and inserting the phrase
74   “; and” in its place.
75                             (C) A new paragraph (5) is added to read as follows:
76                   “(5) The Leadership Academy, which shall serve students at participating schools
77   to promote positive outcomes for youth by fostering relationships with caring adults, engaging
78   youth in experiences that promote growth and personal learning, and creating environments where
79   youth feel safe and cared for.”.
80                   (2) Subsection (b) is amended as follows:
81                             (A) Paragraph (6) is amended by striking the phrase “; and” and inserting a
82   semicolon in its place.
83                             (B) Paragraph (7) is amended by striking the period and inserting the phrase
84   “; and” in its place.
85                             (C) A new paragraph (8) is added to read as follows:
86                   “(8) Collaborating with District agencies to administer the Leadership Academy
87   and identifying schools pursuant to section 103c of the Neighborhood Engagement Achieves
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 88   Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code
 89   § 7-2411 et seq.).”.
 90           (b) A new section 103c is added to read as follows:
 91           “Sec. 103c. Leadership Academy services.
 92           “ONSE shall, in coordination with the Deputy Mayor for Education, Office of the State
 93   Superintendent of Education, and the District of Columbia Public Schools, offer Leadership
 94   Academy services to the five high schools with the highest rates of chronic absenteeism, as defined
 95   in section 1(1A) of Article I of An Act To provide for compulsory school attendance, for the taking
 96   of a school census in the District of Columbia, and for other purposes, approved February 4, 1925
 97   (43 Stat. 806; D.C. Official Code § 38-201(1A)), and their corresponding feeder middle school.”.
 98           Sec. 4. Act II of An Act To provide for compulsory school attendance, for the taking of a
 99   school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43
100   Stat. 806; D.C. Official Code § 38-201 et seq.), is amended as follows:
101           (a) Section 7(c) (D.C. Official Code § 38-208(c)) is amended by adding a new paragraph
102   (3) to read as follows:
103                   “(3) The educational institution, after five unexcused absences in a marking period,
104   and prior to referring the minor student according to the requirements set forth in paragraph (1) of
105   this subsection, shall:
106                             “(A) Meet and intervene with the student; and
107                             “(B) Develop an action plan and strategies that are school-based or
108   community-based to enhance the minor student’s attendance.”.
109           (b) Section 8 (D.C. Official Code § 38-209) is amended to read as follows:
110           “Sec. 8. Reporting requirements.
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111          “(a) By July 15 of each year, beginning in 2014, the Office of the Attorney General shall
112   submit to the Mayor and the Secretary to the Council a truancy status report on the preceding
113   school year, which shall include the number of:
114                  “(1) Referrals it received from each educational institution;
115                  “(2) Cases it filed pursuant to this act, and the outcome of each;
116                  “(3) Child-in-need of supervision cases filed pursuant to this act, and the outcome
117   of each; and
118                  “(4) Students who were enrolled in a court diversion program, or other diversion
119   program pursuant to this act.
120          “(b) On the first day of each month, the Department of Human Services shall provide a
121   status report detailing the progress of a minor student enrolled in a diversion program administered
122   by the agency to the educational institution where the minor student is enrolled.
123          “(c) On the first day of each month, the educational institution where the minor student is
124   enrolled shall provide a report detailing the minor student’s attendance in school to the diversion
125   program where the minor student is enrolled.”.
126          Sec. 5. The Uniform Per Student Funding Formula for Public Schools and Public Charter
127   Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 26, 1999
128   (D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.), is amended as follows:
129          (a) Section 102 (D.C. Official Code § 38-2901) is amended by adding a new paragraph
130   (2D) to read as follows:
131                  “(2D) “Chronically absent” means a student who misses more than 10% of school
132   days, including excused and unexcused absences, pursuant to section 1(1A) of Article I of An Act
133   To provide for compulsory school attendance, for the taking of a school census in the District of
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134   Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code §
135   38-201(1A)).”.
136           (b) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended as follows:
137                    (1) Subsection (a-1) is amended by striking the phrase “as at-risk” and inserting the
138   phrase “as at-risk or chronically absent” in its place.
139                    (2) The General Education Add-ons tabular array is amended by adding a new row
140   at the bottom of the tabular array to read as follows:
       “Chronically      Additional funding for students who are 0.1                     $1,305
       absent            chronically absent
141           (c) Section 106a (D.C. Official Code § 38-2905.01) is amended as follows:
142                    (1) Subsection (a) is amended by striking the phrase “as at-risk” and inserting the
143   phrase “as at-risk or chronically absent” in its place.
144                    (2) Subsection (c) is amended by striking the phrase “at-risk students” and inserting
145   the phrase “at-risk or chronically absent students” in its place.
146           Sec. 6. Section 105(c) of the Schools First in Budgeting Amendment Act of 2022, effective
147   March 10, 2023 (D.C. Law 24-300; D.C. Official Code § 38-2851.04(c)), is amended to read as
148   follows:
149           “(c)(1) Funds provided to schools pursuant to section 106a of the Uniform Per Student
150   Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification
151   Amendment Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-
152   2905.01), shall be available to the principal to use at the principal’s discretion, in consultation with
153   the school’s local advisory school team, for the purpose of improving student achievement and
154   attendance among at-risk or chronically absent students.
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155                  “(2) After consultation with the school’s local school advisory team, a principal
156   shall submit to the Chancellor and make publicly available a written at-risk funds spending plan
157   delineating how funds allocated pursuant to section 106a of the Uniform Per Student Funding
158   Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification
159   Amendment Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-
160   2905.01), will be used and explaining how the uses identified by the principal and local school
161   advisory team will prove student achievement and attendance among at-risk or chronically
162   students.
163                  “(3) The Chancellor may review and amend a school’s at-risk funds spending plan;
164   provided, that if the Chancellor amends a school’s at-risk funds spending plan, the Chancellor shall
165   provide to the principal and make publicly available a written justification for the amendment,
166   including how the amendment will improve student achievement and attendance among at-risk or
167   chronically absent students.
168                  “(4) By February 1 of each year, the Chancellor shall make available to the public
169   and submit to the Council committee with jurisdiction over DCPS the final at-risk funds spending
170   plan of each school for the following fiscal year.”.
171          Sec. 7. Fiscal impact statement.
172          The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
173   statement required by section 4a of the General Legislative Procedures Act of 1975, approved
174   October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
175          Sec. 8. Effective date.
176          This act shall take effect following approval by