March 28, 2024
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue NW
Washington, DC 20004
Dear Secretary Smith,
Today, I am introducing the Showing Up for Students Amendment Act of 2024. Please find
enclosed a signed copy of the legislation, which is co-introduced by Councilmembers Anita
Bonds and Vincent Gray.
During the 2022-2023 school year, 43 percent of District students were chronically absent
(having been absent, including both excused and unexcused partial and full-day absences, for at
least 10 percent of enrolled instructional days.) and 37 percent were truant (having accrued at
least 10 full-day unexcused absences during the school year). 1 The statistics are even more stark
for high school students, 60 percent of whom were chronically absent and 47 percent of whom
were chronically truant. Figures in the report’s appendix show that economically disadvantaged
students were more than two and a half times more likely to be chronically absent or chronically
truant, and that the risk of truancy and absenteeism is significantly higher for students with
disabilities, students whose families are eligible for TANF/SNAP, who are under the care of the
Child and Family Services Agency, homeless, or overage.
The District’s high rates of absenteeism and truancy is the product of many related shortcomings,
but one glaring problem is that the process by which we refer students for engagement for
unexcused absences fails the vast majority of students and families who enter it. Unlike most
other jurisdictions, the District currently requires that students be referred first to adversarial
agencies (the Child and Family Services Agency or CFSA for children 13 and younger and the
1
D.C. Office of the State Superintendent of Education, District of Columbia Attendance Report
2022-23 School Year, Nov. 30, 2023,
https://osse.dc.gov/sites/default/files/dc/sites/osse/publication/attachments/2022-
23%20Attendance%20Report_FINAL_0.pdf.
Court of Social Services Division and the Office of the Attorney General for children 14 and
older) rather than a social service agency. This causes an administrative delay in addressing the
vast majority of cases where legal action is unnecessary and is unlikely to address the cause of
absenteeism. CFSA and OAG also do not engage in the vast majority of cases that are referred to
them.
In addition, the District’s current efforts to counteract absenteeism do not provide sufficient
support to local education agencies who are unavoidably the first and most important points of
contact for parents and students. And in rare and extreme cases where a parent or guardian is the
cause of a child’s educational advancement being threatened, the District’s legal standards for
educational neglect lack enforceable standards.
The Showing Up for Students Amendment Act seeks to address these issues in four ways:
(1) The bill will create a culture in which parents and schools are expected to communicate about
a student’s absence, while allowing more grace for students’ lived experiences. The legislation
expands the set of valid excuses to include specific or presumed threats of violence, the serious
illness of a family member, housing displacement, and absences relating to family and
immigration court proceedings.
(2) The bill will modify the process for engagement with families of students who accrue
unexcused absences. The legislation will shift the burden of referrals from schools to OSSE
through automated data systems. OSSE will assume the initial responsibility of referring students
with 7 or more unexcused absences in a rolling 120-day period to the Department of Human
Services, the agency best placed to link them with services that can address the underlying cause
of absenteeism. DHS’s assumption of this responsibility will be phased in over two years—
starting first with children 14 and up. If DHS’s efforts fail, students aged 13 and under will then
be referred to Child and Family Services Agency (CFSA) at 20 unexcused absences (referrals to
CFSA currently occur after 10 unexcused absences), and students 14 and older will be referred to
the Office of the Attorney General (OAG) at 25 unexcused absences (referrals to OAG currently
occur after 15 unexcused absences). For any student with more than 20 unexcused absences in a
year, the bill will require a summer home visit to explore barriers to attendance and update the
student’s individualized education plan.
(3) The bill will task District education agencies with providing greater analysis, support, and
interagency coordination to reduce absenteeism and truancy. The Office of the State
Superintendent of Education (OSSE)’s annual truancy report will be required to include an
analysis of root causes, effective interventions, and additional funding needs; OSSE will be
required to establish a tiered system of support for school experiencing high rates of truancy or
absenteeism; and OSSE will be required to establish attendance incentive programs for District
public school students, student organizations, athletic programs, and out-of-school programs.
The Deputy Mayor for Education will be required to conduct a biannual review of chronic
absenteeism and truancy trends with the Deputy Mayor for Health and Human Services and local
education agency leaders.
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(4) The bill will adjust the District’s neglect and child supervision standards to ensure that
children are not held accountable for the mistakes of adults who fail them and to define the
existing concept of educational neglect. To establish that a child is in need of supervision, the bill
will require CFSA to demonstrate that District agencies have provided legally required support
to a child, including engagement by a student support team, referral to DHS, and implementation
of an individualized education plan. The bill will also establish clear parameters for educational
neglect—a concept that already exists in D.C. Official Code § 16–2301. The bill will establish
that the term “neglected child” includes a child who has 30 or more unexcused absences in any
an academic year and whose parent, guardian, or custodian’s ongoing actions or pattern of
inaction are the proximate cause of the child’s failure to secure an education.” While the
overarching aim of the bill is to significantly reduce reliance on CFSA, these changes ensure that
educational neglect cases can be pursued in the rare and extreme circumstances in which they are
needed.
I look forward to working with my colleagues on the Council and the Executive to reduce
truancy and absenteeism in the District. Please contact my Deputy Chief of Staff, Conor Shaw, at
cshaw@dccouncil.gov if you have any questions about this legislation.
Sincerely,
Zachary Parker
Ward 5 Councilmember
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 1
2 _____________________________ _____________________________
3 Councilmember Anita Bonds Councilmember Zachary Parker
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5
6
7 _____________________________
8 Councilmember Vincent C. Gray
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10
11 A BILL
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13 _________________________
14
15 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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17 _________________________
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20 To amend An Act “To provide for compulsory school attendance, for the taking of a school
21 census in the District of Columbia, and for other purposes,” to improve notification
22 procedures for school absences, require more robust reporting of truancy and absenteeism
23 data, to charge the Office of the State Superintendent for Education with referring
24 students who accrue unexcused absences in the first instance to the Department of
25 Human Services, to provide for subsequent referral to the Child and Family Services
26 Agency or the Office of the Attorney General when a significant number of additional
27 unexcused absences are accrued; to amend the State Education Office Establishment Act
28 of 2000 to require the Office of the State Superintendent for Education to provide tiered
29 support to schools with higher rates of absenteeism and truancy, to require the Office of
30 the State Superintendent for Education to establish an attendance incentive program, and
31 to expand valid excuses for a student’s absence; to amend The Public Education Reform
32 Amendment Act of 2007 to require the District of Columbia Public Schools to update its
33 disciplinary policies to include restorative discipline practices, and to require the Deputy
34 Mayor for Education to convene regular meetings with school leaders regarding effective
35 responses to truancy and absenteeism; and to amend An Act to enact part II of the District
36 of Columbia Code, entitled "Judiciary and Judicial Procedure," codifying the general and
37 permanent laws relating to the judiciary and judicial procedure of the District of
38 Columbia to ensure that families are not facing accountability for District agency failures
39 to provide services to children and to clarify the standard for educational neglect.
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41 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may
42 be cited as the “Showing Up for Students Amendment Act of 2024”.
43 Sec. 2. An Act To provide for compulsory school attendance, for the taking of a school
44 census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat.
45 806; D.C. Official Code sec. 38–201 et seq.), is amended as follows:
46 (a) Sections 5-7 of Article I (D.C. Official Code § 38–203) are amended as follows:
47 (1) Subsection (i) is amended by striking the phrase “Within 60 days after the
48 end of a school year” and inserting the phrase “Within 10 business days of the last school day of
49 each month”.
50 (2) Paragraph (i)(A) is amended by:
51 (A) striking the word “and” in subparagraph (iii)
52 (B) inserting the word “and” after the semicolon in subparagraph (iv)
53 (C) inserting a new subparagraph (v) to read as follows:
54 “(v) three or more days in any 30-day rolling period;”
55 (3) Subsection (k) is amended by inserting the sentence “Beginning in 2024 and
56 each year thereafter, this report shall identify the most common root causes of truancy and
57 chronic absenteeism; the most effective interventions in the district; and an assessment of
58 additional funding that would be needed to meet the unmet identified needs of students at risk of
59 truancy and chronic absenteeism, including home visits, telehealth, clothing, housing vouchers,
60 direct cash assistance, behavioral health services, and reliable transportation.” after the word
61 “attendance.”
62 (b) Section 1 of Article II (D.C. Official Code § 38–202) is amended to read as follows:
63 “(d) The Board shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to
64 establish requirements to govern acceptable credit for studies completed at independent or
65 private schools and private instruction, to govern the selection and appointment of appropriate
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66 staff members to carry out the provisions of this chapter under the direction of the
67 Superintendent of Schools, pursuant to Chapter 6 of Title 1, and in respect to other matters
68 within the scope of authority of the Board that relates to this subchapter. The requirements issued
69 by the Board shall include a requirement that each educational institution shall make at least one
70 attempt to contact the parent, guardian, or other person who has custody of a minor who has an
71 apparent unexcused absence within two business days of the failure of a parent or guardian to
72 provide a valid excuse for absence. An educational institution shall be permitted to meet this
73 requirement by sending an automated text, email, or pre-recorded phone call.”
74 (c) Section 7(c)(1)(A) of Article II (D.C. Official Code § 38–208) is amended to read as
75 follows:
76 “(a) Repealed.
77 “(b) Within 2 business days of the 3rd unexcused absence in any 30 day period, the
78 educational institution shall notify the Office of the State Superintendent of Education which
79 shall provide the parent or guardian with the truancy prevention resource guide created pursuant
80 to § 38-2602(b)(19); provided, that the parent has not previously received the truancy prevention
81 resource guide.
82 “(c) In addition to the requirements set forth in subsection (b) of this section:
83 “(1) (A) Beginning in the 2016-2017 school year, the educational institution
84 shall refer a minor student 5 years of age through 13 years of age to the Child and Family
85 Services Agency pursuant to § 4-1321.02(b)(1)(B) no later than 2 business days after the accrual
86 of 10 unexcused full school day absences within a school year. Beginning in the 2025-2026
87 school year, this subparagraph shall no longer apply.
88 “(B) Beginning in the 2016-2017 school year, the educational institution
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 89 shall refer a minor student 14 years of age through 17 years of age to the Court Social Services
90 Division of the Superior Court of the District of Columbia and to the Office of the Attorney
91 General Juvenile Section no later than 2 business days after the accrual of 15 unexcused full
92 school day absences within a school year. Beginning in the 2024-2025 school year, this
93 subparagraph shall no longer apply.
94 “(C) The educational institution shall have discretion with regard to the
95 referral requirements set forth in subparagraphs (A) and (B) of this paragraph if a minor student
96 accrues the 10th or 15th unexcused absence, respectively, within the final 10 school days of a
97 school year. Beginning in the 2024-2025 school year, this subparagraph shall no longer apply.
98 “(D) Beginning in the 2024-2025 school year, the Office of the State
99 Superintendent for Education, using attendance data provided by educational institutions, shall
100 refer a minor student 14 years of age through 17 years of age to the Department of Human
101 Services no later than 2 business days after the accrual of 7 unexcused absences in a rolling 120-
102 day period and may make a referral if a minor student has accrued 7 excused or unexcused
103 absences in a school year. Within two business days of referring a student to the Department of
104 Human Services, the Office of the State Superintendent for Education shall notify the
105 educational institution where the student is enrolled of the referral.
106 “(E) Beginning in the 2025-2026 school year, the Office of the State
107 Superintendent for Education, using attendance data provided by educational institutions, shall
108 refer a minor student 5 years of age through 13 years of age to the Department of Human
109 Services no later than 2 business days after the accrual of 7 unexcused absences in a rolling 120-
110 day period and may make a referral if a minor student has accrued 7 excused or unexcused
111 absences in a school year.
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112 “(F) By the beginning of the 2024-2025 school year, the Office of the
113 State Superintendent for Education shall establish a process for a parent or guardian to cure an
114 unexcused absence by providing evidence that an unexcused absence was recorded in error.
115 “(2) Within 3 business days of the Office of the Attorney General, Juvenile
116 Section receiving written notification pursuant to paragraph (1)(B) of this subsection, the Office
117 of the Attorney General shall send the minor student’s parent a letter notifying the parent that he
118 or she may be subject to prosecution for violation of the school attendance requirements under
119 this subchapter. Beginning in the 2024-2025 school year, this subparagraph shall no longer
120 apply.
121 “(3) Beginning in the 2024-2025 school year, the Department of Human Services
122 may refer a minor student’s parent or guardian to the Child and Family Services Agency or the
123 Office of the Attorney General if the student incurs three or more additional unexcused absences
124 after the Department of Human Services has made contact with the student’s parent or guardian
125 (or exhausted all reasonable methods of doing so) and the Department of Human Services has
126 not observed meaningful efforts by the student, parent, or guardian to address the root causes of
127 absenteeism.
128 “(4) Beginning in the 2025-2026 school year, the Department of Human Services
129 shall refer a minor student 5 years of age through 13 years of age to the Child and Family
130 Services Agency pursuant to Section 2 of An Act to provide for the mandatory reporting by
131 physicians and institutions in the District of Columbia of certain physical abuse of children (Pub.
132 L. 89-775; D.C. Official Code § 4–1321.02 (b)(1)(B) no later than 2 business days after the
133 accrual of 20 unexcused full school day absences within a school year.
134 “(5) Beginning in the 2024-2025 school year, the Department of Human Services
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135 shall refer a minor student 14 years of age through 17 years of age to the Court Social Services
136 Division of the Superior Court of the District of Columbia and to the Office of the Attorney
137 General Juvenile Section no later than 2 business days after the accrual of 25 unexcused full
138 school day absences within a school year.
139 “(6) The Office of the State Superintendent for Education shall have discretion
140 with regard to the referral requirements set forth in subparagraphs (4) and (5) of this paragraph if
141 a minor student accrues the 20th unexcused absence, respectively, within the final 20 school days
142 of a school year.
143 “(7) Within five business days of receiving notification of a referral of a student
144 pursuant to paragraph (1)(B) of this subsection, the Department of Human Services shall provide
145 the Office of the State Superintendent for Education and the educational institution where the
146 student is enrolled with the name and contact information of the case worker assigned.”
147 “(c-1) Beginning in the 2024-2025 school year, a student who accrues 20 or more
148 unexcused absences in the prior school year shall receive a home visit from a student support
149 team or a case worker at the Department of Human Services at least three weeks prior to the start
150 of the next academic year. The home visit shall explore barriers to attendance the previous year
151 and possible interventions, ensure that the student is enrolled at a District school, and update the
152 student’s individualized education plan. To the extent possible, the home visit should include any
153 adult mentors, adult relatives, or service providers whose participation the student and the
154 student’s parent or guardian consents to.
155 “(d) By July 1 of each year, the State Superintendent of Education shall send written
156 n