MURIEL BOWSER
MAYOR
April 11, 2024
The Honorable Phil Mendelson Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
I am hereby transmitting to the Council of the District of Columbia for its consideration and adoption
the enclosed bill entitled “Utilizing Partnerships and Local Interventions for Truancy and Safety
(UPLIFT) Amendment Act of 2024”. The legislation’s three-fold purpose is to: (1) address truancy and
chronic absenteeism, by streamlining and strengthening our truancy referral process and activating the
Department of Human Services to support students and families prior to referrals to the Child and
Family Services Agency or the courts, (2) enhance school discipline, and (3) establish stronger
accountability.
For the reasons described above, I urge the Council to take prompt and favorable action on the enclosed
proposed bill.
Sincerely,
Muriel Bowser
Mayor
Enclosure
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'chairman Phil Mendelson
3 at the request of the Mayor
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5 A BILL
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10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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15 To amend Section 16-2325.01 of the District of Columbia Official Code to require youth charged
16 with a dangerous crime while armed or having readily available certain dangerous
17 weapons or with a crime of violence and the parents or guardians of the charged youth to
18 participate in a family group conference with the Department of Youth Rehabilitation
19 Services ("DYRS"), to authorize DYRS to create family rehabilitation plans, to require
20 families to participate in certain services pursuant to a family rehabilitation plan, and to
21 require the Court to incorporate a family rehabilitation plan created pursuant to a family
22 group conference into probation orders; to amend Section 16-2305.02 of the District of
23 Columbia Official Code to deem youth ineligible for the adjustment process where the
24 youth has been charged with committing a dangerous crime while armed or having
25 available a knife, pistol, firearm, or imitation firearm; to amend Section 16-2314 of the
26 District of Columbia Official Code to prohibit use of consent decrees where the child is
27 charged with committing a dangerous crime or carrying a pistol without a license; to
28 amend Section 16-2320 to make any child found delinquent as a result of a crime of
29 violence or a dangerous crime while armed ineligible for deferred disposition; to amend
30 the Attendance Accountability Amendment Act of 2013 to clarify disciplinary definitions
31 and policies, including for serious safety infractions for which students in grades 6
32 through 8 can be suspended, and to allow for temporary assignment of between 11 and 45
33 days in an Alternative Educational Setting for students in grades 6 through 12; to amend
34 Article II of An Act To provide for compulsory school attendance, for the taking of a
35 school census in the District of Columbia, and for other purposes to update requirements
36 and processes for referring students with high rates of unexcused absences to District
37 agencies, to include DHS in that referral process before the involvement of the Child and
38 Family Services Agency ("CFSA") and the Office of the Attorney General ("OAG") for
39 children ages 5 through 13 and the OAG for youth ages 14 through 17, to require the
40 OAG to take action after a minor has accrued 25 unexcused absences, to include a
41 referral for mandatory participation by the family in a family group conference with
42 DHS, mandatory participation by the family in Alternatives to the Court Experience, or
43 prosecution for violation of legal school attendance requirements; to amend Section
44 2(b )(1 )(B) of An Act To provide for the mandatory reporting by physicians and
45 institutions in the District of Columbia of certain physical abuse of children to require
46 that mandated reporters make a report to CFSA where knowing or having reasonable
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47 cause to believe that a child 5 through 13 years of age has 20 or more days of unexcused
48 absences; to amend Section 2(d) of the Expulsion of Students Who Bring Weapons Into
49 Public Schools Act of 1996 to clarify the definition of “weapon” and to authorize the
50 promulgation of regulations to expand the definition of “weapon”; to amend subsection
51 (a) of the Prevention of Child Abuse and Neglect Act of 1977 to require that the Office of
52 the Attorney General, Juvenile Section, promulgate an annual report on the number of
53 written notifications provided to families pursuant to D.C. Official Code § 38-208(c);
54 and, to amend Chapter 23 of Title 16 of the District of Columbia Official Code to permit
55 the disclosure of law enforcement records and files concerning a child by the Office of
56 the State Superintendent of Education (“OSSE”) and to permit OSSE to inspect such
57 files.
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59 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
60 act may be cited as the “Utilizing Partnerships and, Local Interventions for Truancy and Safety
61 (UPLIFT) Amendment Act of 2024”.
62 TITLE I. PARENTAL PARTICIPATION ORDERS
63 Sec. 101. Section 16-2325.01 of the District of Columbia Official Code is amended by
64 adding a new subsection (h) to read as follows:
65 “(h)(1) In any proceedings under this chapter, for youth who are charged with a
66 dangerous crime while armed with or having readily available a knife, pistol, firearm, or
67 imitation firearm, or a crime of violence, and who are not securely held at a facility under the
68 control of the Department of Youth Rehabilitation Services, the court shall enter an order
69 requiring the charged youth and the parents or guardians of the charged youth to participate in:
70 “(A) A family group conference with the Department of Youth
71 Rehabilitation Services (“DYRS”) for the development of a family rehabilitation plan if such a
72 plan is determined to be needed as a result of the family group conference; and
73 “(B) Any services to be provided to the charged youth and the charged
74 youth’s family pursuant to a needs assessment completed by DYRS during or as a result of the
75 family group conference.
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76 “(2) Where a family rehabilitation plan is created pursuant to subparagraph (A) of
77 this paragraph, in any proceedings under this chapter, the family rehabilitation plan shall be
78 incorporated into any further probation orders for the charged youth and the Court shall require
79 that the parents or guardians of the charged youth comply with the terms of the family
80 rehabilitation plan.
81 “(3) For the purposes of this subsection:
82 “(A) The term “dangerous crime” shall have the same meaning as
83 provided in D.C. Official Code § 23-1331(3).
84 “(B) The term “crime of violence” shall have the same meaning as
85 provided in D.C. Official Code § 23-1331(4).”.
86 TITLE II. LIMITATION ON DIVERSION FOR DANGEROUS CRIMES
87 Sec. 201. Section 16-2305.02 of the District of Columbia Official Code is amended by
88 adding a new subsection (e) to read as follows:
89 “(e)(1) For the purposes of this section, youth are ineligible for the adjustment process in
90 relation to the present case where, in the present case, the youth has been charged with
91 committing a dangerous crime while armed with or having readily available a knife, pistol,
92 firearm, or imitation firearm.
93 “(2) For the purposes of this subsection, the term “dangerous crime” shall have
94 the same meaning as provided in D.C. Official Code § 23-1331(3).”.
95 TITLE III. RESTRICTED USE OF CONSENT DECREES, DEFERRED
96 ADJUDICATION AGREEMENTS, AND DEFERRED DISPOSITION AGREEMENTS
97 Sec. 301. Section 16-2314 of the District of Columbia Official Code is amended as
98 follows:
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 99 (a) The section header is amended by striking the word “decree” and inserting the phrase
100 “decree and delinquency petitions” in its place.
101 (b) A new subsection (e) to read as follows:
102 “(e)(1) For the purposes of this section, a child is ineligible for the relief provided
103 pursuant to subsection (a) of this section in relation to the present case where, in the present case,
104 the child has been charged with committing a dangerous crime or a crime of violence while
105 armed with or having readily available a knife, pistol, firearm, or imitation firearm.
106 “(2) For the purposes of this subsection:
107 “(A) The term “dangerous crime” shall have the same meaning as
108 provided in D.C. Official Code § 23-1331(3).
109 “(B) The term “crime of violence” shall have the same meaning as
110 provided in D.C. Official Code § 23-1331(4).”.
111 Sec. 302. Section 16-2320 of the District of Columbia Official Code is amended by
112 adding a new subsection (i) to read as follows:
113 “(i)(1) No child who is found to be delinquent as a result of a crime of violence or
114 dangerous crime while armed with or having readily available a knife, pistol, firearm, or
115 imitation firearm shall be eligible for deferred disposition but shall instead be subject to
116 disposition by the Division in accordance with subsection (c).
117 “(2) For the purposes of this subsection:
118 “(A) The term “dangerous crime” shall have the same meaning as
119 provided in D.C. Official Code § 23-1331(3).
120 “(B) The term “crime of violence” shall have the same meaning as
121 provided in D.C. Official Code § 23-1331(4).”.
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122 TITLE IV. STUDENT CONDUCT INTERVENTIONS AND ALTERNATIVE
123 EDUCATIONAL SETTINGS
124 Sec. 401. The Attendance Accountability Amendment Act of 2013, effective September
125 19, 2013 (D.C. Law 20-17; D.C. Official Code § 38-236.01 et seq.), is amended as follows:
126 (a) Section 201 (D.C. Official Code § 38-236.01) is amended as follows:
127 (1) Paragraph (1) is redesignated as paragraph (1A).
128 (2) A new paragraph (1) is added to read as follows:
129 “(1) “Alternative Educational Setting” means an educational program other than
130 that in which the student was enrolled prior to disciplinary action.”.
131 (3) Paragraph (5) is amended to read as follows:
132 “(5) Emotional distress” means significant mental suffering or distress that may,
133 but does not necessarily, require medical or other professional treatment or counseling;
134 (4) Paragraph (13)(A) is amended to read as follows:
135 “(A) The term “out of school suspension” includes:
136 “(i) An involuntary dismissal; or
137 “(ii) Placement in an Alternative Educational Setting.”.
138 (5) Paragraph (18) is redesignated as paragraph (18A)
139 (6) A new paragraph (18) is added to read as follows:
140 “(18) “Serious incident” means:
141 “(A) Behavior that causes or is an attempt to cause serious bodily harm to
142 another;
143 “(B) Behavior by a student that a school administrator reasonably believes
144 constitutes a criminal act; or
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145 “(C) Bringing a weapon, as that term is defined at D.C. Official Code §
146 38–234, into a District of Columbia Public School or public charter school.”.
147 (b) Section 204 (D.C. Official Code § 38-236.04) is amended as follows:
148 (1) Subsection (a) is amended as follows:
149 (A) Paragraph (1) is amended by striking the phrase “through 5, and
150 school year 2020-2021 for students in grades 6 through 8, no” and inserting the phrase “through
151 5, no” in its place.
152 (B) Paragraph (2) is redesignated as paragraph (3).
153 (C) A new paragraph (2) is added to read as follows:
154 “(2) Beginning in school year 2024-2025, for students in grades 6 through 8:
155 “(A) No student may be subject to an out-of-school suspension or
156 disciplinary unenrollment for:
157 “(i) Violating local education agency or school dress code or
158 uniform rules; or
159 “(ii) Willful defiance.
160 “(B) Students may be subject to an out-of-school suspension or
161 disciplinary unenrollment where a school administrator determines, consistent with school
162 policy, that:
163 “(i) The student has willfully caused, attempted to cause, or
164 threatened to cause bodily injury or emotional distress to another person, or engaged in sexual
165 harassment of another;
166 “(ii) The student engaged in a behavior that would constitute a
167 serious incident; or
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168 “(iii) The student engaged in behavior that violates 5 DCMR §
169 B2502.4 or 5 DCMR § B2502.5.
170 “(C) Paragraph (3) of this subsection shall apply to student conduct that
171 occurs both on or off of school grounds, provided that, for conduct that occurs off of school
172 grounds, the conduct has or is reasonably expected to have a material effect on school operations
173 or activities.”.
174 (2) Subsection (b) is amended as follows:
175 (A) Paragraph (2) is amended to read as follows:
176 “(2)(A) In grades 6 through 12:
177 “(i) Ten consecutive school days during a school year for any
178 individual incident; or
179 “(ii) Where an individual serious incident results in a student’s
180 temporary assignment in an Alternative Educational Setting, 45 consecutive school days in a
181 school year; provided that, these assignments shall be for no fewer than 11 consecutive school
182 days;
183 “(B) For the purposes of this paragraph, for students with disabilities as
184 defined in section 3(1)(A) and (B) of the Americans with Disabilities Act, approved July 26,
185 1990 (104 Stat. 329; 42 U.S.C. § 12102(1)(A)-(B)), the number of days for any individual
186 serious incident that results in an Alternative Educational Setting temporary assignment shall be
187 consistent with the provisions of the Individuals with Disabilities Education Act, approved April
188 13, 1970 (84 Stat. 175; 20 U.S.C. §§ 1400 et seq.).”.
189 (B) Paragraph (3) is amended to read as follows:
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190 “(3) Twenty cumulative school days during an academic year regardless of grade,
191 unless:
192 “(A) The head of a local education agency or his designee provides a
193 written justification to the student and parent describing why exceeding the 20-day limit is a
194 more appropriate disciplinary action than alternative responses;
195 “(B) The student's conduct necessitated an emergency removal, and the
196 head of the local education agency or his designee provides a written justification for the
197 emergency removal to the student and parent; or
198 “(C) The student is temporarily assigned to an Alternative Educational
199 Setting.”.
200 (3) Subsection (g) is amended to read as follows:
201 “(g) An out-of-school suspension of 6 consecutive school days or more shall require a
202 due process hearing.”.
203 TITLE V. THRESHOLDS FOR ATTENDANCE REFERRALS
204 Sec. 501. Article II of An Act To provide for compulsory school attendance, for the
205 taking of a school census in the District of Columbia, and for other purposes, approved February
206 4, 1925 (43 Stat. 806; D.C. Official Code § 38-201, et seq.), is amended as follows:
207 (a) Section 2(c)(2) (D.C. Official Code § 38-203(c)(2)) is amended by striking the
208 number “5” and inserting the number “10” in its place.
209 (b) Section 7 (D.C. Official Code § 38-208) is amended as follows:
210 (1) Subsection (b) is amended to read as follows:
211 “(b) Within 2 school days of the student’s tenth unexcused absence, the educational
212 institution shall provide the parent with the Office of the State Superintendent of Education’s
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213 truancy prevention resource guide created pursuant to D.C. Official Code § 38-2602(b)(19);
214 provided, that the parent has not received the truancy prevention resource guide before the tenth
215 unexcused absence.”.
216 (2) Subsection (c) is amended as follows:
217 (A) Paragraph (1) is amended as follows:
218 (i) Subparagraph (A) is amended to read as follows:
219 “(A)(i) Through the 2024-2025 school year, the educational institution
220 shall refer a minor student 5 years of age through 13 years of age to the Child and Family
221 Services Agency (“CFSA”) pursuant to D.C. Official Code § 4-1321.02(b)(1)(B) no later than 2
222 school days after the accrual of 10 unexcused full school day absences within a school year.
223 “(ii) Beginning in the 2025-2026 school year, the educational
224 institution shall refer a minor student 5 years of age through 13 years of age to the:
225 “(I) Department of Human Services (“DHS”) no later than
226 2 school days after the accrual of 10 unexcused full school day absences within a school year;
227 “(II) CFSA, pursuant to D.C. Official Code § 4-
228 1321.02(b)(1)(B), no later than 2 school days after the accrual of 20 unexcused full school day
229 absences within a school year.
230 (III) Office of the Attorney General, Juvenile Section no
231 later than 2 school days after the accrual of 25 unexcused full school day absences within a
232 school year.”.
233 (ii) Subparagraph (B) is amended to read as follows:
234 “(B) Beginning in the 2024-2025 school year, the educational institution
235 shall refer a minor student 14 years of age through