Bill Summary – FastDemocracy

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 Councilmember Robert C. White, Jr.                       Councilmember David Grosso

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                                                         ______________________________

 Councilmember Charles Allen                             Councilmember Brooke Pinto

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                                              A BILL

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                     IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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 To ensure smooth transitions, educational continuity, and credit accrual and transfers for

        Students in the Care of the District of Columbia.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the The Education and Credit Continuity Amendment Act of 2020.

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        TITLE I. SMOOTH TRANSITIONS FOR STUDENTS IN THE CARE OF D.C.

        Sec. 101. The Educational Services for Detained and Committed Youth Act of 2006

 (D.C. Law 16-192; D.C. Official Code  38-3301) is amended as follows:

        (a) A new section 4031a is added to read as follows:

        Sec. 4031a. Definitions.

        For the purpose of this act, the term:

                 (1) Students in the care of D.C. shall have the same meaning as in D.C. Code 

 2-1599.01(5).

                 (2) DYRS means the Department of Youth Rehabilitation Services established

 by D.C. Code  2-1515.02.

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                   (3) DOC means the Department of Corrections.

                   (4) CFSA means the D.C. Child and Family Services Agency established by

 D.C. Code  4-1303.01a.

                         (5) FCSSD means the Family Court Social Services Division of the

 Superior Court of the District of Columbia.

                         (6) OSSE means the Office of the State Superintendent of Education

 established by D.C. Code  38-2601.

                         (7) "Local education agency" or "LEA" means the District of Columbia

 Public Schools system or any individual or group of public charter schools operating under a

 single charter.

                         (8) Individualized education program or IEP means a written plan that

 specifies the special education programs and services to be provided to meet the unique

 educational needs of a child with a disability, as required under section 614(d) of the Individuals

 with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C.  1414(d)).

        (b) Section 4032 is amended to read as follows:

        Sec. 4032. Timely enrollment and placement in an educational program.

        (a) Students in the care of D.C. returning from an out-of-state placement or from a

 period of incarceration shall have a transition plan created by the students transition team at

 least 10 days before the students change in placement.

        (b) The students transition team shall include:

                         (1) A representative of the students current educational placement;

                         (2) A representative of the students current LEA;

                         (3) A representative of the students anticipated new LEA;

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                        (4) The students parent or guardian or other person with educational

 decision-making rights for the student;

                        (5) The students attorney and guardian ad litem, if applicable;

                        (6) The students social worker, if applicable; and

                        (7) The student, whenever appropriate.

        (c) The students transition plan shall:

                (1) Include a clear statement of the students appropriate educational placement;

                (2) List the names and contact information of the persons with responsibility and

 authority for prompt enrollment;

                (3) Include the students past and present academic transcripts and

 documentation of any other supportive activities or services, as applicable;

                (4) List names and contact information of the persons responsible for developing

 the students transition plan;

                (5) Include a copy of the students current IEP or 504 Plan, if applicable; and

                (6) At least 10 calendar days prior to the change in placement, be provided to:

                        (A) The student;

                        (B) The students parents or legal guardians; and

                        (C) All persons with responsibility and authority for the students

 transition and reenrollment.

        (d) A student returning from or transitioning between agency placements shall be

 enrolled in an appropriate educational placement within 2 days of release or transfer.

 (c) New sections 4033 through _____ are added to read as follows:

 Sec. 4033. School points-of-contact for students in the care of D.C.

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        (a) Each LEA shall designate at least one employee to serve as the point-of-contact for

 students in the care of D.C.

        (b) The name and contact information for the point-of-contact shall be published on the

 LEAs website or otherwise made publicly accessible.

        (c) For students transferring into an LEA, the point-of-contact shall be responsible for:

                (1) Ensuring that the student is immediately enrolled in the students new

        placement even in the absence of records from the students previous placement that are

        normally required for enrollment;

                (2) Ensuring that a students new educational placement is capable of providing

        the student with all special education, related services, and accommodations;

                (3) Communicating with the students last school attended to obtain relevant

        academic and other records, including any necessary course descriptions, within 2

        business days of the student's enrollment in the students new educational placement;

                (4) Ensuring that the receiving LEA performs a timely transcript evaluation and

        transfer of credits earned by the student at any previous school attended;

                (5) Ensuring that a copy of the transcript evaluation is given to the students

        parent or legal guardian within 5 days after the completion of the evaluation.

                (d) For students transferring out of the LEA, the point-of-contact shall be

 responsible for providing all student records to the new LEA within 2 business days of receiving

 a request from the students receiving school.

        Sec. 4034. Facilitating records transmission among agencies.

        (a) OSSE shall:

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        (1) Provide DYRS, FCSSD, DOC, and CFSA with access to any data relevant to a

 student in the care of D.C. contained in OSSEs Statewide Longitudinal Education Data

 System (SLED);

        (2) Provide DYRS, CSS, DOC, and CFSA access to the students attendance

 records; provided, that such release of information is in accordance with the requirements

 of the Family Educational Rights and Privacy Act, FERPA, 20 U.S.C.  1232g; 34 CFR

 Part 99;

        (3) Ensure that SLED provides FAMCare and other human services and

 corrections data systems with Unique Student Identifiers (USIs); and

        (4) Grant access to the following data elements contained within the SLED

 system for students in the care of D.C.:

                        (A) Student name (First, last, and middle initial);

                        (B) Date of birth;

                        (C) Race & Ethnicity;

                        (D) Unique Student Identifiers (USIs);

                        (E) Previous LEA;

                        (F) Previous school name;

                        (G) Previous home address (city, state, and zip code);

                        (H) Direct certification information (SNAP, TANF, or both);

                        (I) Assessment data;

                        (J) Enrollment data, both current and historical;

                        (K) Last grade completed;

                        (L) Advance Placement data;

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                                (M) College Board Test data (e.g. SAT, PSAT, ACT);

                                (N) ACCESS assessment results for students who are limited

 English proficient; and

                                (O) Special education assessment data, including but not limited to

 the students IEP, current and historical, as applicable.

                        (5) OSSE shall provide DYRS, FCSSD, and CFSA with access to the

 District of Columbia Special Education Data System (SEDS) in order to view the records of

 youth committed to the care and custody of DYRS or CFSA by a court of competent jurisdiction

 in accordance with District regulations and FERPA, where DCPS is the LEA.

                        (6) OSSE shall provide DYRS with access to SEDS for students placed at

 the New Beginnings Youth Development Center or students committed to DYRS who are in

 awaiting placement status.

         TITLE II. EDUCATIONAL CONTINUITY

         Sec. 201. Creation of a Uniform Transcript Evaluation Procedure

         (a) Beginning in school year 2021-2022, each LEA shall develop and publish a general

 course catalogue. The course catalogue shall include:

                (1) The name of every course approved to be offered to students at any high

 school within the LEA, regardless of whether the course is presently offered;

                (2) A brief description of each course named pursuant to paragraph (1) of this

 subsection;

                (3) A list of course requirements and pre-requisites; and

                (4) An indication of which promotion or graduation requirements each course

 may fulfill.

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        (b) Beginning in school year 2021-2022, each LEA shall adopt and implement a uniform

 procedure for evaluating the transcripts of students transferring into the LEA who have

 completed coursework elsewhere. The evaluation procedure shall:

                (1) Be transparent and publicly available;

                (2) Be based upon the LEAs published course catalogue;

                (3) Ensure that students transferring into an LEA receive credit for coursework

 completed outside the District of Columbia;

                (4) Establish guidelines by which a transcript evaluator shall determine equivalent

 credits within the LEAs course catalogue for coursework completed elsewhere;

                (5) Establish guidelines by which an evaluator may grant quarter- or semester-

        credits for coursework completed prior to a students transfer;

                (6) Ensure proper course and program enrollment for students transferring into the

        LEA.

        (c) The evaluating LEA shall provide a copy of the transcript evaluation to the placing

        agency, the student, and the students parent or legal guardian within 5 school days of

        enrollment into a Residential Treatment Center, Psychiatric Residential Treatment

        Facility , or any other out-of-state placement.

        (d) Each LEA shall develop and implement a process by which a student or their parent

 or legal guardian may appeal a transcript evaluation.

        Sec. 202. Awarding of partial credits.

        (a) For students in the care of D.C. unable to complete an academic course and receive

 full credit due to the students withdrawal or transfer from the LEA, an LEA shall grant partial

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 credit for coursework the student completed before the date of the students withdrawal or

 transfer.

         (b) An LEA shall grant credits in half- or quarter-increments, and credits shall be

 transferrable between LEAs within the District of Columbia.

         (c) Partial credits shall be stackable such that they accrue until complete credit for a

 course is achieved.

         (d) A receiving LEA shall:

                (1) Accept partial credits granted by the students previous LEA;

                (2) Apply any partial credits to the closest equivalent course at the receiving LEA

         and to any graduation requirements fulfilled by that equivalent course as if the student

         completed the course at the receiving LEA; and

                (3) Ensure that the student is able to accrue credits regardless of the date of

         enrollment in the receiving LEA.

         Sec. 203. Course waivers and flexible graduation options.

         (a) Students in the care of D.C. shall have guaranteed access to enrollment in classes that

 they require to meet graduation requirements.

         (b) If a student completes the graduation requirements of his or her LEA while in a secure

 placement, the LEA shall issue a diploma from the school that the student last attended.

         (c) DCPS must waive specific courses required for graduation if substantially similar

 coursework has been satisfactorily completed in another school district.

         (d) Should a waiver not be granted to a student who would qualify to graduate from the

 sending school district, the receiving LEA must:

                (1) Provide reasonable justification for denial in writing;

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                (2) Provide an alternative means of acquiring the required coursework such that

        the student may graduate on time; and

                (3) Notify the student and the students parent or legal guardian of the relevant

        appeal process as developed in accordance with Sec. 201(c) of this title.

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        Sec. 204. Educational continuity at awaiting placement facilities

        (a) OSSE shall hold meetings with DYRS as often as needed, but no less than twice a

 year, to discuss the delivery of education services and coordination of activities to students

 within a DYRS facility awaiting placement to an out-of-District facility.

        (b) DYRS shall:

                (1) Timely notify OSSE of any awaiting placement facilities it intends to contract

        with for the provision of services to committed youth;

                (2) Ensure that all committed youth in its care and custody receive educational

        services in accordance with this statute, as well as those required by the students IEP. If

        applicable;

                (3) Have access to and use SEDS to record all special education and related

        services delivered to students in awaiting placement facilities; and

                (4) Ensure awaiting placement facilities are provided with a copy of each

        students most recent IEP, report card, and transcript (and, if applicable, GED test scores)

        prior to or at the time of arrival.

        (c) OSSE shall establish a protocol by which DYRS is to assign grades, issue report

 cards, and host parent conferences.

        (d) DYRS shall be responsible for:

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                (1) Assigning credits based on the students performance in course work

        completed while in awaiting placement facilities; and

                (2) Ensuring that the students educational records are up to date and ready to be

        transmitted for all youth discharged from awaiting placement facilities.

        (e) LEAs shall accept the grades and credits, including partial credits, assigned by DYRS

 to students in awaiting placement facilities.

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        TITLE III. Applicability, Fiscal Impact, and Effective Date

        Sec. 301. Fiscal impact statement.

        The Council adopts the fiscal impact statement in the committee report as the fiscal

 impact statement required by section 4a of the General Legislative Procedures Act of 1975,

 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

        Sec. 302. Effective date.

        This act shall take effect following approval by the Mayor (or in the event of veto by the

 Mayor, action by the Council to override the veto), a 30-day period of congressional review as

 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

 24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

 Columbia Register.

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