Attendance and School Safety Emergency Act of 1999
Bill 13-619

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AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To require, on an emergency basis, the Metropolitan Police Department to notify the Superintendent of the District of Columbia Public Schools of a student's arrest for a reportable offense, to authorize the principal of the school in which the student is enrolled to remove the student from the school and provide an alternative education program for the student; and to amend section 16-2333 of the District of Columbia Code to authorize the Superintendent to receive information from confidential juvenile arrest records.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Attendance and School Safety Emergency Act of 2000".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Alternative Education Program" means an education program other than that in which the student was placed prior to disciplinary action.

(2) "Hearing" means a formal administrative conference with the school official responsible for making or approving the disciplinary action.

(3) "Reportable Offense" means a crime of violence, or any offense enumerated in section 3(b).

(4) "School Population" means all persons enrolled or legitimately on the premises of the school in which the student is enrolled, or any personnel of the school in which the student is enrolled.

(5) "Student" means a person enrolled in the District of Columbia Public Schools who has been arrested for a reportable offense.

Sec. 3. Notification of reportable offenses.

(a) If a person enrolled in a District of Columbia Public School is arrested for a reportable offense enumerated in subsection (b) of this section, the law enforcement agency of code 2001 Supp. making the arrest shall notify the Superintendent of District of Columbia Public Schools ("Superintendent") of the arrest and the charges against the student within 24 hours of the arrest or as soon as practicable.

(b) Pursuant to subsection (a) of this section, the Metropolitan Police Department shall notify the Superintendent of a student's arrest for:

(1) The unlawful purchase, possession or use of a weapon;

(2) Homicide;

(3) Felonious assault and bodily wounding;

(4) Criminal sexual assault;

(5) The manufacture, sale, gift, distribution or possession of Schedule I or Schedule II controlled substances;

(6) The manufacture, sale, gift, distribution or possession of marijuana;

(7) Arson and related crimes; and

(8) Burglary and related offenses.

Sec. 4. Removal of student from school population.

(a) Upon notification, as provided in section 3(b), the principal of the school in which the student is enrolled may remove the student from the school population. The principal shall provide an alternative education program and related services for any student removed from the school population, pending a formal heating.

(b) Notice of a formal hearing shall comply with 5 DCMR §2505.

Sec. 5. Dissemination and maintenance of records of reportable offenses.

(a) Except by court order, upon good cause shown, the arrest information received by the Superintendent regarding the student, pursuant to section 3 shall:

(1) Not be disclosed by subpoena or otherwise except to the principal of the school in which the student is enrolled and other school personnel as necessary to carry out the purposes set forth in subsection (b) of this section and is confidential;

(2) Not be made part of the student's permanent record; and

(3) Remain separate from all other records concerning the student.

(b) The principal of the school in which the student is enrolled shall forward a copy of the report received from the Metropolitan Police Department to the student's parents or guardian upon the student's removal from the school population, except in cases where the student is emancipated.

Sec. 6. Section 6-2333(b) of the District of Columbia Code is amended by adding a new paragraph (9) to read as follows:

"(9) the Superintendent of District of Columbia Public Schools, pursuant to section 3 of the Attendance and School Safety Emergency Act of 2000."