Attendance and School Safety Act of 2001
Bill 14-37

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Vincent B. Orange, Sr. introduced the following bill, which was referred to the Committee on Education, Libraries, and Recreation, with comments from the Committee on the Judiciary.

To require the Metropolitan Police Department to notify the Superintendent of the District of Columbia Public Schools when a student is arrested for a reportable offense committed on or off school property; 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 where the principal determines that the student poses a danger to self or others in the school population.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Attendance and School Safety Act of 2001".

Sec. 2. Definitions.

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

(b) "Reportable offense" means:

i. A crime of violence; or

ii. Any offense enumerated in Section (3)(b).

(c) "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.

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

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

Sec. 3. Notification of reportable offenses

(a) If a person enrolled in the District of Columbia Public Schools is arrested for a reportable offense, enumerated in subsection (3)(b) of this section, the law enforcement agency making the arrest shall notify the local 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 the District of Columbia Public Schools if a student is arrested for:

i. The unlawful purchase, possession or use of a weapon;

ii. Homicide;

iii. Felonious assault and bodily wounding;

iv. Criminal sexual assault;

v. The manufacture, sale, gift, distribution or possession of Schedule I or Schedule II controlled substances;

vi. Manufacture, sale, gift, distribution or possession of marijuana;

vii. Arson and related crimps; and

viii. Burglary and related offenses.

Sec. 4. Removal of student from school population.

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

(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 order of a juvenile court or other court, upon good cause shown, the information obtained by the Superintendent regarding the student, pursuant to section (3)(a):

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

ii. Shall not be made part of the student's permanent record; and

iii. Shall remain separately from all other records concerning the student.

(b) Pursuant to subsection (a)(i) of this section, the principal of the school in which the student is enrolled shall forward a copy of the report obtained from the Metropolitan Police Department to the student's parent(s) or guardian upon removal of the student from the school population, except where the student is emancipated.

Sec. 6. Fiscal impact statement. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).

Sec. 4.[Sic] Effective date. This act shall take effect following approval by the Mayor (or in the event of a veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), 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. Code §1-233(c)(1)), and publication in the District of Columbia Register.