ENROLLED ORIGINAL
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."