§ 38-251. Authority of police over truant child.

Current through October 23, 2012

(a)(1) The Office of the State Superintendent of Education, after consultation with the District of Columbia Public Schools, the Public Charter School Board, the Child and Family Services agency, and the Metropolitan Police Department, shall establish truancy centers in the District of Columbia for the delivery of truant public school and public charter school students by the Metropolitan Police Department.

(2) A law enforcement officer shall take to the nearest truancy center any child who the law enforcement officer has reasonable grounds to believe, based on the child's age and other factors, is truant from a public or public charter school on a day and during the hours when the public or public charter school is in session.

(3) The law enforcement officer shall take into custody any child who the law enforcement officer has reasonable grounds to believe is a truant from any independent, private, or parochial school on a day and during the hours when the independent, private, or parochial school is in session.

(b) On the request of a person who has reached the age of 18 years, graduated from high school, or received a general equivalency diploma, and who has previously been taken into custody pursuant to subsection (a) of this section, the Metropolitan Police Department shall seal all records relating to custody authorized by subsection (a) of this section.

                
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(Feb. 4, 1925, ch. 140, Art. II, § 6, as added Aug. 25, 1994, D.C. Law 10- 159, § 3, 41 DCR 4884; Oct. 20, 1999, D.C. Law 13-38, § 1906, 46 DCR 6373; Aug. 16, 2008, D.C. Law 17-219, § 4014, 55 DCR 7598.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 31-402.1.

Effect of Amendments

D.C. Law 13-38 rewrote this section which formerly required a law enforcement officer to take a student or child into custody and deliver him to the appropriate school and also provided for sealing records pertaining thereto.

D.C. Law 17-219 rewrote subsecs. (a)(1) and (2), which had read as follows:

"(a)(1) The District of Columbia Public Schools shall establish a truancy center in each ward of the District of Columbia for the delivery of truant public school and public charter school students by the Metropolitan Police Department.

"(2) A law enforcement officer shall take to the truancy center, in the ward where the student is found, any child who the law enforcement officer has reasonable grounds to believe, based on the child's age and other factors, is truant from a public or public charter school on a day and during the hours when the public or public charter school is in session."

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 1906 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

Legislative History of Laws

Law 10-159, the "Police Truancy Enforcement Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-248, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on July 8, 1994, it was assigned Act No. 10-275 and transmitted to both Houses of Congress for its review. D.C. Law 10-159 became effective on August 25, 1994.

Law 13-38, the "Service Improvement and Fiscal Year 2000 Budget Support Act of 1999," was introduced in Council and assigned Bill No. 13-161, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 11, 1999, and June 22, 1999, respectively. Signed by the Mayor on July 8, 1999, it was assigned Act No. 13-111 and transmitted to both Houses of Congress for its review. D.C. Law 13-38 became effective on October 20, 1999.

Law 17-219, the "Fiscal Year 2009 Budget Support Act of 2008", was introduced in Council and assigned Bill No. 17-678, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 13, 2008, and June 3, 2008, respectively. Signed by the Mayor on June 26, 2008, it was assigned Act No. 17-419 and transmitted to both Houses of Congress for its review. D.C. Law 17-219 became effective on August 16, 2008.

Miscellaneous Notes

Short title: Section 4013 of D.C. Law 17-219 provided that subtitle G of title IV of the act may be cited as the "Truancy Centers Amendment Act of 2008".