{"data":{"id":"us-dc/d.c.-code-38-236.04","jurisdiction":"us-dc","citation":"D.C. Code § 38-236.04","heading":"Limitations on exclusion as a disciplinary action.","body":"(a)\nUnless otherwise required by federal or District law:\n(1)\nBeginning in school year 2019-2020, for students in grades kindergarten through 5, and school year 2020-2021 for students in grades 6 through 8, no student may be subject to an out-of-school suspension or disciplinary unenrollment, unless a school administrator determines, consistent with school policy, that the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person, including behavior that happens off school grounds;\n(2)\nBeginning in school year 2020-2021, no student in grades 9 through 12, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for:\n(A)\nViolating local education agency or school dress code or uniform rules;\n(B)\nWillful defiance; or\n(C)\nBehavior that happens off school grounds and not as part of a school-sponsored activity, unless the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person.\n\n(b)\nNo student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension for longer than:\n(1)\nFive consecutive school days for any individual incident in grades kindergarten through 5;\n(2)\nTen consecutive school days for any individual incident in grades 6 through 12; or\n(3)\nTwenty cumulative school days during an academic year regardless of grade, unless:\n(A)\nThe head of a local education agency provides a written justification to the student and parent describing why exceeding the 20-day limit is a more appropriate disciplinary action than alternative responses; or\n(B)\nThe student's conduct necessitated an emergency removal, and the head of the local education agency provides a written justification for the emergency removal to the student and parent.\n\n(c)\nNo student, except a student over 18 years of age at a school where more than 1/2 of the students are over 18 years of age, may be subject to an out-of-school suspension or disciplinary unenrollment for an unexcused absence or a late arrival to school; provided, that a student may be unenrolled from a local education agency if the student has accumulated 20 or more consecutive full-school-day unexcused absences.\n\n(d)\nNo student subject to a suspension may be denied the right to continue to access and complete appropriate academic work or to earn credit toward promotion or graduation during a suspension.\n\n(e)\nThe return of a student to school upon conclusion of an out-of-school suspension shall not be made contingent on a parent accompanying the student, attending a conference, or otherwise being present at the school.\n\n(f)\nNotwithstanding whether a school or local education agency states the reasoning for the removal from school or prohibition from returning to school, no student may be removed from school or prohibited from returning to school for disciplinary reasons, unless the student is subject to an out-of-school suspension or disciplinary unenrollment.\n\n(g)\nFor purposes of due process, a suspension of 6 school days or more shall be considered a long-term suspension.\n\n(h)\nRepealed.","path":["Title 38. Educational Institutions.","Chapter 2. Compulsory School Attendance and Expulsion.","Subchapter II. Expulsion of Students.","Part C. Student Discipline."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/38-236.04","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"b931a5232b9856ae526905b55ea34c124700dcfd8397e0ff45037074fdf4e7c6","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-38-236.03","next":"us-dc/d.c.-code-38-236.05"},"notice":"GroundRules: Original legal text. Not legal advice."}