§ 38–951.02. Policy and education to prevent and address student sexual abuse.

(a) Beginning in the 2019-2020 school year, schools shall adopt and implement a policy to prevent and address student sexual abuse by staff. The policy shall include:

(1) Protocol for the school's response to an allegation of student sexual abuse committed by staff, including procedures governing compliance with the reporting requirements described in §§ 4-1321.02 and 22-3020.52;

(2) Protocol for contacting the Child and Family Services Agency ("CFSA") and informing school leadership of allegations of student sexual abuse committed by staff;

(3) Protocol for informing the school community about an investigation or allegation of student sexual abuse committed by staff that maintains the integrity of the investigation and protects the confidentiality of those involved;

(4) Avenues for parents and guardians to report allegations of student sexual abuse to the appropriate authorities, including CFSA and school leadership;

(5) Mechanisms implementing the provisions of section 7926 of the Every Student Succeeds Act of 2015, approved December 10, 2015 (129 Stat. 2120; 20 U.S.C. § 7926), including penalties for staff that violate the requirements of such statute;

(6) Guidance concerning limitations on communication between staff and students outside of school, including correspondence by electronic, telephonic, or other means; and

(7) A list of appropriate resources, services, and information for students and families affected by student sexual abuse, including school-based supports and evidence-based treatment options.

(b) Schools shall provide the policy described in subsection (a) of this section to staff, parents, and, in a developmentally appropriate manner, students, and shall make the policy publicly available, including on the school website.

(1) Training for staff, at the time of hiring and at a minimum every 2 years thereafter, on sexual misconduct, student sexual abuse, and child abuse, including instruction on the following:

(A) Recognizing and reporting sexual misconduct, student sexual abuse, and child abuse;

(B) Receiving disclosures of sexual misconduct, student sexual abuse, and child abuse in a supportive, appropriate, and trauma-informed manner;

(D) Communicating with students and parents regarding reporting and preventing sexual misconduct, student sexual abuse, and child abuse; and

(E) Other appropriate topics.

(2) Training and information, on an annual basis, for parents regarding child abuse, sexual misconduct and student sexual abuse, including instruction on the following:

(A) Recognizing and reporting sexual misconduct, student sexual abuse, and child abuse;

(B) Receiving disclosures of sexual misconduct, student sexual abuse, and child abuse in a supportive, appropriate, and trauma-informed manner;

(D) Effective, developmentally-appropriate methods for discussing sexual misconduct, student sexual abuse, and child abuse; and

(E) School and community resources available to assist with the prevention of, and response to, sexual misconduct, student sexual abuse, and child abuse.

(d) The Office of the State Superintendent of Education, in consultation with schools, direct service providers, mental health professionals, community partners, mental health professionals, governmental and community-based sexual abuse experts, parents, and students, shall:

(1) Develop, maintain, and make available to schools a model policy on preventing and addressing student sexual abuse that may be utilized to satisfy the requirements of subsection (a) of this section;

(2) Develop, maintain, and make available to schools a list of training resources, including materials obtained from community organizations, that may be utilized by schools to inform their development of the policy required pursuant to subsection (a) of this subsection;

(3) Make training and other resources required by this section available; and

(4) Collaborate with CFSA and the Metropolitan Police Department ("MPD") to:

(A) Improve communications between CFSA, MPD, and schools, including, to the greatest extent possible, the ability of CFSA and MPD to provide updated information regarding the status and outcome of investigations prompted by school reports of student sexual abuse;

(B) Improve the responsiveness of CFSA and MPD to school reports of student sexual abuse;

(D) Identify the most efficient methods for schools to conduct criminal background checks and consult child abuse and neglect registries in accordance with § 38-951.03.

(Apr. 11, 2019, D.C. Law 22-294, § 102, 66 DCR 1707.)

Applicability

Applicability of D.C. Law 22-294: § 7170 of D.C. Law 23-16 repealed § 501 of D.C. Law 22-294 removing the applicability restriction impacting this section. Therefore the creation of subsections (c) and (d) of this section by D.C. Law 22-294 has been given effect.

Section 7170 of the Fiscal Year 2020 Budget Support Emergency Amendment Act of 2019 repealed § 501 of D.C. Law 22-294 removing the applicability restriction impacting this section. Therefore the creation of subsections (c) and (d) of this section by D.C. Law 22-294 has been given effect.

Applicability of D.C. Law 22-294: § 501 of D.C. Law 22-294 provided that the creation of of subsections (c) and (d) this section by § 102 of D.C. Law 22-294 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-294, see § 7170 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-294, see § 7170 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).