Chapter 9A. Schools' Obligations to Prevent and Address Student Sexual Abuse.
§ 38–951.01. Definitions.
For the purposes of this chapter, the term:
(1) "Child abuse" means the:
(A) Infliction of physical or mental injury upon a child;
(B) Sexual abuse, as that term is defined in § 22-3020.51(4), or exploitation of a child; or
(C) Negligent treatment or maltreatment of a child.
(2) "Local education agency" or "LEA" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.
(3) "School" means a public, public charter, independent, private, or parochial school organized or authorized to operate under the laws of the District that offers instruction at any level or grade from pre-kindergarten through 12th grade.
(4) "Sexual misconduct" means any verbal, nonverbal, written or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with a student, including:
(A) A sexual invitation;
(B) Dating or soliciting a date;
(C) Engaging in sexual dialogue;
(D) Making sexually suggestive comments;
(E) Describing prior sexual encounters; or
(F) Physical exposure of a sexual or erotic nature.
(5) "Staff" means an employee or volunteer of a school, or an employee of an entity with whom the school contracts, who acts as an agent of the school at the school or activities sponsored by a school.
(6) "Student sexual abuse" means sexual abuse, as that term is defined in § 22-3020.51(4), committed against a student of a school.
§ 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.
(c) Beginning in the 2020-2021 school year, schools shall provide:
(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;
(C) Prevention, warning signs, and effects of sexual misconduct, student sexual abuse, and child abuse;
(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;
(C) Prevention, warning signs, and effects of sexual misconduct, student sexual abuse, and child abuse;
(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;
(C) Leverage the expertise and resources of CFSA to support the training and policy requirements of this section; and
(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.
§ 38–951.03. Due diligence regarding potential, current, and former staff.
(a) A local education agency, except those that exclusively serve students over 18 years of age, or a contracted service provider of the local education agency, shall not employ or contract for the paid services of any individual for a position that involves direct interaction with students ("applicant"), unless the local education agency or contracted service provider:
(1) Requires the applicant to provide:
(A) The name, address, telephone number, and other relevant contact information for the applicant's current employer, and previous employers for the preceding 20 years for whom the applicant's scope of employment involved direct interaction with children, as well as the contact information for at least one character reference;
(B) A written authorization that consents to and authorizes disclosure of the information requested under this paragraph the release of related records by the applicant's employers as provided pursuant to paragraph (3) of this subsection, and the release of such employers from any liability that may arise from the disclosure or release of records; and
(C) A written affirmation as to whether or not the applicant:
(i) Has ever been the subject of any child abuse or sexual misconduct investigation by any employer, state licensing agency, law enforcement agency, or the Child and Family Services Agency or another state's equivalent, unless the investigation resulted in a finding that the allegations were false, or the alleged incident of child abuse or sexual misconduct was not substantiated;
(ii) Has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(iii) Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.
(2) Conducts a criminal background check of the applicant in accordance with the requirements of Chapter 15 of Title 4 and its implementing regulations;
(3) Conducts a review of the employment history of the applicant by contacting each former employer in the preceding 7 years or each of the applicant's previous 3 employers, whichever period of time is longer, identified pursuant to subparagraph (1)(A) of this subsection to determine whether the applicant:
(A) Has been the subject of any child abuse or sexual misconduct investigation by any such employer, state licensing agency, law enforcement agency, or the Child and Family Services Agency or another state's equivalent, unless the investigation resulted in a finding that the allegations were false, or the alleged incident of child abuse or sexual misconduct was determined unsubstantiated;
(B) Has ever been disciplined, discharged, nonrenewed, asked to resign from employment, or has resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(C) Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.
(4) Contacts and communicates with the character reference provided by the applicant pursuant to subparagraph (1)(A) of this subsection;
(5) Repealed.
(5A) Reviews the United States Department of Justice Dru Sjodin National Sex Offender Public Website, also known as the National Sex Offender Public Registry, to determine if the person has been convicted of sex offenses or offenses against children.
(6) Reviews the National Association of State Directors of Teacher Education and Certification Clearinghouse to determine whether the person has previously had an educational credential revoked in another jurisdiction for sexual misconduct, abuse of a student, or the failure to report child abuse.
(b) Each local education agency or contracted service provider shall maintain a record of any allegation against staff of sexual misconduct, child abuse, or the failure to report child abuse, as well as the outcome of any subsequent investigation, and shall provide such information to another local education agency or school that is considering hiring the individual when contacted by the local education agency or school.
(c) An applicant who intentionally provides false information on an application submitted to a local education agency under subsection (a)(1) of this section shall be subject to prosecution under § 22-2405.
