Subchapter XVI-A. Contracting Procedures for Public School Security.

§ 5–132.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Chancellor” means the Chancellor of the District of Columbia Public Schools.

(1A) “DCPS” means the District of Columbia Public Schools.

(1B) "MOA" means the Memorandum of Agreement into which DCPS and MPD enter pursuant to § 5-132.04.

(2) “MPD” means the Metropolitan Police Department.

(2A) “Public charter schools” shall have the same meaning as provided in § 38-1800.02(29).

(3) "School resource officer" means a sworn MPD officer assigned to DCPS or public charter schools for the purpose of working in collaboration with DCPS, public charter schools, and community-based organizations to ensure that DCPS schools, public charter schools, and their grounds are safe environments for students, teachers, and staff through the use of culturally competent, developmentally-appropriate, and community-oriented policing strategies and practices.

(4) Repealed.

(5) "School security personnel" means individuals, including unarmed security guards, that DCPS hires or contracts to support safety in DCPS schools.

(5A) "Security-related contract" means any contract to provide physical or personal security services, including school security personnel, at DCPS schools.

(6) Repealed.

(Apr. 13, 2005, D.C. Law 15-350, § 101, 52 DCR 2005; Mar. 21, 2009, D.C. Law 17-320, § 2(a), 56 DCR 219; Oct. 2, 2010, D.C. Law 18-232, § 201(a), 57 DCR 4504; Dec. 3, 2020, D.C. Law 23-149, § 4102(a), 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 3082(a), 68 DCR 010163.)

Effect of Amendments

D.C. Law 17-320 redesignated former par. (1) as par. (1A); and added par. (1).

D.C. Law 18-232 added par. (2A); in the lead-in language of par. (3), inserted “or public charter schools” and “, public charter schools,”; and, in par. (3)(C), substituted “DCPS schools and grounds and public charter schools and their grounds” for “DCPS schools and grounds”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3082(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) addition, see § 2 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 2 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 2 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 2 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.02. Establishment of the Metropolitan Police Department School Safety Division; functions of the School Safety Division.

(a) There is established within the Metropolitan Police Department a School Safety Division that shall provide school resource officers to the DCPS schools and public charter schools.

(b) The School Safety Division shall be headed by a Director, appointed by, and reporting to, the Chief of Police with rank equal to a Commander or above.

(1) Hire and train school resource officers;

(2) Deploy school resource officers to:

(A) DCPS schools, consistent with the terms of the MOA; and

(B) Public charter schools;

(3) Coordinate with DCPS and public charter schools regarding the use and sharing of resources and communications between MPD and school-specific safety teams; and

(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor regarding the impact of school closings, consolidations, grade reconfigurations, use of swing space during school reconstruction, and gang and crew violence on the safety and well-being of children.

(c-1) School resource officers shall not report any information regarding a student's suspected crew or gang affiliation, or that of their family members, to a law enforcement agency for the purpose of including such information in any District government crew or gang database, nor shall any such information shared by or derived from a school resource officer be otherwise included in any District government crew or gang database.

(d) The Metropolitan Police Department shall publish on its website by the beginning of each school year a description of the School Safety Division's planned deployment of school resource officers.

(e) Repealed.

(Apr. 13, 2005, D.C. Law 15-350, § 102, 52 DCR 2005; Mar. 21, 2009, D.C. Law 17-320, § 2(b), 56 DCR 219; Oct. 2, 2010, D.C. Law 18-232, § 201(b), 57 DCR 4504; Dec. 3, 2020, D.C. Law 23-149, § 4102(b), 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 3082(b), 68 DCR 010163; Mar. 10, 2023, D.C. Law 24-285, § 3, 70 DCR 998; Sept. 6, 2023, D.C. Law 25-50, § 3012, 70 DCR 10366.)

Section References

This section is referenced in § 5-132.06.

Effect of Amendments

D.C. Law 17-320, in subsec. (b), substituted “a Commander or above” for “an Assistant Chief”; in subsec. (c)(4), deleted “and” from the end; in subsec. (c)(5), substituted “Chancellor; and” for “Superintendent.”; and added subsecs. (c)(6) and (d).

D.C. Law 18-232 rewrote subsec. (c)(2); in subsec. (d)(1), rewrote the first sentence which had read: “The School Safety Division shall develop a plan to be implemented before the beginning of each DCPS school year for protecting children walking to and from school and for protecting children from gang and crew violence on, in, and around DCPS property.”; and, in subsec. (d)(2)(B), substituted “DCPS and public charter schools property” for “DCPS property”. Prior to amendment, subsec. (c)(2) read as follows: “(2) Deploy school security personnel to DCPS;”

Applicability

Applicability of D.C. Law 24-285: § 4 of D.C. Law 24-285 provided that the amendment of this section by § 3 of D.C. Law 24-285 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) amendment of this section, see § 3082(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) addition, see § 3 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 3 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 3 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 3 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.03. Training for school resource officers.

The School Safety Division shall develop a training curriculum for all school resource officers. The curriculum shall be focused on training supervisory and on-site personnel so that they will provide appropriate security procedures for the various socioeconomic conditions at each educational facility. The curriculum shall include training in the following areas:

(1) Child development;

(2) Effective communication skills;

(3) Behavior management;

(4) Conflict resolution;

(5) Substance abuse and its effect on youth;

(6) Availability of social services for youth;

(7) District of Columbia laws and regulations;

(8) Constitutional standards for searches and seizures conducted by school resource officers on school grounds; and

(9) Gang and crew violence prevention.

(Apr. 13, 2005, D.C. Law 15-350, § 103, 52 DCR 2005; Mar. 21, 2009, D.C. Law 17-320, § 2(c), 56 DCR 219; Dec. 3, 2020, D.C. Law 23-149, § 4102(c), 67 DCR 10493.)

Section References

This section is referenced in § 5-132.06.

Effect of Amendments

D.C. Law 17-320, in par. (7), deleted “and” from the end; in par. (8), substituted “ground; and” for “ground.”; and added par. (9).

Emergency Legislation

For temporary (90 day) addition, see § 4 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 4 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 4 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 4 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.03a. DCPS responsibilities for school security.

(a) By October 1, 2020, DCPS shall be responsible for school security personnel within DCPS schools, and shall:

(1) Oversee the hiring or contracting of school security personnel for DCPS;

(2) Deploy school security personnel to DCPS schools;

(3) Provide oversight over school security personnel and be responsible for administering all disciplinary actions related to school security personnel, including termination;

(4) Execute, approve, administer, monitor, and provide oversight over any security-related contract for school security personnel; and

(5) Create and implement school building security and emergency operations plans, in consultation with MPD and the Homeland Security and Emergency Management Agency.

§ 5–132.03b. Training for school security personnel.

(a) For the school year beginning in 2020, DCPS may use the training curriculum adopted by MPD pursuant to § 5-132.03 to train its school security personnel.

(b) By the start of the school year beginning in 2021, DCPS shall adopt a school security personnel training curriculum based on the positive youth development philosophy. The curriculum shall focus on training supervisory and on-site personnel to provide security services responsive and appropriate to the student, staff, and family populations at each school building. At a minimum, the curriculum shall include training in the following areas, developed with advice from appropriate other District agencies:

(1) Child and adolescent development;

(2) Effective communication skills;

(3) Behavior management;

(4) Conflict resolution, including restorative justice practices;

(5) De-escalation techniques;

(6) Behavioral health issues for youth and families;

(7) Child sexual abuse and gender-based violence prevention, identification, and response;

(8) Availability of social services for youth;

(9) District of Columbia laws and regulations;

(10) Constitutional standards for searches and seizures conducted by school security personnel on school grounds; and

(11) Violence prevention, including gang and crew dynamics.

§ 5–132.04. Coordination of school security efforts between DCPS and MPD.

By October 1, 2020, DCPS and MPD shall enter into a MOA for the purpose of coordinating the agencies' respective security obligations at DCPS schools. The MOA shall:

(1) Reflect DCPS's role as the administrator of any security-related contract;

(2) Include provisions for effectuating the transfer of any personnel, property, funds, or records necessary to transfer responsibility for any existing security-related contract from MPD to DCPS;

(3) Delineate lines of authority, supervision, and communication between MPD and DCPS, including how school resource officers deployed at each school will provide security in coordination with the school's principal and school security personnel; provided, that during emergencies, incident command shall be consistent with the District of Columbia response plan, as defined by § 7-2301(1A);

(4) Include a process for resolving disagreements between DCPS and MPD at all levels; and

(5) Provide for MPD advice and consultation on DCPS school building security and emergency operations plans.

(Apr. 13, 2005, D.C. Law 15-350, § 104, 52 DCR 2005; Dec. 3, 2020, D.C. Law 23-149, § 4102(e), 67 DCR 10493.)

Section References

This section is referenced in § 5-132.06.

Emergency Legislation

For temporary (90 day) addition, see § 5 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 5 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 5 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 5 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.05. Authority to issue RFPs for school security-related contracts.

(a)(1) By October 1, 2020, DCPS shall be responsible for administering and funding any security-related contract effective during the 2020-2021 school year.

(2) MPD shall transfer to DCPS all personnel, property, funds, or records necessary for DCPS to administer and fund any security-related contract effective during the 2020-2021 school year.

(b) Responsibility for the issuance of a Request for Proposals ("RFP") for any security-related contract for DCPS for a contract term to begin June 30, 2021, or later shall transfer from the MPD to DCPS as of August 5, 2020. DCPS shall be responsible for awarding, executing, administering, and funding a contract resulting from an RFP issued under this subsection.

(Apr. 13, 2005, D.C. Law 15-350, § 105, 52 DCR 2005; Dec. 3, 2020, D.C. Law 23-149, § 4102(f), 67 DCR 10493.)

Emergency Legislation

For temporary (90 day) addition, see § 6 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 6 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 2(a) of School Security Authority Extension Emergency Amendment Act of 2004 (D.C. Act 15-728, January 13, 2005, 52 DCR 1954).

For temporary (90 day) addition, see § 6 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 6 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

§ 5–132.06. Applicability of §§ 5-132.02 and 5-132.03.

Sections 5-132.02 and 5-132.03 shall apply as of the first day of October 1, 2005, or upon the submission by the Mayor to the Council of a supplemental budget to effect the transfer of funds from DCPS to the MPD, whichever occurs first, and Council approval pursuant to § 5-132.04(c).

(Apr. 13, 2005, D.C. Law 15-350, § 106, 52 DCR 2005.)

Emergency Legislation

For temporary (90 day) addition, see § 7 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) addition, see § 7 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) addition, see § 7 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

Temporary Legislation

For temporary (225 day) addition, see § 7 of School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).