D.C. Law 24-317. Educator Background Check Streamlining Amendment Act of 2022.
AN ACT
To amend the School Safety Omnibus Amendment Act of 2018 to revise the process by which local education agencies screen applicants, to require that local education agencies review the National Sex Offender Registry in reviewing applicants for employment to education positions; and to amend Title II of the Prevention of Child Abuse and Neglect Act of 1977 to remove a notarization requirement, and to remove the review of the Child Protection Register as a required step in the educator background check process.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Educator Background Check Streamlining Amendment Act of 2022".
Sec. 2. Section 103 of the School Safety Omnibus Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-294; D.C. Official Code § 38-951.03), is amended as follows:
(a) Subsection (a) is amended as follows:
(1) Paragraph (3) is amended by striking the phrase "any former employers" and inserting the phrase "each former employer in the preceding 7 years or each of the applicant's previous 3 employers, whichever period of time is longer," in its place.
(2) Paragraph (5) is repealed.
(3) A new paragraph (5A) is added to read as follows:
"(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.".
(b) Subsection (b) is amended by striking the phrase "and shall provide, when contacted by another local education agency or school that is considering hiring the applicant, information pursuant to subsection (a)(3) of this section" and inserting the phrase "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" in its place.
(c) A new subsection (c) is added to read as follows:
"(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
Sec. 3. Title II of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1302.02 et seq.), is amended as follows:
(a) Section 203(a-1) (D.C. Official Code § 4-1302.03(a-1)) is amended as follows:
(1) Paragraph (1) is amended as follows:
(A) The lead-in language is amended by striking the phrase "decisions regarding employees and volunteers or prospective employees and volunteers" and inserting the phrase "decisions regarding employees, contractors, and volunteers or prospective employees, contractors, and volunteers" in its place.
(B) Subparagraph (B) is amended to read as follows:
"(B) The request is accompanied by:
"(i) A consent for release of information from the Child Protection Register signed by the employee, contractor, or volunteer or prospective employee, contractor, or volunteer; and
"(ii) Government issued photo identification that allows the staff who maintain the Child Protection Register to verify the identity of the employee, contractor, or volunteer or prospective employee, contractor, or volunteer.".
(2) Paragraph (2) is amended by striking the phrase "employee or volunteer, or prospective employee or volunteer" and inserting the phrase "employee, contractor, or volunteer, or prospective employee, contractor, or volunteer" in its place.
(b) Section 205(b) (D.C. Official Code § 4-1302.05(b)) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (3) is amended by striking the period and inserting the phrase "; and" in its place.
(3) New paragraphs (4) and (5) are added to read as follows:
"(4) A statement, in all capital letters, that states: "THIS IS A VERY SERIOUS MATTER"; and
"(5) A statement that the person may be prevented from working in an organization serving children or in a public or private school if the person's name remains in the Child Protection Register.".
(c) Section 207 (D.C. Official Code § 4-1302.07) is amended to read as follows:
"Sec. 207. Expungement.
"(a) The staff who maintain the Child Protection Register shall expunge an inconclusive report from the Child Protection Register one year after the date the report was entered in the Child Protection Register if no subsequent substantiated or inconclusive reports involving the person identified as responsible or possibly responsible for the abuse or neglect was entered in the Child Protection Register during the preceding one-year period.
"(b) The staff that maintain the Child Protection Register shall expunge a substantiated report from the Child Protection Register:
"(1) Three years after the date that the report was entered in the Child Protection Register if the child was not removed pursuant to
"(2) Three years from the date that the child, if removed pursuant to
"(c) If, during the time a prior substantiated or inconclusive report is on the Child Protection Register, a subsequent substantiated or inconclusive report is entered in the Child Protection Register that identifies the same individual as responsible or possibly responsible for the abuse or neglect, the prior report shall not be expunged until the subsequent report is expunged from the Child Protection Register.
"(d) The staff who maintain the Child Protection Register shall expunge from the Child Protection Register:
"(1) Any unfounded report immediately upon such classification by the Agency; and
"(2) Any material successfully challenged as incorrect pursuant to the rules adopted under
"(e) Notwithstanding any other provision of this section or other District law, substantiated reports involving a child fatality, sexual abuse, sex trafficking, or serious physical injury shall not be expunged from the Child Protection Register.
"(f) For purposes of this section, a serious physical injury includes:
"(1) Broken bones or fractures;
"(2) Medical abuse;
"(3) Adult-sized human bites;
"(4) Cases involving children who have been tortured, tied, or confined;
"(5) Suspicious burns or head injuries, or significant injuries with an implausible explanation;
"(6) A physical injury that:
"(A) Creates a substantial risk of death;
"(B) Causes serious and protracted impairment of health or protracted loss or impairment of the function of a bodily organ;
"(C) Involves hospitalization; or
"(D) Requires surgical procedures.".
"(g) The Mayor or the Mayor's designee shall have the right to overrule any expungement provided by this section on a case-by-case basis.".
Sec. 4. Applicability.
(a) Sections 3(c) shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of the provisions identified in subsection (a) of this section.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
