D.C. Law 22-294. School Safety Omnibus Amendment Act of 2018.
AN ACT
To require schools offering instruction at any level or grade from pre-kindergarten through 12th grade to adopt and implement a policy to prevent and address child sexual abuse by staff; to require District of Columbia Public Schools and public charter schools to investigate the employment history of potential employees; to prohibit schools offering instruction at any level or grade from pre-kindergarten through 12th grade and any child development center from assisting an individual in gaining other employment at a school or child development facility if the school or child development facility or its employees have knowledge of or probable cause to believe that the individual in question has committed an act of sexual abuse or sexual misconduct against students or other minors; to require schools offering instruction at any level or grade from pre-kindergarten through 12th grade adopt and implement a policy to prevent and address student-on-student sexual harassment and assault and dating violence; to amend the Procurement Practices Reform Act of 2010 to grant the Office of the State Superintendent of Education the ability to contract with experts in sexual abuse prevention; to amend the Prevention of Child Abuse and Neglect Act of 1977 to provide the Office of the State Superintendent of Education with access to the Child Protection Registry for the purpose of conducting background checks on the employees of licensed child development facilities; and to amend the Healthy Schools Act of 2010 to require local education agencies to provide instruction in consent, setting and respecting boundaries, and developing and maintain healthy relationships.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "School Safety Omnibus Amendment Act of 2018".
TITLE I. SCHOOLS' OBLIGATIONS TO PREVENT AND ADDRESS STUDENT SEXUAL ABUSE
Sec. 101. Definitions.
For the purposes of
(1) "Child abuse" means the:
(A) Infliction of physical or mental injury upon a child;
(B) Sexual abuse, as that term is defined in
(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
Sec. 102. 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
(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
Sec. 103. 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
(3) Conducts a review of the employment history of the applicant by contacting any former employers 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) Reviews available child abuse and neglect registries of any state or jurisdiction where the person is known to have lived or worked to determine if the applicant has been the subject of a substantiated or inconclusive report of child abuse; and
(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, when contacted by another local education agency or school that is considering hiring the applicant, information pursuant to subsection (a)(3) of this section.
TITLE II. PROHIBITION AGAINST ASSISTING CERTAIN EMPLOYMENT OF PERPETRATORS OF CHILD SEXUAL OFFENSES
Sec. 201. Definitions.
For the purposes of
(1) "Assist" does not include the routine transmission of administrative and personnel files; provided, that the requirements of reporting conduct are followed in accordance with
(2) "Child development facility" shall have the same meaning as provided in
(3) "Covered employee" means an employee of the District government or an employee, contractor, or agent of a school or child development facility.
(4) "Minor" means an individual who has not yet attained 18 years of age.
(5) "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.
(6) "Sexual abuse" shall have the same meaning as provided in
(7) "Sexual misconduct" means verbal, nonverbal, written or electronic communication, or any other act directed toward or with a minor or student that is designed to establish a sexual relationship with a minor or student, including:
(A) A sexual invitation;
(B) Dating or soliciting a date;
(C) Engaging in sexual dialogue;
(D) Making sexually suggestive comments;
(E) Describing sexual encounters; or
(F) Physical exposure of a sexual or erotic nature.
Sec. 202. Prohibition against assisting certain employment of perpetrator of child sexual abuse offenses.
(a) A covered employee is prohibited from assisting an employee, contractor, or agent of a school or a child development facility in obtaining a new job involving direct interaction with minors if the covered employee knows, or has probable cause to believe, that such employee, contractor, or agent engaged in sexual misconduct or sexual abuse regarding a child or student in violation of District or federal law.
(b) The prohibition in subsection (a) of this section shall not apply if the information giving rise to probable cause:
(1) Has been properly reported to:
(A) A law enforcement agency with jurisdiction over the alleged sexual misconduct or sexual abuse; and
(B) Any other appropriate authorities as required by federal or District law, including any authorities identified under Title IX of the Education Amendments of 1972, approved June 23, 1972 (86 Stat. 373; 20 U.S.C. 1681 et seq.), and 34 C.F.R. Part 106; and
(2)(A) The matter has been officially closed or the United States Attorney's Office for the District of Columbia or the Metropolitan Police Department has investigated the allegations and notified school or child development facility officials that there is insufficient information to establish probable cause that the employee, contractor, or agent engaged in sexual misconduct or sexual abuse regarding a minor or student in violation of District or federal law;
(B) The employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct or abuse; or
(C) The case or investigation remains open and there have been no charges filed against, or indictment of, the employee, contractor, or agent within 4 years of the date on which the information was reported to the United States Attorney's Office for the District of Columbia or the Metropolitan Police Department.
TITLE III. SCHOOLS' OBLIGATION TO PREVENT STUDENT-ON-STUDENT SEXUAL HARASSMENT, SEXUAL ASSAULT, AND DATING VIOLENCE
Sec. 301. Definitions.
For the purposes of
(1) "Dating partner" means any person who is involved in a relationship with another person that is primarily characterized by social interaction of a sexual, romantic, or intimate nature, whether casual, serious, or long-term.
(2) "Dating violence" means abusive or coercive behavior where a dating partner uses threats of, or actually uses, physical, emotional, economic, technological, or sexual abuse to exert power or control over a current or former dating partner.
(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 12.
(4) "Sexual assault" means any of the following offenses: §§ 22-3002 (first degree sexual abuse);
(5) "Sexual harassment" means any unwelcome or uninvited sexual advances, requests for sexual favors, sexually motivated physical conduct, stalking, or other verbal or physical conduct of a sexual nature that can be reasonably predicted to:
(A) Place the victim in reasonable fear of physical harm to his or her person;
(B) Cause a substantial detrimental effect to the victim's physical or mental health;
(C) Substantially interfere with the victim's academic performance or attendance at school; or
(D) Substantially interfere with the victim's ability to participate in, or benefit from, the services, activities, or privileges provided by a school.
Sec. 302. Policy to prevent and address student-on-student acts of sexual harassment, sexual assault, and dating violence.
(a) Beginning in the 2019-2020 school year, schools shall adopt and implement a policy to prevent and address student-on-student acts of sexual harassment, sexual assault, and dating violence. The policy shall include:
(1) A statement prohibiting student-on-student acts of sexual harassment, sexual assault, and dating violence, including an acknowledgment that schools that know or reasonably should know of student-on-student acts of sexual harassment, sexual assault, and dating violence shall take immediate and appropriate action to investigate whether such acts occurred;
(2) Protocols for the school's response to allegations of student-on-student acts of sexual harassment, sexual assault, and dating violence, including procedures to:
(A) Interrupt or stop each specific act of student-on-student sexual harassment, sexual assault, or dating violence, prevent its recurrence, and address its effects, whether or not the incident is the subject of a criminal investigation;
(B) Refer complainants to services and advocacy organizations;
(C) Provide information to complainants regarding the investigatory process;
(D) Institute and resolve disciplinary action; and
(E) Protect the confidentiality of complainants in accordance with the Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, dated January 19, 2001, as issued by the Department of Education;
(3) The school's plan to effectuate its obligations, and inform students of their rights, under Title IX of the Education Amendments of 1972, approved June 23, 1972 (86 Stat. 373; 20 U.S.C. §§ 1681 et seq.) ("Title IX"), the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act of 2004, approved October 30, 2004 (118 Stat. 2260; 18 U.S.C. § 3771),
(A) Protect the safety of complainants as necessary during the investigation of student-on-student acts of sexual harassment, sexual assault, or dating violence; and
(B) Develop and implement a prompt, fair, and impartial procedure for students to file complaints regarding student-on-student acts of sexual harassment, sexual assault, or dating violence, that:
(i) Is conducted by school officials or agents who, at a minimum, receive annual training on:
(I) Issues related to student-on-student acts of sexual harassment, sexual assault, or dating violence; and
(II) How to conduct an investigation that protects the safety of complainants and promotes accountability;
(ii) Provides the complainant and the accused with the same opportunities to have others present during any school disciplinary proceeding, including the opportunity to be accompanied to any proceeding by an advisor or advocate of their choice; provided, that the school may establish restrictions regarding the extent to which an advisor or advocate may participate in the proceeding, as long as the restrictions apply equally to both parties;
(iii) Establishes a standard for resolving complaints; and
(iv) Requires contemporaneous notification, in writing, to both the complainant and the accused, of:
(I) The result of any school disciplinary proceeding that arises from an allegation of a student-on-student act of sexual harassment, sexual assault, or dating violence;
(II) The school's procedures for the complainant and the accused to appeal the result of the institutional disciplinary proceeding, if such procedures are available;
(III) Any change to the result; and
(IV) When such results become final;
(4) Protocol to identify appropriate counseling and intervention strategies for students alleged to have committed student-on-student acts of sexual harassment, sexual assault, or dating violence, including guidelines for reporting such incidents to the Child and Family Services Agency if the student's behavior indicates that he or she may be the victim of child sexual abuse or child abuse;
(5) Guidance concerning the applicability of the policy to student-on-student acts of sexual harassment, sexual assault, and dating violence that occur at school, school events and activities, over social media, and during travel to and from school, school events, and activities; and
(6) A list of appropriate resources, services, and information for students and families affected by student-on-student acts of sexual harassment, sexual assault, or dating violence, including school-based supports.
(b) 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, utilizing evidence-based standards and developed in consultation with community-based sexual violence or abuse experts, on:
(A) Identifying, responding to, and reporting student-on-student acts of sexual harassment, sexual assault, or dating violence, including any mandatory reporting requirements under District or federal law which may be triggered by such incidents;
(B) Communicating universal prevention techniques to students that increase their ability to set and communicate about appropriate boundaries, respect boundaries set by others, and build safe and positive relationships; and
(C) Receiving reports and disclosures from students regarding student-on-student acts of sexual harassment, sexual assault, or dating violence in a supportive, appropriate, and trauma-informed manner; and
(2) Information for parents on recognizing the warning signs of student-on-student acts of sexual harassment, sexual assault, and dating violence, as well as effective, age-appropriate methods for discussing such topics with students.
(c) 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's website.
(d) The Office of the State Superintendent for Education, in consultation with schools, direct service providers, mental health professionals, governmental and community-based sexual harassment, sexual assault, and dating violence experts, community partners, parents, and students, shall:
(1) Develop, maintain, and make available to schools a model policy on preventing and addressing student-on-student acts of sexual harassment, sexual assault, and dating violence 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 community organizations, that may be utilized by schools to inform their development of the policy required pursuant to subsection (a) of this subsection; and
(3) Make training and other resources required by this section available.
TITLE IV. PROCUREMENT PRACTICES REFORM; PREVENTION OF CHILD ABUSE AND NEGLECT AT CHILD DEVELOPMENT CENTERS; HEALTHY SCHOOLS CURRICULUM
Sec. 401. Section 413(17) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.13(17)), is amended by striking the phrase "student achievement pursuant to the District of Columbia Public Schools Master Education Plan" and inserting the phrase "student achievement, health, and safety" in its place.
Sec. 402. The lead-in language of section 203(a-1)(1) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1302.03(a-1)(1)), is amended as to read as follows:
"(1) Except as provided in paragraph (3) of this subsection, the staff which maintains the Child Protection Register shall grant access to substantiated reports to the Office of the State Superintendent of Education for the purpose of conducting background checks of employees of licensed child development facilities pursuant to section 658H of the Child Care and Development Block Grant Act of 1990, approved November 19, 2014 (128 Stat. 1971; 42 USC § 9858f), and to the chief executive officers or directors of child development facilities, schools, or any public or private organizations working directly with children, for the purpose of making employment decisions regarding employees and volunteers or prospective employees and volunteers, if:".
Sec. 403. Section 402 of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-824.02), is amended by adding a new subsection (b-2) to read as follows:
"(b-2)(1)(A) Beginning in the 2019-2020 school year, as part of the health curriculum for students in Kindergarten through Grade 12, public schools and public charter schools shall provide age- and developmentally-appropriate, evidence-based culturally responsive instruction on:
"(i) Recognizing and reporting sexual misconduct and child abuse;
"(ii) Setting and respecting appropriate personal and body boundaries and privacy rules;
"(iii) Communicating with adults about concerns regarding body boundaries or privacy violations;
"(iv) The meaning of consent;
"(v) Developing and maintaining healthy relationships; and
"(vi) Other appropriate topics to support the healthy development of students.
"(B) The Office of the State Superintendent for Education shall update the District's health education standards to reflect the requirements of subparagraph (A) of this subsection and shall make available a list of curricula or a curriculum guide that public schools or public charter schools may use to fulfill the requirements of subparagraph (A) of this subsection.
"(2) For the purposes of this subsection, the term:
"(A) "Consent" means words or overt actions indicating a freely given agreement to a physical act or contact within the course of an interpersonal relationship. Consent to a physical act or contact may be initially given but withdrawn at any time. Lack of verbal or physical resistance or submission by the victim due to his or her mental or physical incapacitation or impairment, or the use of force, threats, or coercion shall not constitute consent. Past words or actions indicating freely given agreement to a past physical act or contact shall not constitute consent to a future physical act or contact.
"(B) "Health education standards" means the specific learning requirements related to health that the Office of the State Superintendent of Education requires students to learn at each academic level, from Kindergarten through Grade 12.".
TITLE V. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE
Sec. 501. Applicability.
(a) Sections 102(c), 102(d), 103, 302(b), 302(d), and the amendatory subsection (b-2) within section 403 shall apply upon the date of inclusion of their fiscal effects in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effects in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(l) 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 this act.
Sec. 502. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 503. 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.
