Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                                 A BILL

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                                                 24-989

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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                                   _______________________

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 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; to amend 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.

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        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  38951.03), 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 applicants

 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                (2) Paragraph (5) is repealed.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:

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                (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) 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 section 404 of the District of Columbia Theft and White Collar Crimes Act of

 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code  22-2405)..

        (c) 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.

        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  41302.03(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

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 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

 that 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:

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                        (4) A statement, in all capital letters, that 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 persons name remains in the

 Child Protection Register..

        (c) Section 207 (D.C. Official Code  4-1302.07) is amended to read as follows:

        (a) The staff that 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 the report was entered in the Child Protection

 Register if the child was not removed pursuant to section 304 and no subsequent substantiated or

 inconclusive report involving the person identified as responsible for the abuse or neglect was

 entered in the Child Protection Register during the preceding 3-year period; or

                (2) Three years from the date the that the child, if removed pursuant to section

 304 and a court made a finding that the child was abused or neglected, was reunified with the

 person identified as responsible for the abuse or neglect, or 5 years from the date that the

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  substantiated report was entered in the Child Protection Register, whichever occurs first;

  provided, that no subsequent substantiated or inconclusive report involving the person identified

  as responsible for the abuse or neglect was entered in the Child Protection Register.

         (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 that 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 section 206.

        (e) Notwithstanding any other provision of this section or other District law,

 substantiated reports involving a child fatality, sexual abuse, sex trafficking, and 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;

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                (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 their designee shall have the right to overrule any expungement

 provided by this section on a case-by-case basis..

        Sec. 4. Applicability.

        Section 3(c) shall apply as of October 1, 2023.

        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)).

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        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.

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