District of Columbia Code Division VI. Education, Libraries, and Cultural Institutions. § 38-951.03. Due diligence regarding potential, current, and former staff.
Current as of January 01, 2020 | Updated by FindLaw Staff
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(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 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.
“Marine and transportation insurance” includes:
(1) Insurance against any and all kinds of loss of or damage to:
(a) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders' risks, and all personal property floater risks including bailees' customers risks;
(b) Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);
(c) Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same is in course of transportation or otherwise; and
(d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion, or any of them, are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion or any of them; other aids to navigation and transportation, including dry docks and marine railways, against all risks.
(2) Marine protection and indemnity insurance meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person.
Cite this article: FindLaw.com - District of Columbia Code Division VI. Education, Libraries, and Cultural Institutions. § 38-951.03. Due diligence regarding potential, current, and former staff. - last updated January 01, 2020 | https://codes.findlaw.com/dc/division-vi-education-libraries-and-cultural-institutions/dc-code-sect-38-951-03/
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