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Section 138.4 requires that aides and volunteers who work directly with children on an on-going basis are subject to the background check requirements. Two stakeholders commented that the requirement for volunteers to complete background checks as burdensome and potentially prohibitive. Specifically, one commenter noted that a volunteer who is in the classroom for two hours a week under constant supervision of the teacher would be subjected to higher level of scrutiny that a chaperone who would be on the field trip with children, potentially unsupervised. Another commenter questioned whether a parent chaperone would meet the requirement for “on- going basis.” Volunteers who provide infrequent and irregular service that is supervised or parent volunteers who are supervised do not meet the standard of “on-going basis.” Parent chaperones should not care for children other than their own unsupervised. Volunteers who come into a child care facility to help with a classroom party, read to students, or assist with recess are not caring for or supervising children for a child care provider. Rather, volunteers in the situations described above are providing additional assistance under supervision of the primary staff member.

While, the CCBDG Act and its implementing regulations have not specifically mandated background checks of volunteers, the CCDBG Act provided states with flexibility in developing screening processes for volunteers. ACF has clearly emphasized, however, that volunteers who have not completed a background check may not be left unsupervised. ACF further encourages states to require that volunteers who have not had background checks be easily identified by children and parents, for example through visible name tags or clothing. The District already set forth background check requirements for volunteers pursuant to CYSHA, which requires that volunteers, who work without any monetary or any other financial compensation in an unsupervised position for a child development facility, must submit to criminal background checks. Therefore to align with the current practice and definitions in the District for volunteers, OSSE has deleted “on an on-going basis” in §138.4 and replaced it with “meet the standard in Section § 133.1.” OSSE also deleted on an on-going basis” in §138.8 and replaced it with “are not provided unsupervised access to children who are cared for or supervised at a Facility.” In addition, OSSE deleted “on an on-going basis” in § 131.5(b) and inserted the following in its place “whose activities involve the care or supervision of children at a Facility or unsupervised access to children who are cared for or supervised at a Facility”. OSSE also inserted ““whose activities involve the care or supervision of children at a Facility or unsupervised access to children who are cared for or supervised at a Facility” in § 131.4. These non-substantive amendments maintain the intent of the proposed rulemaking and clarify questions raised about the volunteers who support the facilities in the District.

Finally, CYSHA further provides that volunteers may use the same criminal background check for a period of 2 years. Therefore, to align with CYSHA and current practice in the District, OSSE is adding “A volunteer may use the same criminal background check for a period of 2 years” to § 138.4. This new language is necessary to clarify that volunteers must continue to comply with the more stringent requirement in D.C. Code § 4-1501.5(e).

Professional Development Section 139 sets forth the professional development requirements for paid staff members. Commenters raised concerns about the number of trainings required, in the time periods provided, and the potential additional cost and disruption to obtain and attend the trainings. The