Chapter 2. Employment of Minors.
Subchapter I. General.
§ 32–201. Employment of minors under 14 years of age; distribution of newspapers permitted.
Except as provided in §§ 32-206 and 32-207, no minor under 14 years of age shall be employed, permitted, or suffered to work in the District of Columbia, in, about, or in connection with any gainful occupation, with the exemption of housework performed outside of school hours in the home of the minor’s parent or legal guardian or agricultural work performed outside of school hours in connection with the minor’s own home and directly for the minor’s parent or legal guardian; provided, that minors 10 years of age and over may be employed outside of school hours in the distribution or sale of newspapers, subject to the provisions of §§ 32-215 to 32-221.
§ 32–202. Employment of minors under 18 years of age; hours of employment; notice to be posted in place of employment; list of minors employed.
Except as provided in § 32-206, no minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation, except in agricultural work, or housework, or in the distribution or sale of newspapers, as prescribed in § 32-201, and except in newspaper stuffing, subject to the provisions of § 32-215, more than 6 consecutive days in any 1 week, or more than 48 hours in any 1 week, or more than 8 hours in any 1 day, nor shall any minor 16 or 17 years of age be employed, permitted, or suffered to work before 6:00 a.m. or after 10:00 p.m. of any day; nor shall any minor under 16 years of age be employed, permitted, or suffered to work before 7:00 a.m. or after 7:00 p.m. of any day, except during the summer (June 1 through Labor Day) when the evening hour shall be 9:00. Every employer shall post and keep conspicuously posted in the establishment, in or about which any minor is employed, permitted, or suffered to work, a printed notice, furnished by the official authorized to enforce this subchapter, setting forth the legal regulations governing the employment and hours of work of minors and occupations prohibited to minors in such establishments, and, in addition, shall keep accessible in the place of employment a list of minors under 18 employed, permitted, or suffered to work, and an accurate time record showing the hours of beginning and ending work each day. The presence of any such minor in the place of work for a longer time in the day or week than stated in the printed regulation hours shall be prima facie evidence of a violation of the provisions of this section.
§ 32–203. Employment dangerous or prejudicial to life prohibited; Board of Education to prohibit such employment by general or special order.
No minor shall be employed, permitted, or suffered to work in any place of employment, or at any employment, dangerous or prejudicial to the life, health, safety, or welfare of such minor. It shall be the duty of the Board of Education of the District of Columbia and the said board shall have the power, jurisdiction and authority, after hearing duly held, to issue general or special orders prohibiting the employment of such minors in any employment or at any place of employment dangerous or prejudicial to the life, health, safety, or welfare of such minors; provided, that no such order shall permit the employment of any minor at any employment specified in §§ 32-204 through 32-206 at a lower age than the age therein specified; provided further, that no hearing shall be necessary for the issuance of an order prohibiting employment in any occupation found by the Secretary of Labor under the authority of the Fair Labor Standards Act to be particularly hazardous for minors under 18 years of age or detrimental to their health and well-being.
§ 32–204. Employment of minors under 16 years of age in certain occupations prohibited; exception.
(a) No minor under 16 years of age shall be employed, permitted, or suffered to work at any of the following occupations:
(1) In the operation of any machinery operated by power other than hand or foot power; or
(2) In oiling, wiping, or cleaning machinery or assisting therein.
(b) This section does not apply to any duly approved vocational education program or training under the auspices of the Board of Education or the Trustees of the University.
§ 32–205. Employment of minors under 18 years of age in certain occupations prohibited.
No minor under 18 years of age shall be employed, permitted, or suffered to work at operating any freight or nonautomatic elevator, or in any quarry, tunnel, or excavation.
§ 32–206. Theatrical permits for minors under 18 years of age for performances and professional sports activities.
(a) The Board of Education may issue a theatrical employment permit to a minor under 18 years of age permitting the minor to:
(1) Perform on the stage of a licensed theatre within the District of Columbia in a professional theatrical production;
(2) Perform in a musical or dance recital or concert;
(3) Participate in a radio or television program;
(4) Participate in a motion picture;
(5) Appear as a fashion model; or
(6) Participate in a professional sports activity or circus.
(b) An application for a theatrical permit shall be made by the parent or guardian, and by the agent if applicable, of the minor to the Board of Education. The Board of Education may issue a theatrical employment permit if the Board is satisfied that adequate provisions have been made for the educational instruction of the minor, for safeguarding the minor’s health, and for the proper supervision of the minor. The Board of Education may require the employer to provide the necessary resources to satisfy the requirements of this subsection.
(c) A minor shall not appear in more than 2 live performances in 1 day or more than 8 live performances in 1 week. A minor shall not appear in a live performance, or otherwise be required to work, before 7:00 a.m. or after 11:30 p.m. A licensed practical nurse with substantial pediatric experience, or a registered nurse who is a pediatric nurse practitioner, shall be provided for each 3 or fewer infants under the age of 30 months.
(d) A theatrical employment permit shall limit the time during which a minor 7 years of age or younger is permitted at the place of employment within a 24-hour period according to age as follows:
(1) An infant under the age of 6 months may be permitted to remain at the place of employment for a maximum of 2 hours, which shall consist of not more than 20 minutes of work.
(2) A minor between the ages of 6 months and 30 months may be permitted at the place of employment for a maximum of 4 hours, which shall consist of not more than 2 hours of work, with the balance of the 4-hour period being rest or recreation.
(3) A minor between the ages of 30 months and 7 years may be permitted at the place of employment for a maximum of 6 hours, which shall consist of not more than 3 hours of work, with the balance of the 6-hour period being rest, recreation, or education.
(e) For the purposes of this section, the term “theatrical employment permit” means an authorization to perform or appear in any of the activities listed in subsection (a) of this section for monetary remuneration, a gift, or other form of valuable consideration.
§ 32–207. Work or vacation permit — Procurement by employer.
No minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation, except in agricultural work or housework as specified in § 32-201, unless the employer procures and keeps on file and accessible to any attendance officer, inspector or other person authorized to enforce this subchapter a work or vacation permit issued as hereinafter prescribed, except that minors under 18 years of age may be employed without a permit outside of school hours in irregular or casual work usual to the home of the employer; provided, that such employment shall not be in connection with nor form a part of the business, trade, profession, or occupation of the employer; and provided further, that such employment shall not be specifically prohibited by any provision of this subchapter or by any order issued under the authority of § 32-203.
§ 32–208. Work or vacation permit — Issue by Board of Education; contents; records of applicants.
The work or vacation permit required by this subchapter shall be issued by the Board of Education and shall state the name, sex, date, and place of birth, and place of residence of the minor, the grade last completed by said minor, and the kind of evidence of age accepted, and such other details as may be necessary for the identification of the minor. It shall certify that all the requirements for issuing a work or vacation permit under the provisions of this subchapter have been fulfilled and shall be signed by the person issuing it. It shall state the name and address of the employer for whom and the nature of the specific occupation in which the work permit authorizes the minor to be employed, and no permit shall be valid except for the employer so named and for the occupation so designated. It shall bear a number, shall show the date of its issue, and shall be signed by the minor for whom it is issued in the presence of the person issuing it, and shall be mailed or delivered to the employer. The Board shall maintain an office record for each applicant containing the minor’s name, sex, date and place of birth; evidence of age, residence, name and address of the employer; and nature of the specific occupation in which the minor is employed; the grade and school last attended by the minor; the employer’s statement of intention to employ; and the parent’s, guardian’s, or custodian’s written consent if such written consent is required.
§ 32–209. Work or vacation permit — Application requirements.
The Board of Education shall issue a work or vacation permit only upon application in person of the minor desiring employment, and upon submission to and approval by the Board of the following:
(1) A statement signed by the prospective employer or the employer’s authorized agent, stating that the employer expects to give such minor present employment, setting forth the specific nature of the occupation in which such minor will be employed, and the number of hours per day and of days per week which said minor will be employed;
(2) Evidence of age as provided in § 32-210;
(3) Written consent of the parent, guardian, or custodian, if the minor is under 16 years of age, specifying permission for employment of such minor; provided, that if such minor is withdrawing from school for purposes of employment, the parent, guardian or custodian must appear in person before the issuing officer and sign the consent form;
(4) A school record, if the minor is under 16 years of age and is withdrawing from school for purposes of employment, signed by the principal of the public, private or parochial school last attended by the minor, or by a person duly authorized by said principal. The school record shall certify that the minor has completed the 8th grade or the equivalent thereof in a public school, or has regularly received, in a private or parochial school, instruction deemed equivalent by the Board of Education to that prescribed for the completion of the 8th grade in the public school of the District of Columbia. The school record shall contain also the full name, date of birth, grade last completed, and residence of the minor as shown on the records of the school; and
(5) A certificate, if the person is less than 16 years of age, of physical fitness for the employment specified in the statement submitted in accordance with paragraph (1) of this section. Such certificate shall be signed by a licensed physician.
§ 32–210. Evidence of age.
The evidence of age required by this subchapter shall consist of 1 of the following proofs of age, which shall be required in the order herein designated:
(1) A birth certificate or attested transcript issued by a registrar of vital statistics or other officer charged with the duty of recording births;
(2) A record of age as given in the records of the school first attended by the minor, if obtainable, or in the earliest available school census;
(3) A baptismal record or duly certified transcript thereof showing the date of birth and place of baptism of the minor; or
(4) A bona fide contemporary record of the date and place of the minor’s birth kept in the Bible in which the records of the births in the family of the minor are preserved, or other documentary evidence satisfactory to the Board of Education, such as a passport showing the age of the minor, a certificate of arrival in the United States issued by the United States immigration officers and showing the age of the minor, or a life insurance policy.
§ 32–211. Vacation permits.
The Board of Education shall have authority to issue a vacation permit to a minor between the age of 14 and 16 years, permitting employment during the regular summer vacation period of the public schools, or during the school term at such time as the public schools are not in session, if the age of such minor has been proved according to § 32-210, and such minor has in all other respects, except as to completion of the 8th grade, fulfilled the requirements for a work permit specified in this subchapter. These permits shall be different in color from the work permit allowing employment while school is in session and shall state the periods during which its use is valid.
§ 32–212. Employer to furnish, on demand, proof of age of employee.
Whenever any person authorized to enforce this subchapter shall have reason to doubt that any minor employed in any occupation for which a permit is required by this subchapter, and for whom a work permit or vacation permit is not on file, has reached the age of 18 years, such person may make demand on such minor’s employer that such employer shall either furnish him within 10 days the evidence required for a work permit showing that the minor is in fact 18 years of age, or shall refuse to employ or permit or suffer such minor to work. In case such evidence is not furnished to such person within 10 days after such demand, the employer shall not thereafter continue to employ such minor or permit or suffer such minor to work in such establishment. Proof of the making of such demand and of failure to deliver such proof of age shall be prima facie evidence, in any prosecution brought for violation of this subchapter, that such minor is under 18 years of age and is unlawfully employed.
§ 32–213. Penalties.
(a) A person commits an offense under this subchapter if that person:
(1) Employs a minor or permits a minor to work in violation of this subchapter, of any regulation promulgated by the Board of Education pursuant to § 32-224, or of any order issued under the provisions of § 32-203; or
(2) Interferes with the Board of Education, its officers or agents, or any other person authorized by the District to inspect places of employment of minors.
(b) A person convicted of a 1st offense under this section shall be fined not less than $1,000 nor more than $3,000, or imprisoned not less than 10 days nor more than 30 days, or both. A person convicted of a 2nd or subsequent offense under this section shall be fined not less than $3,000 nor more than $5,000, or imprisoned not less than 30 days nor more than 90 days, or both. Each day during which a violation of this subchapter occurs shall constitute a separate offense.
(c) The fines set forth in this section shall not be limited by § 22-3571.01.
§ 32–214. Board of Education to enforce law; inspection of places in which minors are employed.
It shall be the duty of the Board of Education to cause all the provisions of this subchapter to be enforced, to make complaints against persons violating its provisions, and to prosecute violations of the same. The Board of Education, its inspectors, and agents are empowered and instructed to visit and inspect at any time, and as often as shall be necessary in order effectively to enforce the provisions of this subchapter, all places where minors are employed, and shall have authority to enter any place or establishment covered by the terms of this subchapter, and to have access to work or vacation permits kept on file by the employer and such other records as may aid in the enforcement of this subchapter.
§ 32–215. Limitations on employment in stuffing, sale and distribution of newspapers; exercise of trades in streets; exception for distribution of political literature.
No minor under 16 years of age shall be employed in the stuffing of newspapers, nor shall the work of any minor 16 or 17 employed stuffing newspapers exceed 40 hours in any 1 week, nor shall such minor be employed on more than 1 night in any week. No minor under 12 years of age shall distribute, sell, expose, or offer for sale any newspapers, magazines, periodicals, or any other articles or merchandise of any description, or distribute handbills or circulars, except political literature as specified below, in any street or public place, or exercise the trade of bootblack or any other trade, in any street or public place; provided, that the provisions of this subchapter shall not apply to minors 10 years of age and over engaged in the distribution of newspapers, magazines, or periodicals on fixed routes; provided further, that no minor under 16 years of age shall be employed or permitted or suffered to work at any of the trades or occupations mentioned in this section, in any street or public place, after 7:00 p.m. or before 6:00 a.m., or, unless holding a work permit issued in accordance with the provisions of this subchapter, during the hours when such minor’s school is in session. Nothing in this section shall be construed as prohibiting the distribution or circulation, by a minor, of political literature or petitions, or such other materials, for which the minor receives no pecuniary compensation.
§ 32–216. Street-trades badges — Required.
No minor under 16 years of age shall work at any time, or be employed or permitted or suffered to work at any time, in any of the trades or occupations mentioned in § 32-215, unless such minor shall have procured and shall wear in plain sight while so working a badge as hereinafter provided, issued by the Board of Education, and unless the minor complies with all the legal requirements concerning school attendance.
§ 32–217. Street-trades badges — Application requirements.
The Board of Education shall issue a street-trades badge only upon the application of the minor desiring it, with the written consent of the parent, guardian, or custodian of such minor, and upon proof that the minor is of the age required by § 32-215, which shall consist of the same evidence as is required for a work permit under this subchapter. A work permit issued as required by this subchapter may be accepted in lieu of any other requirements for said badge.
§ 32–218. Street-trades badges — Contents; record to be kept; badges not transferable.
Such badge shall bear a number, and every such badge on its reverse side shall be signed in the presence of the officer issuing the same by the minor in whose name it is issued and shall contain the minor’s name, address and date of birth and such other information as the officer issuing the same shall deem necessary. A complete record of badges issued and refused, and of the facts relating thereto, including the name and address of the parent, guardian, or custodian, the day, year, and month of birth of the minor, the date of issuance and kind of evidence of age accepted, and school grade and name of school attended, shall be kept by the Board of Education. No minor to whom such badge is issued shall give, lend, sell, or otherwise transfer it to any other person, or be engaged in any of the trades or occupations mentioned in § 32-215 without wearing such badge, and such minor shall exhibit the same upon demand to any police or attendance officer, or to any person charged with the duty of enforcing this subchapter.
§ 32–219. Violation of §§ 32-215 to 32-221; revocation of badge or work permit.
The Board of Education shall order any minor found to be engaged in any of the trades or occupations mentioned in § 32-215, in violation of any of the provisions of §§ 32-215 through 32-221, to cease and desist from engaging in such trade or occupation, and the parent, guardian, or custodian of such minor shall be notified by the Board of its order. The Board of Education may also revoke the badge or work permit of any minor who violates any provision of this subchapter, or who fails to comply with all legal requirements concerning school attendance for such period as the Board may require. Upon revocation, the Board shall so notify the parent, guardian, or custodian of such minor, and it shall thereupon become the duty of said parent, guardian, or custodian to surrender or require said minor to surrender said badge or work permit to the Board. After notice to the minor and the parent, guardian, or custodian of the revocation of such badge or work permit, said minor shall be deemed to be in the same status as a minor without a badge. The refusal of any such minor to surrender the badge upon such revocation shall be deemed a violation of this subchapter.
§ 32–220. Persons selling merchandise to minor for resale or distribution to ascertain that minor wears badge; penalties; exception.
Any person who either personally or as agent of any other person, or of any firm, corporation, or company, furnishes or sells or offers for sale to any minor under 16 any article of any description to be used for the purpose of sale or distribution in any public place shall first ascertain that said minor wears the badge issued by the Board of Education in plain sight as herein provided, and if said minor has no badge, no article shall be furnished or sold to the minor. Any person who fails to comply with the foregoing provision, or who furnishes or sells or offers for sale to any minor any article of any description, with the knowledge that the minor intends to sell or distribute such article in violation of any provision of this subchapter, or after having received written notice from any officer charged with the enforcement of this subchapter that such minor is selling such article in violation of any provision of this subchapter, or any person who procures any minor to violate any provision of this subchapter shall for a 1st offense be punished by a fine of not less than $25 nor more than $100, or by imprisonment for not less than 10 nor more than 30 days, or by both such fine and imprisonment, and for any subsequent offense shall be punished by a fine of not less than $50 nor more than $300, or by imprisonment for not less than 30 nor more than 90 days, or by both such fine and imprisonment. Whoever, having under control or custody any minor, permits or consents to the violation by such minor of any of the provisions of §§ 32-215 to 32-220 shall for a 1st offense be punished by a fine of not less than $5 nor more than $100, or by imprisonment of not less than 5 nor more than 30 days, or by both such fine and imprisonment, and for any subsequent offense shall be punished by a fine of not less than $10 nor more than $200, or by imprisonment for not less than 10 nor more than 60 days, or by both such fine and imprisonment. Nothing in this section shall be construed as prohibiting the distribution or circulation, by a minor, of political literature or petitions, or such other materials, for which the minor receives no pecuniary compensation.
§ 32–221. Loitering around business establishments prohibited during school hours; penalty.
No owner or employee of a business establishment shall permit a minor under the age of 16, having reasonable grounds to believe that such minor is a truant or unlawfully absent from school, to loiter on the premises of such business establishment during those hours when school is in session. Any person violating the provisions of this section may be fined not less than $25 nor more than $300, or may be imprisoned for not less than 10 days or longer than 30 days.
§ 32–222. Prosecutions.
Prosecutions for violations of any of the provisions of this subchapter, or of any regulation made by the Board of Education under authority of this subchapter, shall be on information filed in the Superior Court of the District of Columbia in the name of the District of Columbia by the Corporation Counsel or any assistants.
§ 32–223. Severability.
If any provision of this subchapter or the application of such provision to certain circumstances be held invalid, the remainder of this subchapter and the application of such provision to circumstances other than those as to which it is held invalid shall not be affected thereby.
§ 32–224. Board of Education authorized to enforce subchapter, make regulations, delegate functions, and appoint inspectors.
The Board of Education of the District of Columbia is hereby empowered to carry out and enforce the provisions of this subchapter, and is authorized to promulgate such regulations as may be necessary to effectuate the purposes of this subchapter. The Board of Education is further authorized to delegate the performance of any of its functions and duties under this subchapter to any officer, agent, or department of the Board, and to appoint such number of child labor inspectors or other employees as may be necessary to carry out the provisions of this subchapter.
Subchapter II. Programs for Youth Employment.
§ 32–241. Definitions.
For the purposes of this subchapter, the term:
(1) "Average wage" means the average wage identified in the most recent edition of the U.S. Bureau of Labor Statistics' State Occupational Employment and Wage Estimates for the District of Columbia.
(1A) "Committees" means the Industry Advisory Committees established pursuant to § 32-247.
(2) "Date of enrollment" means the date on which a participant enrolls in the summer youth jobs program.
(2A) "DCIA" means the DC Infrastructure Academy established by the Mayor.
(3) "Host employer" means a public or private employer that employs a summer youth jobs participant.
(4) "In-school youth" shall have the same meaning provided in section 129(a)(1)(C) of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1504; 29 U.S.C. § 3164(a)(1)(C)).
(5) "Occupation" means the broad occupational code and associated title assigned to a particular category of work in the most recent edition of the Standard Occupational Classification Manual published by the U.S. Bureau of Labor Statistics.
(6) "Opportunity Youth" means an individual who is an out-of-school youth at the date of enrollment in the summer jobs program, not regularly employed, and whose level of educational attainment is less than an associate degree.
(7) "Out-of-school youth" shall have the same meaning provided in section 129(a)(1)(B) of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1504; 29 U.S.C. § 3164(a)(1)(B)).
(8) "Soft skills training" means age-appropriate, non-technical skills training that helps individuals succeed in the workplace and includes training regarding communication, time management, appropriate work attire, and conflict resolution, and education regarding employers' rights to conduct drug tests.
§ 32–242. Programs for employment and training of young District domiciliaries.
(a) The Mayor shall establish and implement programs, subject to the annual appropriation of funds, for the employment and training of young persons who are domiciliaries of the District of Columbia, as follows:
(1) Summer youth jobs. —
(A)(i) A summer youth jobs program to provide for the employment or training each summer of not fewer than 10,000 or more than 21,000 youth. Youth shall be 14 through 24 years of age on the date of enrollment in the program; provided, that the program shall provide employment or training each summer to no more than 900 youth ages 22 through 24 years of age on the date of enrollment.
(ii) Youth 14 or 15 years of age at the date of enrollment shall receive an hourly work readiness training rate of not less than $6.25.
(iii) Youth ages 16 to 21 years at the date of enrollment shall be compensated at an hourly rate of not less than $8.25.
(iv) Youth 22 through 24 years of age at the date of enrollment shall be compensated at an hourly rate equal to the minimum wage specified in § 32-1003.
(v)(I) At least 100 participants shall be placed with host employers that also employ registered apprentices.
(II) For the purposes of this sub-subparagraph, host employers may be those that participate in the summer youth jobs program through the District of Columbia Public Schools' Career Ready Internship Program.
(A-i) Registration for the summer youth jobs program shall occur annually.
(B) The weekly number of hours of employment under the summer youth jobs program shall be established according to the age of the youth to be employed and the nature and requirements of the job, but shall not be fewer than 20 hours or more than 40 hours per week. Participants in this program shall be employed for a period of no more than 6 weeks; provided, that Opportunity Youth may be employed for up to 12 weeks.
(C) Employment may include an appropriate number of supervisory positions at an hourly wage of no less than $9.25 and no greater than the minimum wage specified in § 32-1003. Supervisory positions shall not be subject to the requirements under this paragraph regarding the number of hours and weeks of employment.
(D) The Department of Employment Services shall implement the summer youth jobs program subject to the appropriation of funds or availability of funds through public-private partnerships between the District government and a District business that has the ability to employ youth under this program; provided, that these partnerships shall be subject to all federal and District laws, rules, and regulations relating to the procurement and award of contracts, grants, or other government assistance. For purposes of this paragraph, the term “District Business” means a corporation or any entity carrying on any trade or business in the District of Columbia that is subject to taxation under § 47-1807.02 or § 47-1808.03.
(E) Repealed.
(2) In-school employment and work readiness training. — The Department of Employment Services shall implement an in-school youth employment and work readiness training program to provide for the employment or training during the school year of students aged 14 through 21 years on a part-time basis at no less than the federal minimum wage, or work readiness training rate at no less than $5.25 per hour. Priority shall be given to students who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.) (“Workforce Innovation and Opportunity Act”), as identified in regulations issued to implement this subchapter. The Mayor may provide financial incentives to increase performance outcomes.
(2A) School year internship program. —
(A) A program called the School Year Internship Program ("Program") for a minimum of 1000 District high school students, each year, to provide work-based learning opportunities during the school year.
(B)(i) High school students, including students from public schools, public charter schools, private schools, and students who are homeschooled, may apply to the Department of Employment Services ("DOES") to be matched with an internship host through the Program; provided, that a student may not otherwise participate in an internship, in-school youth employment, or a work-readiness program.
(ii) DOES shall give priority over all other applications to the applications of students who are identified as one or more of the following:
(I) Homeless;
(II) In the District's foster care system;
(III) Qualified for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or
(IV) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled.
(iii) Repealed.
(iv) DOES shall reserve at least 100 internships for District-involved youth in Fiscal Year 2023.
(C) DOES shall notify students of their placement with an internship host by September 15 of each year.
(D) Interns shall remain matched with their internship host between the first week of October and the last day of May.
(E) DOES shall pay interns a training rate of at least $10 per hour, which it shall pay by way of a debit card provided to the intern or by direct deposit.
(F)(i) Internship hosts may be nonprofit organizations, public schools or public charter schools, government agencies, or private businesses.
(ii) Prospective internship hosts shall submit applications to participate in the Program no later than July 1 of each year. The application shall include a detailed job description that identifies specific tasks, projects, or duties that the intern will perform and the name and job title of the individual who will directly supervise the intern.
(iii) DOES shall review internship host applications and shall give priority to applications that will engage an intern in work experience activities, rather than work readiness activities, for the majority of an intern's time.
(G) DOES shall implement the Program through public-private partnerships between the District government and an internship host that has the ability to employ youth under the Program, subject to all federal and District laws, rules, and regulations relating to the procurement and award of contracts, grants, or other government assistance.
(H)(i) DOES shall develop benchmarks for interns' growth and development in work readiness, which internship hosts shall utilize to assess an intern's work readiness.
(ii) An internship host shall provide its written assessment of an intern's work readiness to DOES within 30 days after the end of the internship.
(I) For School Year 2022-2023, DOES may conduct a mid-year application cycle for students and internship hosts. Students placed with an internship host in the mid-year application cycle shall begin their internships no later than the second week of January 2023 and remain matched with the host through the last day of May 2023.
(J)(i) In Fiscal Year 2023, DOES shall issue grants totaling at least $225,000, to governmental or non-governmental entities to host District-involved youth. To qualify for a grant, an entity shall:
(I) Submit an application, supplemental to the application required pursuant to subparagraph (F)(ii) of this paragraph, that specifies the maximum number of District-involved youth the entity is able to host:
(II) Be able to provide programming in the District;
(III) Have experience providing workshops and programming for youth ages 14 through 21 on topics including life skills, workforce readiness, health (sexual, mental, physical), financial literacy, career exploration, or parenting; and
(IV) Have experience working with District-involved youth.
(ii) DOES shall:
(I) Work closely with agencies and organizations listed in subparagraph (K)(ii) of this paragraph to recruit District-involved youth; and
(II) Enter into any agreements with other District agencies or grantees required by law to prevent disclosure of legally protected information related to District-involved youth.
(iii) A grantee shall:
(I) Submit monthly reports to DOES on District-involved youth interns' growth and development; and
(II) Conduct at least 4 hours of intern training a month on subjects that may include workforce readiness, self-advocacy and personal agency, health (physical, mental, sexual), career exploration, life skills, and financial literacy.
(iv) Every 3 months from the date of placement of District-involved youth with a grantee, a grantee shall submit a report on the following from the previous 3 months:
(I) The number of hours each District-involved youth worked and participated in training;
(II) The number of total training hours the grantee conducted with District-involved youth, including the number of interns who participated in the training;
(III) A list of the training topics that were covered during the reporting period; and
(IV) Intern growth and development highlights.
(K) For the purposes of this paragraph, the term "District-involved youth" means a youth aged 14 through 21 who receives services from the following agencies or organizations:
(i) District Department of Human Services;
(ii) Department of Youth Rehabilitation Services;
(iii) Child and Family Services Agency;
(iv) Office of Neighborhood Safety and Engagement;
(v) Organizations that receive District funding for truancy prevention or intervention services; or
(vi) Organizations that contract with any agencies listed in sub-sub-subparagraphs (i) through (iv) of this subparagraph to provide services to youth.
(3) Out-of-school, year-round employment and work readiness training. — An out-of-school, year-round employment and work readiness training program to provide youth 16 through 24 years of age with employment at the prevailing entry level wage for the job being performed and no less than the federal minimum wage, or work readiness training at a training rate no less than $5.25 per hour. The Mayor may provide financial incentives to promote work readiness training activities and to increase performance outcomes. Priority shall be given to youth who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, as identified in regulations issued to implement this subchapter. The program shall include safeguards to assure that the prospect of employment resulting from this program does not induce students to drop out of school.
(4) On-the-job training program for adults.— An on-the-job training program for unemployed individuals at least 18 years of age. Priority shall be given to participants who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, as identified in regulations issued to implement this subchapter. The District government shall reimburse participating employers no more than 75% of the prevailing wage paid for an occupation, as determined by the Mayor, for a period not to exceed 12 months. The employer shall pay all wages in excess of the allowable reimbursement and all fringe benefits. The Mayor shall require that participating private-sector employers agree to hire persons who successfully complete the program. On-the-job training participants shall not displace existing employees or be used as substitutes for regular workers.
(5) Training and retraining for employment.— Programs for pre-employment training and retraining for persons 16 years of age and above. Priority shall be given to participants who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act, as identified in regulations issued to implement this subchapter. Training programs established pursuant to this paragraph may be coupled with those conducted pursuant to paragraphs (3) and (4) of this subsection.
(6) [Career Ready Early Scholars ("CRES") Summer Program. —]
(A) [ ]DOES shall create a summer program for youth between 9 and 13 years of age that provides occupational skills, academic enrichment, life skills, career exploration, work readiness, or youth development trainings.
(B) DOES is authorized to spend appropriated funds for the CRES summer program to provide participants with:
(i) Cash equivalents, not to exceed the value of $150 per week per participant, as an incentive to participate in the program;
(ii) Meals and snacks during program hours; and
(iii) Public transportation to and from the program.
(C) Following the completion of the CRES summer program each year, DOES shall administer a survey to participants and, by September 15, publish the results of the survey and transmit them, along with a blank copy of the survey, to the Office of the State Superintendent of Education ("OSSE"), the Chancellor of the District of Columbia Public Schools ("DCPS"), and the Council.
(D) By December 1 each year, DOES shall issue and submit to the Council, OSSE, and the Chancellor of DCPS a report detailing:
(i) The total number of participants who participated in the CRES summer program;
(ii) The total number of participants who completed the CRES summer program;
(iii) Partner organizations with whom participants engaged in experiences; and
(iv) Participants' demographic data, as available.
(7) [Career Ready Early Scholars ("CRES") Year-Round Program. —]
(A) [ ]Beginning in School Year 2024-2025, DOES may administer an after-school program for youth between 9 and 13 years of age that provides occupational skills, academic enrichment, life skills, career exploration, work readiness, or youth development trainings during the school year.
(B) DOES is authorized to spend appropriated funds for the program to provide participants with:
(i) Cash equivalents, not to exceed $150 per week per participant, as an incentive to participate in the CRES year-round program; and
(ii) Meals and snacks during program hours.
(a-1) At least 66% of the local funds that the Department of Employment Services uses for training offered pursuant to subsection (a)(2) and (3) of this section each fiscal year shall be spent on in-school youth who are District of Columbia residents and reside or attend a public school or public charter school in Ward 7 or Ward 8, and who are not participants in the District of Columbia Public Schools' Career Bridge Program.
(a-2) Repealed.
(b) Employment under the programs established pursuant to subsection (a) of this section may be provided directly with the government of the District of Columbia or with the private sector on a fully funded, partially or match-funded basis through grants to or by contract with nonprofit or profit-making organizations, associations, institutions or businesses. The Mayor shall not use more than 10% of funds for the programs for administrative and vendor costs. The Mayor may enter into performance-based contracts to implement programs described in subsection (a) of this section.
(c) The programs established pursuant to subsection (a) of this section may include, but shall not be limited to, the following supportive services and activities: Transportation; orientation; counseling and training; supplies and equipment; and program promotion.
(d) For the purposes of this section, to give priority to participants who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act means to engage in a good-faith effort to fill at least 30% of a program’s available positions with persons who meet the eligibility criteria and standards of the Workforce Innovation and Opportunity Act.
(e) An employer required by law to pay a minimum wage higher than that specified in this section shall pay such higher wage to persons employed pursuant to this section.
(f) The Mayor of the District of Columbia shall issue regulations to implement this section. The rules and regulations issued by the Mayor for the purpose of implementing the provisions of this section shall be submitted by the Mayor to the Council of the District of Columbia for a 45 calendar-day review period, excluding days of Council recess. No such rules or regulations shall take effect until the end of the 45 calendar-day period beginning on the day such rules or regulations are transmitted by the Mayor to the Chairman of the Council, and then only if during such period the Council does not adopt a resolution disapproving such rules and regulations in whole or in part.
(g)(1) The Department of Employment Services shall collect, and publish on its website, aggregated information on the participants of the summer youth jobs program, including statistics on:
(A) The demographics of participants;
(A-i) The number of participants who were:
(i) Opportunity Youth;
(ii) Opportunity Youth who participated in the program for more than 6 weeks;
(iii) Opportunity Youth who participated in the program for 12 weeks;
(iv) Opportunity Youth who were referred to year-round training or education;
(v) Placed with a host employer that employs registered apprentices; and
(vi) Employed in supervisory positions;
(B) Participants’ activities in the program; and
(C) Participants' employment following the end of the program, including the number of:
(i) Opportunity Youth employed who participated in the program for longer than 6 weeks; and
(ii) Participants who entered a registered apprenticeship program following placement with a host employer that employs registered apprentices.
(2) Beginning December 15, 2019, and annually thereafter, the Department of Employment Services shall publish the information collected pursuant to paragraph (1) of this subsection for the preceding summer; provided, that information responsive to paragraphs (1)(A-i) and (C)(i) and (ii) of this subsection first may be published in December 2020.
(3) It is the sense of the Council that the Department of Employment Services shall consult with the Council on revising the existing evaluation requirement for the summer youth jobs program to focus on program outcomes and program effectiveness.
(4) With regard to the summer 2015 program only, the Mayor shall conduct an assessment and evaluation of employment outcomes as of December 31, 2015, for summer employment participants 22 through 24 years of age.
(5) Repealed.
(h) When the purchase is reasonably necessary to assist in the effective achievement of a statutorily authorized goal, objective, or responsibility, Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for:
(1) Youth enrolled in the summer youth jobs program;
(2) District government employees at registration events at which participant eligibility is certified or transportation stipends are distributed, or at hiring events; and
(3) Participants, District government employees, and employees of host agencies who attend the annual summer youth employment program closing ceremony.
§ 32–243. Training and work experience in persistent problem areas of the District.
(a) Commencing 30 days after October 20, 2005, and subject to the annual appropriation of funds, the Mayor shall establish and operate a year round program to provide domiciliaries of the District of Columbia between the ages of 14 and 24 years with training and work experience in both the public and private sectors of the economy. The Mayor shall target the services of this program to those youth residing in persistent problem areas of the District where such factors as crime, lack of economic development, and high unemployment create a particular need for the services of this program.
(b) Youth participants shall be certified by the Department of Employment Services as to residence and income. Priority in the selection of participants shall be given to hard-to-serve youth residing in persistent problem areas of the District that the Mayor may further identify by executive order.
(c) Youth participants shall be assessed for work experience placement suitability at the time of entry into the program and shall receive case management services during their period of participation in the program.
(d) Based upon the initial assessment, youth participants may be referred to and shall successfully complete employment counseling, leadership and life skills training, pre-employment training, or occupational skills training in demand occupations prior to placement in paid work.
(e) After participants have been assessed and determined to be ready for placement in work experience, they shall be placed in available work positions that pay stipends, training wages or wages in such amounts as the Mayor may determine to be appropriate for the work position and participant.
(f) The Mayor shall also provide participants with job development services, job retention counseling, and unsubsidized job placement assistance.
§ 32–244. Development of plans for the delivery of workforce development services.
(a) The Mayor shall develop a plan for the delivery of workforce development services for the summer youth jobs program required by § 32-242(a)(1).
(b) The Mayor shall develop a plan for the delivery of workforce development services for the out-of-school year-round employment program required by § 32-242(a)(3).
(c) The plans required by this section shall include the following components:
(1) Stated objectives of the program;
(2) Quantitative and qualitative output and outcome measurements and the proposed evaluation mechanisms;
(3) A review of the previous year’s programmatic implementation and an analysis of what strategies have worked and what strategies have not worked with regards to achieving the programmatic goals;
(4) A full budget narrative, including a delineation of funding for youth connected to traditional academic institutions and youth who are disconnected from any academic institution;
(5) A delineation of the specific roles that the nonprofit sectors and government sectors play as they relate to policies, procedures, and specific services to be offered to youth requesting workforce development services;
(6) A strategy to link workforce development programming with academic objectives;
(7) A strategy to link youth workforce development programming with local employers’ current and projected workforce needs; and
(8) A strategy to identify all potential obstacles to employment success for participating youth and connect the youth to additional support services as needed.
(d) In the development of the plans required by this section, the Mayor shall consult with youth workforce development stakeholders, experts, and providers.
(e) Within 120 days of September 24, 2010, the Mayor shall submit the plans required by this section to the Council for its approval. Upon approval by the Council, the Mayor shall implement the plans.
§ 32–245. Evaluation of the summer youth employment program.
(a) By December 1, 2019, and every year thereafter, the Mayor shall hire an independent contractor to evaluate the next year's summer youth employment program. The contractor shall conduct the evaluation according to nationally accepted standards. The evaluation criteria shall include a pre-program and post-program survey of participating youth and employers. The contractor shall interview local youth workforce development stakeholders, experts, and providers when preparing the evaluation.
(b) The evaluation shall include an assessment of the following:
(1) Client satisfaction from participating youth and employers;
(2) Job responsibilities of participating youth;
(3) Support mechanisms for participating youth and employers;
(4) Sense of progress as it relates to job readiness and specific work skills gained for participating youth;
(5) An estimation of the percentage of youth participating in each of the various types of activities provided through the summer youth employment program (for example, work experience, academic, and youth enrichment);
(6) An assessment of the steps taken to address shortcomings identified in previous program evaluations and an analysis of the effectiveness of these corrective measures;
(7) The various types of soft skills training programs offered, including pre-program bootcamps, online modules, contracted services, and in-program instruction, to determine which models were most successful at imparting soft skills; and
(8) The causes of participant attrition, including the impact of the program's registration and documentation requirements on attrition.
(c) By December 30, 2020, and every year thereafter, the contractor shall present the results of the evaluation conducted pursuant to subsection (a) of this section to the Council and the Department of Employment Services. The department shall place the evaluation on its website.
§ 32–246. DC Infrastructure Academy.
(a) In addition to duties the Mayor prescribes, the DCIA shall:
(1) Provide occupational skills training ("skills training") annually in industries for which there is significant demand regionally or by a major employer, including construction, infrastructure, and information technology;
(2) Provide occupational skills training designed to meet the needs of employers by:
(A) Aligning skills training, where appropriate, with the annual recommendations the committees submit to the DCIA pursuant to § 32-247(c);
(B)(i) Submitting a proposed curriculum, at least 30 calendar days prior to the start of any skills training taught by DCIA staff, to the relevant committee for its feedback; and
(ii) Taking into consideration any feedback from a committee when implementing any skills trainings taught by DCIA staff;
(C)(i) Submitting to the relevant committee, at least 30 calendar days before soliciting applications or bids on a grant or contract to provide skills training, a request that the committee review a grant or contract solicitation's proposed scope of work; and
(ii) Considering any feedback received from a committee when preparing statements of work for grants and contracts to provide skills training; and
(D) For any customized skills training provided specifically for a particular employer, seeking input from the employer consistent with the requirements outlined in subparagraphs (B) and (C) of this paragraph;
(3) Provide test preparation sessions and practice exams to ready participants to obtain the occupational credentials the committees identify in their annual reports pursuant to § 32-247(c)(4) [§ 32-247(b)]; and
(4) Provide job referrals, as defined in 20 C.F.R. § 651.10, to employers in the industry sectors in which training is offered pursuant to paragraph (1) of this subsection for all qualified graduates of DCIA training programs.
(b) DCIA skills training may include:
(1) Training services enumerated in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1529; 29 U.S.C. § 3174(c)(3)(D));
(2) Supportive services, as defined in 20 C.F.R. § 651.10;
(3) Integrated education and training, as defined in 34 C.F.R. § 463.35;
(4) Workforce preparation activities, as defined in 34 C.F.R. § 463.34; and
(5) Job development, as defined in 20 C.F.R. § 651.10.
(c)(1) At least 66% of the participants receiving skills training through the DCIA each fiscal year shall be trained in occupations that pay an average wage that is at least 150% of the minimum wage specified in § 32-1003.
(2) At least 25% of the value of each grant or contract with a skills training provider shall be contingent on the provider achieving at least one of the following results:
(A) At least 75% of the provider's participants receive an industry-recognized credential; and
(B) At least 80% of the provider's participants enter permanent, unsubsidized employment in the occupation of training.
(d)(1) In Fiscal Year 2023, the DCIA shall administer a Commercial Driver's License ("CDL") mass transportation pipeline pilot program ("pilot program") that will train and support District residents to work toward employment with local mass transportation agencies such as the Washington Metropolitan Area Transportation Authority ("WMATA").
(2) To implement the pilot program, DCIA shall:
(A) Screen candidates for their suitability to receive a CDL and be hired as bus drivers with mass transportation agencies;
(B) Train candidates to receive a CDL or refer candidates to external training based on candidates' suitability;
(C) Provide candidates with assistance completing CDL applications and applying for employment with local mass transportation agencies, including through:
(i) Resume development;
(ii) Employment-readiness skills development; and
(iii) Interview preparation; and
(D) Recruit candidates for the pilot program.
(3) DCIA shall select candidates to participate in the pilot program through suitability screening that will ensure participants have a high likelihood of being hired by local mass transportation agencies. Screening may include a criminal background check, screening for use of drugs and alcohol, or a review of participants' driving, employment, or medical records.
(4) DCIA shall train or refer participants to external training with local mass transportation agencies based on participants' suitability and qualifications.
(5) DCIA's CDL training program may be facilitated by DCIA staff or through contracts with training providers. DCIA may coordinate with mass transportation agencies to obtain vehicles or other training materials to create new or expand existing CDL training.
(6) DCIA shall provide CDL test preparation assistance for all participants who receive DCIA-administered CDL training. This assistance may include:
(A) Working with the Department of Motor Vehicles to schedule tests;
(B) Leading and facilitating test preparation sessions;
(C) Educating participants on test-taking strategies; and
(D) Providing support to participants with test performance anxiety.
(7) DCIA shall launch a Districtwide campaign to recruit participants for the pilot program. Recruitment shall include outreach to American Job Center visitors and current and past participants of DOES programs including the DCIA, Project Empowerment, DC Career Connections, Pathways for Young Adults, and the Marion Barry Summer Youth Employment Program. Recruitment may also include outreach to adult education programs and District residents who are drivers with ridesharing companies.
(8) DCIA may accept a candidate who is deemed unsuitable for employment with a mass transportation agency due to a candidate's failure to pass drug or alcohol screening into the pilot program to receive DCIA-administered CDL training if DCIA determines that the candidate would likely be able to pass drug and alcohol screening in the future. DCIA may provide such participants with support or referrals to community services to address substance abuse concerns.
(9) For the purposes of this subsection, the term:
(A) "CDL" means a commercial driver's license issued by the District of Columbia or other jurisdiction, in accordance with the federal regulations, 49 CFR Part 383, to an individual that authorizes the individual to operate a class of commercial vehicle.
(B) "Mass transportation agency" means a government, quasi-government, or privately owned agency that transports the public by bus, train, trolly, streetcar, shuttle, or other means; which agencies may include WMATA, the DC Circulator, or the DC Streetcar.
(e) Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for participants receiving DCIA skills training, when the purchase is reasonably necessary to assist in the effective achievement of a statutorily authorized goal, objective, or responsibility.
§ 32–247. Industry advisory committees.
(a)(1) The Director shall establish industry advisory committees to advise DCIA on occupational skills training offerings with the goal of aligning DCIA's trainings with industry hiring needs.
(2) There shall be one committee per industry sector in which DCIA offers occupational skills training pursuant to § 32-246(a)(1).
(3) Each committee shall consist of representatives of at least 2 employers from the relevant industry sector, whom the Director shall appoint.
(4)(A) The Director shall make initial appointments to the committees within 30 days of December 20, 2020.
(B) Committee members shall disclose all existing and potential conflicts of interest to the Director. No committee member may, in any manner, directly or indirectly, participate in a deliberation upon, or the determination of, any question affecting the financial interest of any corporation, partnership, or association in which the member or a member of the member's family is directly or indirectly interested. Committee members shall disclose the nature of any financial or personal relationships with any training providers by completing a conflict of interest form.
(b) No later than December 15, 2020, and annually thereafter in advance of the start of a new fiscal year, each Committee shall submit written recommendations to DCIA, which shall contain the following:
(1) Recommendations of 2 to 4 specific occupational skills trainings DCIA should offer;
(2) The number of District residents DCIA should train in the occupations identified pursuant to paragraph (1) of this subsection;
(3) Occupational skills required to obtain employment in the occupations identified pursuant to paragraph (1) of this subsection;
(4) A description of tools, equipment, and services necessary to conduct trainings to acquire the skills identified in paragraph (3) of this subsection;
(5) Industry-recognized credentials required for obtaining employment in the occupations identified pursuant to paragraph (1) of this subsection, when appropriate; and
(6) The feasibility of providing virtual training or distance learning and recommendations to implement virtual training.
(c) After receiving a proposed training curriculum from the DCIA pursuant to § 32-246(a)(2)(B)(i), a Committee shall provide the DCIA with a written explanation of recommended modifications, if any.
(d) Within 30 calendar days after receiving a proposed scope of work for a grant or contract from DCIA pursuant to § 32-246(a)(2)(C)(i), the Committee shall provide DCIA with a written explanation of recommended modifications, if any.
