Section 5-E403. UTILIZATION OF VOLUNTARY SERVICES

 

403.1The Superintendent of Schools and the members and staff of the Board of Education are authorized to accept and utilize the services of persons on a voluntary basis in accordance with the provisions of this section.

 

403.2Volunteers may be utilized to perform educational or related services, or for any other purpose that is in the interests of the school system, except where specifically provided otherwise by this section, Board rule, or District law.

 

403.3No volunteer shall be utilized to perform any function or service that is currently being performed by an employee of the Board of Education; provided, that volunteers may be utilized in the following manner:

 

(a)To perform any service or function that augments or supplements an existing function, service, or program which is staffed by employees of the Board of Education;

 

(b)To perform any service or function that creates a community service capability which would not be available under existing programs or within the level of available resources;

 

(c)To perform the duties assigned to a regular employee during the temporary absence of the regular employee; and

 

(d)To perform the duties assigned to a regular employee on a temporary basis during periods of heavy workload or to assist in relieving an existing backlog of work.

 

403.4Voluntary services or the availability of voluntary services shall not be used as the basis for a reduction-in-force. The availability of voluntary services may be considered as a factor in determining the allocation of limited resources.

 

403.5The standards of conduct prescribed for employees of the Board of Education shall be applicable to all volunteers.

 

403.6The services of a person on a voluntary basis shall not be accepted or utilized where such services or the use of such services would constitute a conflict of interest or could reasonably give rise to the appearance of a conflict of interest. The Superintendent of Schools shall establish and implement guidelines to enforce the provisions of this subsection.

 

403.7Persons whose services are utilized on a voluntary basis shall not be eligible for any benefits normally accruing to employees of the Board of Education, including health insurance, retirement, compensation for work-related injuries (workman’s compensation), life insurance, leave, or the right to organize for collective bargaining purposes, unless the benefits are specifically provided by the laws of the District of Columbia.

 

403.8Persons whose services are utilized on a voluntary basis shall be considered employees of the Board of Education for the purposes of liability for tortious injuries caused by the volunteer while acting within the scope of duty under the supervision and control of the Board of Education.

 

403.9All rules and procedures with respect to the confidentiality of personnel records and release of personnel information that are in effect for employees of the Board of Education shall be applicable to persons whose services are utilized on a voluntary basis.

 

403.10Volunteers shall not be given access to confidential materials unless the duties assigned cannot be performed without access to such materials.

 

403.11The acceptance and utilization of the services of any person on a voluntary basis shall be at the discretion of the school system, and the utilization of such services may be discontinued by the school system at any time for any reason.

 

403.12The decision by a school official to discontinue the utilization of the voluntary services of any person shall not be considered an adverse action and shall not give rise to any right or process of appeal.

 

403.13Each volunteer shall be assigned to a Board member or to an employee of the Board of Education who shall be responsible for assignment of duties, supervision and control of the activities of the volunteer, evaluation of performance, and establishment and monitoring of the hours during which voluntary services are performed.

 

403.14Volunteers shall not engage in political activities during hours when voluntary services are being performed for the Board of Education.

 

403.15Persons who offer services on a voluntary basis shall only be utilized to perform services for which they are qualified based on training, education, experience, and maturity.

 

403.16Volunteers shall be mentally and physically capable of performing the duties assigned without unreasonable danger of harm or injury to the volunteer or to any other person.

 

403.17Although physical examinations shall not ordinarily be required of volunteers, the Superintendent of Schools may require a physical examination where voluntary services involve the handling of food or activities that may be strenuous or potentially hazardous.

 

403.18Any volunteer whose services are utilized to perform duties which would ordinarily require that the person be licensed in a trade or craft under the laws of the District of Columbia shall be required to have or obtain the required license(s) prior to the performance of voluntary services; provided, that no volunteer shall be required to obtain certification under the rules of the Board of Education in order to perform voluntary services in connection with the educational program or related services.

 

403.19No offer of voluntary services by any person shall be unlawfully rejected on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, citizenship status, family responsibilities, matriculation, political affiliation, handicapping condition, source of income, place of residence or business, or any other basis of unlawful discrimination under the laws of the District of Columbia.

 

403.20The Superintendent of Schools shall establish and implement guidelines for the acceptance and utilization of voluntary services in the school system, including guidelines for the deployment and supervision of volunteers pursuant to the provisions of this section.

 

403.21Each volunteer shall be informed of the requirements and restrictions set forth in this section and in the guidelines established by the Superintendent of Schools.

 

403.22Each volunteer shall be required to sign a statement which acknowledges that he or she has been informed of the voluntary services to be performed, the scope of services contemplated, and acknowledges that the volunteer has been informed of the provisions of the appropriate rules and guidelines, especially §§ 403.5, 403.6, 403.8, 403.9, 403.10, 403.11, 403.12, and 403.13.

 

source

Final Rulemaking published at 24 DCR 9382, 9383-85 (May 5, 1978).