Background checks

Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following:

9537.

Background checks

(a)

Background checks

Each State educational agency that receives funds under this Act shall have in effect policies and procedures that— (1)require that criminal background checks be conducted for each school employee that include— (A)a search of the State criminal registry or repository in the State in which the school employee resides and each State in which the school employee previously resided; (B)a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which the school employee previously resided; (C)a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D)a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); (2)prohibit the employment of an individual as a school employee if such individual— (A)refuses to consent to a criminal background check under paragraph (1); (B)makes a false statement in connection with such criminal background check; (C)has been convicted of a felony consisting of— (i)homicide; (ii)child abuse or neglect; (iii)a crime against children, including child pornography; (iv)spousal abuse; (v)a crime involving rape or sexual assault; (vi)kidnapping; (vii)arson; or (viii)physical assault, battery, or a drug-related offense, committed within 5 years of the completion of such individual’s criminal background check under paragraph (1); or (D)has been convicted of any other crime that is a violent or sexual crime against a minor; (3)require that a local educational agency or State educational agency that receives information from a criminal background check conducted paragraph (1) that an individual who has applied for employment as a school employee with such agency is a sexual predator, report to local law enforcement that such individual has so applied; (4)require that criminal background checks conducted under paragraph (1) be periodically repeated or updated in accordance with State law or local educational policy, but not less than once every 5 years; (5)require that each school employee who has had a criminal background check under paragraph (1) be provided with a copy of the background check; and (6)provide for a timely process by which a school employee may appeal, but which does not permit the school employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) to— (A)challenge the accuracy or completeness of the information produced by such background check; and (B)seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. (b)

Inventory authorized

A State educational agency may maintain an inventory of all the information from criminal background checks conducted under subsection (a)(1) on school employees in the State. (c)

Definitions

In this section: (1)

School Employee

The term school employee means— (A)an employee of, or a person seeking employment with, a local educational agency or State educational agency, and who has a job duty that results in access to students; or (B)an employee of, or a person seeking employment with, a for-profit or nonprofit entity, or local public agency, that has a contract or agreement to provide services with a school, local educational agency, or State educational agency, and whose job duty— (i)is to provide such services; and (ii)results in access to students. (2)

Sexual Predator

The term sexual predator means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.