[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2360 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2360

    To develop a national system of oversight of States for sexual 
       misconduct in the elementary and secondary school system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2007

 Mr. Martinez introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To develop a national system of oversight of States for sexual 
       misconduct in the elementary and secondary school system.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Protection Act''.

SEC. 2. STATE OVERSIGHT SYSTEMS.

    (a) Systems Required.--For fiscal year 2010 and each fiscal year 
thereafter, each State shall have in effect laws and policies that, as 
determined by the Secretary of Education, ensure the following:
            (1) Whenever an individual who is an eligible employee or 
        volunteer has reason to believe that an incident has occurred 
        in which an eligible employee or volunteer has committed an act 
        of sexual misconduct against a student, the individual makes a 
        report of that incident to the State consistent with the 
        State's laws and policies regarding reporting of child abuse 
        and neglect or, in the case of a State that does not have laws 
        and policies regarding the reporting of child abuse and 
        neglect, as quickly as practicable.
            (2) If an individual described in paragraph (1) fails to 
        comply with State laws and policies referenced in paragraph 
        (1), such individual is disciplined.
            (3) The State has a single, statewide commission for 
        receiving and documenting all reports made under paragraph (1).
            (4) The commission required by paragraph (3)--
                    (A) has policies for investigating and reporting 
                such incidents; and
                    (B) has a toll-free number that can be used to make 
                reports under paragraph (1).
            (5) Each incident with respect to which a report is made 
        under paragraph (1) is investigated by individuals who have 
        received training in investigating such incidents.
            (6) The identification and last known address of an 
        eligible employee or volunteer, the reason for the termination, 
        punishment, fines, or sanctions are provided to the Secretary 
        of Education whenever an eligible employee or volunteer is--
                    (A) terminated from association with the State 
                educational agency, local educational agency, public 
                school, or private school, on the basis of an act of 
                sexual misconduct against a student; or
                    (B) punished, fined, or sanctioned by any level of 
                State government on the basis of an act of sexual 
                misconduct against a student.
    (b) Noncompliance.--If a State does not comply with subsection (a) 
for a fiscal year, the Secretary of Education may reduce by not more 
than 5 percent the amounts the State would otherwise be allocated or 
awarded, or both, under the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.). Amounts not allocated or awarded to a 
State for failure to comply with subsection (a) shall be allocated or 
awarded (as the case may be) to States that do comply with subsection 
(a).

SEC. 3. NATIONAL DATABASE.

    (a) In General.--The Secretary of Education shall maintain a 
national database of incidents that have occurred in which an eligible 
employee or volunteer is--
            (1) terminated from association with a State educational 
        agency, local educational agency, public school, or private 
        school, on the basis of an act of sexual misconduct against a 
        student; or
            (2) punished, fined, or sanctioned by any level of State 
        government on the basis of an act of sexual misconduct against 
        a student.
    (b) Include Every Detail and Availability.--The database shall 
include, at a minimum, every detail provided by a State under section 
2, and shall be available to State educational agencies, local 
educational agencies, and private schools.

SEC. 4. REPORT.

    The Secretary of Education shall, on an annual basis, submit to 
Congress a report on the activities carried out under this Act. The 
report shall identify each State that is in compliance, and each State 
that is not in compliance, with section 2(a).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``eligible employee or volunteer'' means any 
        individual who works for, or volunteers with, a State 
        educational agency, local educational agency, public school, or 
        private school.
            (2) The term ``act of sexual misconduct'' shall be defined 
        according to State law.
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