II 110th CONGRESS 1st Session S. 2360 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.

1.

Short title

This Act may be cited as the Student Protection Act .

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).

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.

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).

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.