II 110th CONGRESS 2d Session S. 3378 IN THE SENATE OF THE UNITED STATES July 31, 2008 Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes.

1.

Short title

This Act may be cited as the Safety for Our Schoolchildren Act of 2008.

2.

Background checks for public school employees

(a)

In general

Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: D

Background checks for public school employees

4401.

Definitions

(a)

Crime of violence

The term crime of violence has the meaning given the term in section 924(c)(3) of title 18, United States Code. (b)

Drunk driving

The term drunk driving means driving while intoxicated or driving under the influence of alcohol. (c)

FBI background check

The term FBI background check means a criminal history background check as described in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041). (d)

School employee

The term school employee means— (1)an employee of a local educational agency or State educational agency who works either in a public school or has a job duty that results in exposure to students, including administrators, teachers, substitute teachers, custodians, cafeteria workers, and school bus drivers; and (2)an employee of a company, or a subsidiary of a company, that has a contract with a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students. (e)

Serious moving violation

The term serious moving violation means a felonious driving violation, as determined by State law. (f)

Sexual predator

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

4402.

Background checks for public school employees

(a)

In general

A local educational agency or State educational agency that receives Federal funds shall obtain an FBI background check on an individual prior to making an offer of employment as a school employee with such agency to such individual. (b)

Prohibition against employment of felons or violent criminals

A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school employee with such agency if such individual has been convicted of a crime of violence or other felony. (c)

Reporting sexual predators

A local educational agency or State educational agency that receives information from an FBI background check that an individual who has applied for employment with such agency as a school employee is a sexual predator shall report to local law enforcement that such individual has so applied. (d)

Transportation

A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school bus driver if such individual has been convicted of, or pled guilty to, drunk driving or a serious moving violation.

4403.

Loss of Federal funds for failure to comply

(a)

State educational agencies

(1)

In general

If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for— (A)6 months or less, the Secretary shall withhold from such agency 50 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d); and (B)longer than 6 months but not longer than 12 months, the Secretary shall withhold from such agency 100 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d). (2)

Loss of title II administrative funds

If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for longer than 12 months, the Secretary shall withhold from such agency the amount of funds such agency has allocated for planning and administrative use under title II. (3)

Prohibition against reallocation

(A)

In general

A State educational agency that fails to take an action under this part or takes an action prohibited under this part as described in paragraph (1) or (2) may not reallocate Federal funds provided for teacher development under title II for planning and administrative use by the agency. (B)

Penalty

The Secretary shall withhold all Federal funds under title II to a State educational agency if such agency reallocates funds as prohibited under subparagraph (A) until such agency restores the funds for teacher development. (b)

Local educational agencies

If a local educational agency fails to take an action required under this part or takes an action prohibited under this part, the local educational agency shall not be eligible to receive a subgrant or any additional funds under section 2121.

. (b)

Conforming amendments

The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: Part D—Background checks for public school employees Sec. 4401. Definitions. Sec. 4402. Background checks for public school employees. Sec. 4403. Loss of Federal funds for failure to comply. .