1.This Act may be cited at the
Protecting Students from Sexual and
Violent Predators Act
.
2.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.
(a)Each State that receives funds under this Act shall have
in effect policies and procedures that—
(1)require that
criminal background checks be conducted for school employees 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 such 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 such school employee
previously resided;
(C)a search of the
National Crime Information Center of the Department of Justice;
(D)a Federal Bureau
of Investigation fingerprint check using the Integrated Automated Fingerprint
Identification System; and
(E)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 school employees for a position as a school employee if such
individual—
(A)refuses to consent
to the criminal background check described in
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 the past 5 years;
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 under this section that an
individual who has applied for employment with such agency as a school employee
is a sexual predator report to local law enforcement that such individual has
so applied;
(4)require that the
criminal background checks described in
paragraph (1) be periodically
repeated; and
(5)provide for a timely process by which a
school employee may appeal the results of a criminal background check conducted
under this section to challenge the accuracy or completeness of the information
produced by such background check and seek appropriate relief for any final
employment decision based on materially inaccurate or incomplete information
produced by such background check, but that does not permit the school employee
to be employed as a school employee during such process.
(b)In this section:
(1)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 exposure 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
exposure to students.
(2)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.
.
3.Section 2 of the
Elementary and Secondary Education Act of 1965 is amended by adding after the
item relating to section 9536 the following:
Sec. 9537. Background
checks.
.
Passed the House of
Representatives December 21, 2010.
Lorraine C. Miller,
Clerk.