[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 474

 To require State educational agencies that receive funding under the 
   Elementary and Secondary Education Act of 1965 to have in effect 
   policies and procedures on background checks for school employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2015

 Mr. Toomey (for himself, Mr. Manchin, and Mrs. Capito) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To require State educational agencies that receive funding under the 
   Elementary and Secondary Education Act of 1965 to have in effect 
   policies and procedures on background checks for school employees.

    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 ``Protecting Students from Sexual and 
Violent Predators Act''.

SEC. 2. BACKGROUND CHECKS.

    (a) Background Checks.--Not later than 2 years after the date of 
enactment of this Act, each State educational agency that receives 
funds under the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) shall have in effect policies and procedures 
that--
            (1) require that a criminal background check be conducted 
        for each school employee that includes--
                    (A) a search of the State criminal registry or 
                repository of the State in which the school employee 
                resides;
                    (B) a search of State-based child abuse and neglect 
                registries and databases of the State in which the 
                school employee resides;
                    (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 119 of the Adam Walsh Child 
                Protection and Safety Act of 2006 (42 U.S.C. 16919);
            (2) prohibit the employment of a school employee as a 
        school employee if such employee--
                    (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 on or after the 
                        date that is 5 years before the date of such 
                        employee'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 each criminal background check conducted 
        under paragraph (1) be periodically repeated or updated in 
        accordance with State law or the policies of local educational 
        agencies served by the State educational agency;
            (4) upon request, provide each school employee who has had 
        a criminal background check under paragraph (1) with a copy of 
        the results of the criminal background check;
            (5) provide for a timely process, by which a school 
        employee may appeal, but which does not permit the employee to 
        be employed as a school employee during such appeal, the 
        results of a criminal background check conducted under 
        paragraph (1) which prohibit the employee from being employed 
        as a school employee under paragraph (2) to--
                    (A) challenge the accuracy or completeness of the 
                information produced by such criminal background check; 
                and
                    (B) establish or reestablish eligibility to be 
                hired or reinstated as a school employee by 
                demonstrating that the information is materially 
                inaccurate or incomplete, and has been corrected;
            (6) ensure that such policies and procedures are published 
        on the website of the State educational agency and the website 
        of each local educational agency served by the State 
        educational agency; and
            (7) allow a local educational agency to share the results 
        of a school employee's criminal background check recently 
        conducted under paragraph (1) with another local educational 
        agency that is considering such school employee for employment 
        as a school employee.
    (b) Transfer Prohibition.--A local educational agency or State 
educational agency that receives funds under the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) may not 
knowingly transfer or facilitate the transfer of any school employee if 
the agency knows, or has substantive reason to believe, that such 
employee engaged in sexual misconduct with an elementary school or 
secondary school student.
    (c) Fees for Background Checks.--
            (1) Charging of fees.--The Attorney General, attorney 
        general of a State, or other State law enforcement official may 
        charge reasonable fees for conducting a criminal background 
        check under subsection (a)(1).
            (2) Administrative funds.--A local educational agency or 
        State educational agency may use administrative funds received 
        under the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.) to pay any reasonable fees charged for 
        conducting such criminal background check.
    (d) Definitions.--In this Act:
            (1) In general.--The terms ``elementary school'', 
        ``secondary school'', ``local educational agency'', ``State'', 
        and ``State educational agency'' have the meanings given the 
        terms in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (2) School employee.--The term ``school employee'' means--
                    (A) a person who--
                            (i) is an employee of, or is seeking 
                        employment with, a local educational agency, or 
                        State educational agency, that receives Federal 
                        funds under the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6301 et seq.); 
                        and
                            (ii) as a result of such employment, has 
                        (or will have) a job duty that results in 
                        unsupervised access to elementary school or 
                        secondary school students; or
                    (B)(i) any person, or an employee of any person, 
                who has a contract or agreement to provide services 
                with an elementary school, secondary school, local 
                educational agency, or State educational agency, that 
                receives Federal funds under the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6301 et 
                seq.); and
                    (ii) such person or employee, as a result of such 
                contract or agreement, has a job duty that results in 
                unsupervised access to elementary school or secondary 
                school students.
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