[Congressional Record Volume 161, Number 41 (Wednesday, March 11, 2015)]
[Senate]
[Page S1441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 285. Mr. TOOMEY (for himself and Mr. Manchin) submitted an
amendment intended to be proposed by him to the bill S. 178, to provide
justice for the victims of trafficking; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
TITLE __--SCHOOL EMPLOYEE BACKGROUND CHECKS
SEC. __01. SHORT TITLE.
This title may be cited as the ``Protecting Students from
Sexual and Violent Predators Act''.
SEC. _02. BACKGROUND CHECKS.
(a) Background Checks.--Not later than 2 years after the
date of enactment of this Act, each State educational agency,
or local educational agency in the case of a local
educational agency designated under State law, 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) murder;
(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 State educational agency, or
local educational agency in the case of a local educational
agency designated under State law, that receives funds under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) shall be subject to a State or local law
(including regulations), or have a regulation or policy, that
prohibits the transfer, or facilitation of 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), but such fees shall
not exceed the actual costs for the processing and
administration of the criminal background check.
(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.
(3) Federal funds to supplement, not supplant, non-federal
funds.--A State educational agency or local educational
agency using Federal funds in accordance with paragraph (2)
shall use such Federal funds only to supplement the funds
that would, in the absence of such Federal funds, be made
available from non-Federal sources for the purposes of this
title, and not to supplant such funds.
(d) Prohibition.--Nothing in this title, or any other
Federal law, regulation, policy, or directive, shall
authorize the Secretary, or any other employee of the Federal
Government, to regulate, provide guidance, or otherwise
direct the State or local policies or procedures required
under this title.
(e) Definitions.--In this title:
(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 public
elementary school or public secondary school students; or
(B)(i) any person, or an employee of any person, who has a
contract or agreement to provide services with a public
elementary school, public 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 public elementary school or public secondary school
students.
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