Text: H.R.6547 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Referred in Senate (12/22/2010)


111th CONGRESS
2d Session
H. R. 6547

IN THE SENATE OF THE UNITED STATES
December 22, 2010

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions


AN ACT

To amend the Elementary and Secondary Education Act of 1965 to require criminal 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 at the “Protecting Students from Sexual and Violent Predators Act”.

SEC. 2. Background checks.

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:

“SEC. 9537. Background checks.

“(a) Background checks.—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) Definitions.—In this section:

“(1) SCHOOL EMPLOYEE.—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) SEXUAL PREDATOR.—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.”.

SEC. 3. Conforming amendment.

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.

Attest: lorraine c. miller,   
Clerk.