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.

SECTION 1. SHORT TITLE.

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

SEC. 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:

        ``PART D--BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES

``SEC. 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.

``SEC. 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.

``SEC. 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.''.

Summary: Safety for Our Schoolchildren Act of 2008 - Requires states and local educational agencies (LEAs) to: (1) obtain an FBI background check on individuals prior to offering them employment as school employees. And (2) if the check identifies them as sexual predators, report their application to local law enforcement. Prohibits states or LEAs from hiring individuals as: (1) school employees if they have been convicted of a crime of violence or other felony. Or (2) school bus drivers if they have been convicted of, or pled guilty to, drunk driving or a serious moving violation. Withholds funds available to states for planning and administration and to LEAs as subgrants under part A of title II of the Elementary and Secondary Education Act of 1965, if they violate such prohibitions or fail to take such actions.