‘‘SEC. 9537. BACKGROUND CHECKS. 
‘‘(a) BACKGROUND
CHECKS.—Each State edu-
cational agency that receives funds under this Act shall 
have in effect policies and procedures that— 
‘‘(1) require that criminal background checks 
be conducted for each school employee that in-
clude— 
‘‘(A) a search of the State criminal reg-
istry or repository in the State in which the 
school employee resides and each State in which 
the 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 the school employee pre-
viously resided; 
‘‘(C) a Federal Bureau of Investigation 
fingerprint check using the Integrated Auto-
mated Fingerprint Identification System; and 
‘‘(D) a search of the National Sex Of-
fender 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 an individual 
as a school employee if such individual— 
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‘‘(A) refuses to consent to a criminal back-
ground check under paragraph (1); 
‘‘(B) makes a false statement in connec-
tion with such criminal background check; 
‘‘(C) has been convicted of a felony con-
sisting of— 
‘‘(i) homicide; 
‘‘(ii) child abuse or neglect; 
‘‘(iii) a crime against children, includ-
ing 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 5 
years of the completion of such individual’s 
criminal background check under para-
graph (1); 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 
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from a criminal background check conducted para-
graph (1) that an individual who has applied for em-
ployment as a school employee with such agency is 
a sexual predator, report to local law enforcement 
that such individual has so applied; 
‘‘(4) require that criminal background checks 
conducted under paragraph (1) be periodically re-
peated or updated in accordance with State law or 
local educational policy, but not less than once every 
5 years; 
‘‘(5) require that each school employee who has 
had a criminal background check under paragraph 
(1) be provided with a copy of the background 
check; and 
‘‘(6) provide for a timely process by which a 
school employee may appeal, but which does not per-
mit the school employee to be employed as a school 
employee during such appeal, the results of a crimi-
nal background check conducted under paragraph 
(1) to— 
‘‘(A) challenge the accuracy or complete-
ness of the information produced by such back-
ground check; and 
‘‘(B) seek appropriate relief for any final 
employment decision based on materially inac-
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curate or incomplete information produced by 
such background check. 
‘‘(b) INVENTORY AUTHORIZED.—A State educational 
agency may maintain an inventory of all the information 
from criminal background checks conducted under sub-
section (a)(1) on school employees in the State. 
‘‘(c) 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 access to students; or 
‘‘(B) an employee of, or a person seeking 
employment with, a for-profit or nonprofit enti-
ty, 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 access 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.’’. 
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SEC. 3. CONFORMING AMENDMENT. 
Section 2 of the Elementary and Secondary Edu-
cation Act of 1965 is amended by adding after the item 
relating to section 9536 the following: 
‘‘Sec. 9537. Background checks.’’. 
Æ 
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