113TH CONGRESS 
1ST SESSION H. R. 2083 
AN ACT 
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 back-
ground checks for school employees. 
Be it enacted by the Senate and House of Representa-
tives 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 edu-
cational 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 fin-
gerprint check using the Integrated Automated 
Fingerprint Identification System; and 
(D) 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 a school em-
ployee as a school employee if such employee—
(A) refuses to consent to a criminal back-
ground check under paragraph (1); 
(B) makes a false statement in connection 
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 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 per-
mit the employee to be employed as a school em-
ployee 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 materi-
ally inaccurate or incomplete, and has been cor-
rected; 
(6) ensure that such policies and procedures are 
published on the website of the State educational
to elementary school or secondary school stu-
dents. 
Passed the House of Representatives October 22, 
2013. 
Attest: 
Clerk.
113TH CONGRESS 
1ST SESSION 
H. R. 2083 
AN ACT 
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.