I 
114TH CONGRESS 
2D SESSION 
H. R. 4666 
To require State educational agencies that receive funding under the Elemen-
tary and Secondary Education Act of 1965 to have in effect policies 
and procedures on background checks for school employees. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2016 
Mrs. BLACKBURN introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
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-
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(B) makes a false statement in connection 
with such criminal background check; 
(C) has been convicted of a felony con-
sisting of— 
(i) murder; 
(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 
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(7) allow a local educational agency to share 
the results of a school employee’s criminal back-
ground check recently conducted under paragraph 
(1) with another local educational agency that is 
considering such school employee for employment as 
a school employee. 
(b) FEES FOR BACKGROUND CHECKS.— 
(1) CHARGING OF FEES.—The Attorney Gen-
eral, attorney general of a State, or other State law 
enforcement official may charge reasonable fees for 
conducting a criminal background check under sub-
section (a)(1), but such fees shall not exceed the ac-
tual costs for the processing and administration of 
the criminal background check. 
(2) ADMINISTRATIVE
FUNDS.—A local edu-
cational 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. 
(c) DEFINITIONS.—In this Act: 
(1) IN
GENERAL.—The terms ‘‘elementary 
school’’, ‘‘secondary school’’, ‘‘local educational agen-
cy’’, ‘‘State’’, and ‘‘State educational agency’’ have 
the meanings given the terms in section 8101 of the 
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Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(2) SCHOOL EMPLOYEE.—The term ‘‘school em-
ployee’’ means— 
(A) a person who— 
(i) is an employee of, or is seeking 
employment with, a local educational agen-
cy, or State educational agency, that re-
ceives 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 elementary 
school or secondary school students; or 
(B)(i) any person, or an employee of any 
person, who has a contract or agreement to 
provide services with an elementary school, sec-
ondary 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 
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results in unsupervised access to elementary 
school or secondary school students. 
Æ 
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