IIB 
113TH CONGRESS 
1ST SESSION H. R. 2083 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 28, 2013 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
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, 
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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— 
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(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 
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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 
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agency and the website of each local educational 
agency served by the State educational agency; and 
(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) TRANSFER PROHIBITION.—A local educational 
agency or State educational agency that receives funds 
under the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) may not knowingly transfer 
or facilitate the transfer of any school employee if the 
agency knows, or has substantive reason to believe, that 
such employee engaged in sexual misconduct with an ele-
mentary school or secondary school student. 
(c) FEES FOR BACKGROUND CHECKS.— 
(1) CHARGING OF FEES.—The Attorney Gen-
eral, State Attorney General, or other State law en-
forcement official may charge reasonable fees for 
conducting a criminal background check under sub-
section (a)(1). 
(2) ADMINISTRATIVE
FUNDS.—A local edu-
cational agency or State educational agency may use 
administrative funds received under the Elementary 
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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. 
(d) 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 9101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(2) SCHOOL EMPLOYEE.—The term ‘‘school em-
ployee’’ means— 
(A) an employee of, or a person seeking 
employment with, a local educational agency or 
State educational agency, and who, as a result 
of such employment, has (or will have) a job 
duty that results in unsupervised access to ele-
mentary school or secondary school students; or 
(B) any person, or an employee of any per-
son, who has a contract or agreement to provide 
services with an elementary school or secondary 
school, local educational agency, or State edu-
cational agency, and such person or employee, 
as a result of such contract or agreement, has 
a job duty that results in unsupervised access 
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