‘‘(D) a Federal Bureau of Investigation 
fingerprint check using the Integrated Auto-
mated Fingerprint Identification System; and 
‘‘(E) 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 school employ-
ees for a position as a school employee if such indi-
vidual— 
‘‘(A) refuses to consent to the criminal 
background check described in 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 the 
past 5 years; 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 
from a criminal background check conducted under 
this section that an individual who has applied for 
employment with such agency as a school employee 
is a sexual predator report to local law enforcement 
that such individual has so applied; 
‘‘(4) require that the criminal background 
checks described in paragraph (1) be periodically re-
peated; and 
‘‘(5) provide for a timely process by which a 
school employee may appeal the results of a criminal 
background check conducted under this section to 
challenge the accuracy or completeness of the infor-
mation produced by such background check and seek 
appropriate relief for any final employment decision 
based on materially inaccurate or incomplete infor-
mation produced by such background check, but
that does not permit the school employee to be em-
ployed as a school employee during such process. 
‘‘(b) 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 exposure 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 exposure 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.’’.
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.’’. 
Passed the House of Representatives December 21, 
2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 6547 
AN ACT 
To amend the Elementary and Secondary Edu-
cation Act of 1965 to require criminal back-
ground checks for school employees.