I 
111TH CONGRESS 
1ST SESSION 
H. R. 781 
To develop a national system of oversight of States for sexual misconduct 
in the elementary and secondary school system. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2009 
Mr. PUTNAM (for himself and Mr. LEE of New York) introduced the following 
bill; which was referred to the Committee on Education and Labor 
A BILL 
To develop a national system of oversight of States for 
sexual misconduct in the elementary and secondary 
school system. 
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 ‘‘Student Protection 
Act’’. 
SEC. 2. STATE OVERSIGHT SYSTEMS. 
(a) SYSTEMS REQUIRED.—For fiscal year 2012 and 
each fiscal year thereafter, each State shall have in effect 
laws and policies that, as determined by the Secretary of 
Education, ensure the following: 
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(1) Whenever an individual who is an eligible 
employee has reason to believe that an incident has 
occurred in which an eligible employee has com-
mitted an act of sexual misconduct against a stu-
dent, the individual makes a report of that incident 
to the State consistent with the State’s laws and 
policies regarding reporting of child abuse and ne-
glect or, in the case of a State that does not have 
laws and policies regarding the reporting of child 
abuse and neglect, as quickly as practicable. 
(2) If an individual described in paragraph (1) 
fails to comply with State laws and policies ref-
erenced in paragraph (1), such individual is dis-
ciplined. 
(3) The State has a single, statewide commis-
sion for receiving and documenting all reports made 
under paragraph (1). 
(4) The commission required by paragraph 
(3)— 
(A) has policies for investigating and re-
porting such incidents; and 
(B) has a toll-free number that can be 
used anonymously to make reports under para-
graph (1). 
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(5) Each incident with respect to which a re-
port is made under paragraph (1) is investigated by 
individuals who have received training in inves-
tigating such incidents. 
(6) The identification and last known address 
of an eligible employee, the reason for the termi-
nation, punishment, fines, or sanctions are provided 
to the Secretary of Education whenever an eligible 
employee is— 
(A) terminated from association with the 
State educational agency, local educational 
agency, public school, or private school, on the 
basis of an act of sexual misconduct against a 
student; or 
(B) punished, fined, or sanctioned by any 
level of State government on the basis of an act 
of sexual misconduct against a student. 
(b) NONCOMPLIANCE.—If a State does not comply 
with subsection (a) for a fiscal year, the Secretary of Edu-
cation may reduce by not more than 5 percent the 
amounts the State would otherwise be allocated or award-
ed, or both, under the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.). Amounts 
not allocated or awarded to a State for failure to comply 
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with subsection (a) shall be allocated or awarded (as the 
case may be) to States that do comply with subsection (a). 
SEC. 3. NATIONAL DATABASE. 
(a) IN GENERAL.—The Secretary of Education shall 
maintain a national database of incidents that have oc-
curred in which an eligible employee is— 
(1) terminated from association with a State 
educational agency, local educational agency, public 
school, or private school, on the basis of an act of 
sexual misconduct against a student; or 
(2) punished, fined, or sanctioned by any level 
of State government on the basis of an act of sexual 
misconduct against a student. 
(b) INCLUDE EVERY DETAIL AND AVAILABILITY.— 
The database shall include, at a minimum, every detail 
provided by a State under section 2, and shall be available 
to the public. 
SEC. 4. REPORT. 
The Secretary of Education shall, on an annual basis, 
submit to Congress a report on the activities carried out 
under this Act. The report shall identify each State that 
is in compliance, and each State that is not in compliance, 
with section 2(a). 
SEC. 5. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘eligible employee’’ means any in-
dividual who works for, or is employed by, a State 
educational agency, local educational agency, public 
school, or private school. 
(2) The term ‘‘act of sexual misconduct’’ means 
any sexual offense, sexual assault, sexual overture, 
or sexual communication. 
Æ 
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