Protecting Students from Sexual and Violent Predators Act

Bill: 111-hr-6547
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2010-12-17 in the House
Policy area: Education
Subjects: Administrative remedies
Assault and harassment offenses
Child safety and welfare
Crimes against children
Criminal justice information and records
Education programs funding
Elementary and secondary education
Employment discrimination and employee rights
Government information and archives
School administration
Sex offenses
State and local government operations
Teaching, teachers, curricula
Violent crime

Summary:
action_date: 2010-12-17
text: 
Protecting Students from Sexual and Violent Predators Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving funds under that Act to have in effect policies and procedures that: (1) require criminal background checks for school employees, including searches of state criminal registries or repositories, state-based child abuse and neglect registries and databases, the National Crime Information Center of the Department of Justice, the National Sex Offender Registry, and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI); and (2) prohibit the employment of school employees who refuse to consent to a criminal background check, make false statements in connection with one, or have been convicted of one of a list of felonies.
 
Requires local educational agencies (LEAs) or state educational agencies (SEAs) to report to local law enforcement any applicants for school employment who are discovered to be sexual predators.
 
Requires periodic repetitions of such criminal background checks.
 
Requires such states to provide for a timely process under which school employees may: (1) appeal the results of a criminal background check to challenge the accuracy or completeness of the information produced; and (2) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced. Requires this appeals process, however, to deny the individual employment as a school employee during the process.

action_date: 2010-12-21
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Protecting Students from Sexual and Violent Predators Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving funds under that Act to have in effect policies and procedures that: (1) require criminal background checks for school employees, including searches of state criminal registries or repositories, state-based child abuse and neglect registries and databases, the National Crime Information Center of the Department of Justice, the National Sex Offender Registry, and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI); and (2) prohibit the employment of school employees who refuse to consent to a criminal background check, make false statements in connection with one, or have been convicted of one of a list of felonies or any other crime that is a violent or sexual crime against a child.
 
Lists those felonies as: (1) homicide; (2) child abuse or neglect; (3) crimes against children; (4) spousal abuse; (5) crimes involving rape or sexual assault; (6) kidnapping; (7) arson; and (8) physical assault, battery, or drug-related offenses, committed within the past five years.
 
Requires local educational agencies (LEAs) or state educational agencies (SEAs) to report to local law enforcement any applicants for school employment who are discovered to be sexual predators.
 
Requires periodic repetitions of such criminal background checks.
 
Requires such states to provide for a timely process under which school employees may: (1) appeal the results of a criminal background check to challenge the accuracy or completeness of the information produced; and (2) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced. Requires this appeals process, however, to deny the individual employment as a school employee during the process.


Legislative actions:
action_date: 2010-12-22
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2010-12-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-12-21
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 314 - 20 (Roll no. 663). (text: CR H8801)
action_date: 2010-12-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 314 - 20 (Roll no. 663).(text: CR H8801)
action_date: 2010-12-21
text: Considered as unfinished business. (consideration: CR H8915)
action_date: 2010-12-21
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2010-12-21
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6547.
action_date: 2010-12-21
text: Considered under suspension of the rules. (consideration: CR H8801-8802)
action_date: 2010-12-21
text: Mr. Miller, George moved to suspend the rules and pass the bill.
action_date: 2010-12-17
text: Referred to the House Committee on Education and Labor.
action_date: 2010-12-17
text: Introduced in House
action_date: 2010-12-17
text: Introduced in House