Protecting Students from Sexual and Violent Predators Act

Bill: 113-hr-2083
Sponsor: Rep. Miller, George [D-CA-11]
Introduced: 2013-05-22 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
Domestic violence and child abuse
Education programs funding
Elementary and secondary education
Employment discrimination and employee rights
Fraud offenses and financial crimes
Government information and archives
Personnel records
Pornography
School administration
Sex offenses
State and local government operations
Teaching, teachers, curricula
User charges and fees
Violent crime

Summary:
action_date: 2013-05-22
text: 
Protecting Students from Sexual and Violent Predators Act - Amends the Elementary and Secondary Education Act of 1965 to require each state educational agency (SEA) that receives funds under that Act to: (1) require criminal background checks for each school employee that include searches of the criminal registry or repository for each state in which the employee has resided, the child abuse and neglect registries and databases of such states, the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI), and the National Sex Offender Registry; (2) prohibit the employment of an individual who refuses to consent to, or who makes false statements in connection with, a background check or who has been convicted of one of specified felonies or of a violent or sexual crime against a minor; (3) require an SEA or a local educational agency to report to local law enforcement whenever background check information indicates that a sexual predator has applied for employment; (4) require background checks to be repeated or updated in accordance with state law or local educational policy but not less than every five years; and (5) provide each school employee who has had a background check with a copy of, and a timely process to appeal, the results.
 
Allows an SEA to maintain an inventory of all the information from background checks conducted on school employees in the state.

action_date: 2013-10-22
text: 
. 
 
Protecting Students from Sexual and Violent Predators Act - Requires states that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA) to: 
 
 
 require criminal background checks for each school employee that include searches of the criminal registry or repository of the state in which the employee resides, the child abuse and neglect registries and databases of that state, the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI), and the National Sex Offender Registry; 
 
 prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified felonies or of a violent or sexual crime against a minor; 
 
 require background checks to be periodically repeated or updated in accordance with state law or the policies of the state's local educational agencies (LEAs); 
 
 provide school employees who have had a background check with a copy of the background check if they request one and a timely process to appeal the results of the background check if it blocks their service as a school employee;
 
ensure that such policies and procedures are published on state and LEA websites; and
 
allow an LEA to share the results of a recent background check on a school employee with another LEA that is considering that individual for employment.
 
 
Prohibits states and LEAs from knowingly transferring or facilitating the transfer of any school employee if they know, or have substantive reason to believe, that such employee engaged in sexual misconduct with an elementary or secondary school student. 
Allows: (1) the Attorney General and state law enforcement officials to charge reasonable fees for conducting the background checks, and (2) states and LEAs to use ESEA administrative funds to pay such fees.


Legislative actions:
action_date: 2013-10-28
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2013-10-22
text: The title of the measure was amended. Agreed to without objection.
action_date: 2013-10-22
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6647-6648)
action_date: 2013-10-22
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6647-6648)
action_date: 2013-10-22
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2083.
action_date: 2013-10-22
text: Considered under suspension of the rules. (consideration: CR H6647-6651)
action_date: 2013-10-22
text: Mr. Rokita moved to suspend the rules and pass the bill, as amended.
action_date: 2013-07-08
text: Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
action_date: 2013-05-22
text: Referred to the House Committee on Education and the Workforce.
action_date: 2013-05-22
text: Introduced in House
action_date: 2013-05-22
text: Introduced in House