Protecting Students from Sexual and Violent Predators Act

Bill: 113-hr-2083
Sponsor: full_name: Rep. Miller, George [D-CA-11]
Introduced: 2013-05-22
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
Latest action: action_date: 2013-10-28
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2013-05-22
action_desc: Introduced in House
text: <p>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.</p> <p>Allows an SEA to maintain an inventory of all the information from background checks conducted on school employees in the state.</p>

action_date: 2013-10-22
action_desc: Passed House amended
text: <p>. </p> <p>Protecting Students from Sexual and Violent Predators Act - Requires states that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA) to: </p> <ul> <li> 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; </li> <li> 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; </li> <li> 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); </li> <li> 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;</li> <li>ensure that such policies and procedures are published on state and LEA websites; and</li> <li>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.</li> </ul> <p>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. <p>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.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2083 IN THE HOUSE OF REPRESENTATIVES May 22, 2013 Mr. George Miller of California (for himself, Ms. Wilson of Florida , Mr. Rangel , Ms. Slaughter , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees.

1. Short title This Act may be cited as the Protecting Students from Sexual and Violent Predators Act . 2. Background checks Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: 9537. Background checks (a) Background checks Each State educational agency that receives funds under this Act shall have in effect policies and procedures that— (1) require that criminal background checks be conducted for each school employee that include— (A) a search of the State criminal registry or repository in the State in which the school employee resides and each State in which the school employee previously resided; (B) a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which the school employee previously resided; (C) a Federal Bureau of Investigation fingerprint 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 an individual as a school employee if such individual— (A) refuses to consent to a criminal background check under paragraph (1) ; (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including 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 5 years of the completion of such individual’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 a local educational agency or State educational agency that receives information from a criminal background check conducted paragraph (1) that an individual who has applied for employment as a school employee with such agency is a sexual predator, report to local law enforcement that such individual has so applied; (4) require that criminal background checks conducted under paragraph (1) be periodically repeated or updated in accordance with State law or local educational policy, but not less than once every 5 years; (5) require that each school employee who has had a criminal background check under paragraph (1) be provided with a copy of the background check; and (6) provide for a timely process by which a school employee may appeal, but which does not permit the school employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) to— (A) challenge the accuracy or completeness of the information produced by such background check; and (B) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. (b) Inventory authorized A State educational agency may maintain an inventory of all the information from criminal background checks conducted under subsection (a)(1) on school employees in the State. (c) 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 access to students; or (B) an employee of, or a person seeking employment with, a for-profit or nonprofit entity, 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 access 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. . 3. Conforming amendment Section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 9536 the following: Sec. 9537. Background checks. .

tv_txt: I 113th CONGRESS 1st Session H. R. 2083 IN THE HOUSE OF REPRESENTATIVES 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 background checks for school employees.

1. Short title This Act may be cited as the Protecting Students from Sexual and Violent Predators Act . 2. Background checks (a) Background checks Not later than 2 years after the date of enactment of this Act, each State educational 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 fingerprint 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 employee as a school employee if such employee— (A) refuses to consent to a criminal background check under paragraph (1) ; (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including 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 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 permit the employee to be employed as a school employee 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 materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational 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 background 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 elementary school or secondary school student. (c) Fees for background checks (1) Charging of fees The Attorney General, State Attorney General, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1). (2) Administrative funds A local educational agency or State educational agency may use administrative funds received under the Elementary 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 agency , 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 employee 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 elementary school or secondary school students; or (B) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school or secondary school, local educational agency, or State educational agency, and such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Passed the House of Representatives October 22, 2013. Karen L. Haas, Clerk.

tv_txt: 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 background checks for school employees.

1. Short title This Act may be cited as the Protecting Students from Sexual and Violent Predators Act . 2. Background checks (a) Background checks Not later than 2 years after the date of enactment of this Act, each State educational 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 fingerprint 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 employee as a school employee if such employee— (A) refuses to consent to a criminal background check under paragraph (1) ; (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including 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 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 permit the employee to be employed as a school employee 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 materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational 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 background 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 elementary school or secondary school student. (c) Fees for background checks (1) Charging of fees The Attorney General, State Attorney General, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1). (2) Administrative funds A local educational agency or State educational agency may use administrative funds received under the Elementary 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 agency , 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 employee 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 elementary school or secondary school students; or (B) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school or secondary school, local educational agency, or State educational agency, and such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Passed the House of Representatives October 22, 2013. Karen L. Haas, Clerk