- Not enactedThe President has not signed this bill
- The senate has not voted
Senate Committee on Health, Education, Labor, and Pensions
- senate Committees
- The house has not voted
House Committee on Education and the WorkforceIntroducedDecember 17th, 2010
- house Committees
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Protecting Students from Sexual and Violent Predators Act
To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees.
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.