S 1586 ISCommentsClose CommentsPermalink

To require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes.CommentsClose CommentsPermalink

August 6, 2009CommentsClose CommentsPermalink

Mr. VITTER introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

To require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safety for Our Schoolchildren Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES.

(a) In General- Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘PART D--BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES

‘SEC. 4401. DEFINITIONS.

‘(a) Crime of Violence- The term ‘crime of violence’ has the meaning given the term in section 924(c)(3) of title 18, United States Code.CommentsClose CommentsPermalink





‘(b) Drunk Driving- The term ‘drunk driving’ means driving while intoxicated or driving under the influence of alcohol.CommentsClose CommentsPermalink





‘(c) FBI Background Check- The term ‘FBI background check’ means a criminal history background check as described in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041).CommentsClose CommentsPermalink





‘(d) School Employee- The term ‘school employee’ means--CommentsClose CommentsPermalink





‘(1) an employee of a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students, including administrators, teachers, substitute teachers, custodians, cafeteria workers, and school bus drivers; andCommentsClose CommentsPermalink





‘(2) an employee of a company, or a subsidiary of a company, that has a contract with a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students.CommentsClose CommentsPermalink





‘(e) Serious Moving Violation- The term ‘serious moving violation’ means a felonious driving violation, as determined by State law.CommentsClose CommentsPermalink





‘(f) Sexual Predator- The term ‘sexual predator’ means an individual 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.CommentsClose CommentsPermalink

‘SEC. 4402. BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES.

‘(a) In General- A local educational agency or State educational agency that receives Federal funds shall obtain an FBI background check on an individual prior to making an offer of employment as a school employee with such agency to such individual.CommentsClose CommentsPermalink





‘(b) Prohibition Against Employment of Felons or Violent Criminals- A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school employee with such agency if such individual has been convicted of a crime of violence or other felony.CommentsClose CommentsPermalink





‘(c) Reporting Sexual Predators- A local educational agency or State educational agency that receives information from an FBI background check that an individual who has applied for employment with such agency as a school employee is a sexual predator shall report to local law enforcement that such individual has so applied.CommentsClose CommentsPermalink





‘(d) Transportation- A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school bus driver if such individual has been convicted of, or pled guilty to, drunk driving or a serious moving violation.CommentsClose CommentsPermalink

‘SEC. 4403. LOSS OF FEDERAL FUNDS FOR FAILURE TO COMPLY.

‘(a) State Educational Agencies-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for--CommentsClose CommentsPermalink





‘(A) 6 months or less, the Secretary shall withhold from such agency 50 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d); andCommentsClose CommentsPermalink





‘(B) longer than 6 months but not longer than 12 months, the Secretary shall withhold from such agency 100 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d).CommentsClose CommentsPermalink





‘(2) LOSS OF TITLE II ADMINISTRATIVE FUNDS- If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for longer than 12 months, the Secretary shall withhold from such agency the amount of funds such agency has allocated for planning and administrative use under title II.CommentsClose CommentsPermalink





‘(3) PROHIBITION AGAINST REALLOCATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A State educational agency that fails to take an action under this part or takes an action prohibited under this part as described in paragraph (1) or (2) may not reallocate Federal funds provided for teacher development under title II for planning and administrative use by the agency.CommentsClose CommentsPermalink





‘(B) PENALTY- The Secretary shall withhold all Federal funds under title II to a State educational agency if such agency reallocates funds as prohibited under subparagraph (A) until such agency restores the funds for teacher development.CommentsClose CommentsPermalink





‘(b) Local Educational Agencies- If a local educational agency fails to take an action required under this part or takes an action prohibited under this part, the local educational agency shall not be eligible to receive a subgrant or any additional funds under section 2121.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following:CommentsClose CommentsPermalink

‘Part D--Background Checks for Public School Employees

‘Sec. 4401. Definitions.CommentsClose CommentsPermalink





‘Sec. 4402. Background checks for public school employees.CommentsClose CommentsPermalink





‘Sec. 4403. Loss of Federal funds for failure to comply.’.CommentsClose CommentsPermalink