,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bjhc  ,,in ,,the ,,house ,,of  
,,representatives  ,may #bb1 #bjac ,mr4 
,george ,miller of ,california 7for     
himself1 ,ms4 ,wilson of ,florida1 ,mr4 
,rangel1 ,ms4 ,slaughter1 and ,mrs4     
,mc,carthy of ,new ,york7 introduced the
 following bill2 which was referred to  
the ,committee on ,education and the    
,workforce  ,a ,,bill  ,to amend the    
,elementary and ,secondary ,education   
,act of #aife to require criminal       
background checks for school employees4 
#a4 ,short title ,this ,act may be cited
 as the ,protecting ,students from      
,sexual and ,violent ,predators ,act4   
#b4 ,background checks ,subpart #b of   
part ,e of title ,,ix of the ,elementary
 and ,secondary ,education ,act of #aife
 7#bj ,u4,s4,c4 #gija et seq47 is       
amended by adding at the end the        
following3  #iecg4 ,background checks   
7a7 ,background checks ,each ,state     
educational agency that receives funds  
under this ,act shall have in effect    

policies and procedures that--  7#a7    
require that criminal background checks 
be conducted for each school employee   
that include--  7,a7 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    
resided2  7,b7 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 
resided2  7,c7 a ,federal ,bureau of    
,investigation fingerprint check using  
the ,integrated ,automated ,fingerprint 
,identification ,system2 and  7,d7 a    
search of the ,national ,sex ,offender  
,registry established under section #ai 
of the ,adam ,walsh ,child ,protection  
and ,safety ,act of #bjjf 7#db ,u4,s4,c4
 #afiai72  7#b7 prohibit the employment 
of an individual as a school employee if
 such individual--  7,a7 refuses to     
consent to a criminal background check  

under paragraph 7#a72  7,b7 makes a     
false statement in connection with such 
criminal background check2  7,c7 has    
been convicted of a felony consisting   
of--  7i7 homicide2  7ii7 child abuse or
 neglect2  7iii7 a crime against        
children1 including child pornography2  
7iv7 spousal abuse2  7v7 a crime        
involving rape or sexual assault2  7vi7 
kidnapping2  7vii7 arson2 or  7viii7    
physical assault1 battery1 or a         
drug-related offense1 committed within  
#e years of the completion of such      
individual's criminal background check  
under paragraph 7#a72 or  7,d7 has been 
convicted of any other crime that is a  
violent or sexual crime against a minor2
  7#c7 require that a local educational 
agency or ,state educational agency that
 receives information from a criminal   
background check conducted paragraph    
7#a7 that an individual who has applied 
for employment as a school employee with
 such agency is a sexual predator1      
report to local law enforcement that    

such individual has so applied2  7#d7   
require that criminal background checks 
conducted under paragraph 7#a7 be       
periodically repeated or updated in     
accordance with ,state law or local     
educational policy1 but not less than   
once every #e years2  7#e7 require that 
each school employee who has had a      
criminal background check under         
paragraph 7#a7 be provided with a copy  
of the background check2 and  7#f7      
provide for a timely process by which a 
school employee may appeal1 but which   
does not permit the school employee to  
be employed as a school employee during 
such appeal1 the results of a criminal  
background check conducted under        
paragraph 7#a7 to--  7,a7 challenge the 
accuracy or completeness of the         
information produced by such background 
check2 and  7,b7 seek appropriate relief
 for any final employment decision based
 on materially inaccurate or incomplete 
information produced by such background 
check4  7b7 ,inventory authorized ,a    

,state educational agency may maintain  
an inventory of all the information from
 criminal background checks conducted   
under subsection 7a77#a7 on school      
employees in the ,state4  7c7           
,definitions ,in this section3  7#a7    
,school ,employee ,the term school      
employee means--  7,a7 an employee of1  
or a person seeking employment with1 a  
local educational agency or ,state      
educational agency1 and who has a job   
duty that results in access to students2
 or  7,b7 an employee of1 or a person   
seeking employment with1 a for-profit or
 nonprofit entity1 or local public      
agency1 that has a contract or agreement
 to provide services with a school1     
local educational agency1 or ,state     
educational agency1 and whose job duty--
  7i7 is to provide such services2 and  
7ii7 results in access to students4     
7#b7 ,sexual ,predator ,the term sexual 
predator means a person #ah years of age
 or older who has been convicted of1 or 
pled guilty to1 a sexual offense against

 a minor4  4  #c4 ,conforming amendment 
,section #b of the ,elementary and      
,secondary ,education ,act of #aife is  
amended by adding after the item        
relating to section #iecf the following3
  ,sec4 #iecg4 ,background checks4  4