,,ii #aacth ,,congress #ast ,session ,s4 #aaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bc 7legislative day1 ,january #c71 #bjac ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to require all public school employees and those employed in connection with a public school to receive ,,fbi background checks prior to being hired1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safety for ,our ,schoolchildren ,act of #bjac4 #b4 ,background checks for public school employees 7a7 ,in general ,title ,,iv of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaja et seq47 is amended by adding at the end the following3 ,d ,background checks for public school employees #ddja4 ,definitions 7a7 ,crime of violence ,the term crime of violence has the meaning given the term in section #ibd7;c77#c7 of title #ah1 ,united ,states ,code4 7b7 ,drunk driving ,the term drunk driving means driving while intoxicated or driving under the influence of alcohol4 7c7 ,,fbi background check ,the term ,,fbi background check means a criminal history background check as described in section #bca of the ,crime ,control ,act of #aiij 7#db ,u4,s4,c4 #acjda74 7d7 ,school employee ,the term school employee means-- 7#a7 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 students1 including administrators1 teachers1 substitute teachers1 custodians1 cafeteria workers1 and school bus drivers2 and 7#b7 an employee of a company1 or a subsidiary of a company1 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 students4 7e7 ,serious moving violation ,the term serious moving violation means a driving violation that is a felony1 as determined by ,state law4 7f7 ,sexual predator ,the term sexual predator means an individual #ah years of age or older who has been convicted of1 or pled guilty to1 a sexual offense against a minor4 #ddjb4 ,background checks for public school employees 7a7 ,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 individual4 7b7 ,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 felony4 7c7 ,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 applied4 7d7 ,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 of1 or pled guilty to1 drunk driving or a serious moving violation4 #ddjc4 ,loss of ,federal funds for failure to comply 7a7 ,state educational agencies 7#a7 ,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-- 7,a7 #f months or less1 the ,secretary shall withhold from such agency #ej percent of the amount of funds such agency has allocated for planning and administrative use under section #baac7;d72 and 7,b7 longer than #f months but not longer than #ab months1 the ,secretary shall withhold from such agency #ajj percent of the amount of funds such agency has allocated for planning and administrative use under section #baac7;d74 7#b7 ,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 #ab months1 the ,secretary shall withhold from such agency the amount of funds such agency has allocated for planning and administrative use under title ,,ii4 7#c7 ,prohibition against reallocation 7,a7 ,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 7#a7 or 7#b7 may not reallocate ,federal funds provided for teacher development under title ,,ii for planning and administrative use by the agency4 7,b7 ,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 7,a7 until such agency restores the funds for teacher development4 7b7 ,local educational agencies ,if a local educational agency fails to take an action required under this part or takes an action prohibited under this part1 the local educational agency shall not be eligible to receive a subgrant or any additional funds under section #baba4 4 7b7 ,conforming amendments ,the table of contents in section #b of the ,elementary and ,secondary ,education ,act of #aife is amended by inserting after the item relating to section #dcjd the following3 ,part ,d--,background checks for public school employees ,sec4 #ddja4 ,definitions4 ,sec4 #ddjb4 ,background checks for public school employees4 ,sec4 #ddjc4 ,loss of ,federal funds for failure to comply4 4