To ensure that States have policies or procedures that prohibit aiding or abetting of sexual abuse, and for other purposes.

SA 2094. Mr. TOOMEY (for himself, Mr. Manchin, Mr. Cotton, Mr.
McCain, Mr. Gardner, and Mr. Vitter) submitted an amendment intended to
be proposed to amendment SA 2089 submitted by Mr. Alexander (for
himself and Mrs. Murray) to the bill S. 1177, to reauthorize the
Elementary and Secondary Education Act of 1965 to ensure that every
child achieves; as follows:

At the end of title IX, add the following:

SEC. ____. PROTECTING CHILDREN FROM CHILDREN FROM CONVICTED
PEDOPHILES, CHILD MOLESTERS, AND OTHER SEX
OFFENDERS.

Title IX (20 U.S.C. 7801 et seq.), as amended by this
title, is further amended by adding at the end the following:

``PART H--SCHOOL EMPLOYEE BACKGROUND CHECKS

``SEC. 9651. SHORT TITLE.

``This part may be cited as the `Protecting Students from
Sexual and Violent Predators Act'.

``SEC. 9652. DEFINITION OF SCHOOL EMPLOYEE.

``In this part, the term `school employee' means--
``(1) a person who--
``(A) is an employee of, or is seeking employment with, an
elementary school, secondary school, local educational
agency, or State educational agency, that receives funds
under this Act; and
``(B) 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
``(2) a person, or an employee of a person, who--
``(A) has a contract or agreement to provide services with
an elementary school, secondary school, local educational
agency, or State educational agency, that receives funds
under this Act; and
``(B) as a result of such contract or agreement, the person
or employee, respectively, has a job duty that results in
unsupervised access to elementary school or secondary school
students.

``SEC. 9653. BACKGROUND CHECKS.

``(a) Background Checks.--Not later than 2 years after the
date of enactment of the Every Child Achieves Act of 2015,
each State educational agency, or each local educational
agency in any case where State law designates a local
educational agency to carry out the requirements of this
part, that receives funds under this Act shall, as a
condition of receiving such funds, 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 119 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) murder;
``(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) Fees for Background Checks.--
``(1) Charging of fees.--The Attorney General, attorney
general of a State, or other State law enforcement official
may charge reasonable fees for conducting a criminal
background check under subsection (a)(1), but such fees shall
not exceed the actual costs for the processing and
administration of the criminal background check.
``(2) Administrative funds.--A local educational agency or
State educational agency may use administrative funds
received under this Act to pay any reasonable fees charged
for conducting such criminal background check.

``PART I--BAN ON AIDING AND ABETTING CHILD SEXUAL ABUSE THROUGH
`PASSING THE TRASH'

``SEC. 9661. BAN ON AIDING AND ABETTING CHILD SEXUAL ABUSE
THROUGH `PASSING THE TRASH'.

``Each State or State educational agency, or each local
educational agency in any case where State law designates a
local educational agency to carry out the requirements of
this part, that receives funds under this Act shall, as a
condition of receiving such funds, have in effect laws,
regulations, or policies and procedures that prohibit any
agency or person from transferring, or facilitating the
transfer of, any school employee if the agency or person
knows, or recklessly disregards information showing, that
such school employee engaged in sexual misconduct with a
minor in violation of law.''.
______