SEC. 8038.

PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE

Section Summary

ESSA

SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

Subpart 2 of part F of title VIII, as amended and redesignated by

section 8001 of this Act, is further amended by adding at the end the

following:

``SEC. 8546. <<NOTE: 20 USC 7926.>> PROHIBITION ON AIDING AND

ABETTING SEXUAL ABUSE.

``(a) In General.--A State, State educational agency, or local

educational agency in the case of a local educational agency that

receives Federal funds under this Act shall have laws, regulations, or

policies that prohibit any individual who is a school employee,

contractor, or agent, or any State educational agency or local

educational agency, from assisting a school employee, contractor, or

agent in obtaining a new job, apart from the routine transmission of

administrative and personnel files, if the individual or agency knows,

or has probable cause to believe, that such school employee, contractor,

or agent engaged in sexual misconduct regarding a minor or student in

violation of the law.

``(b) Exception.--The requirements of subsection (a) shall not apply

if the information giving rise to probable cause--

``(1)(A) has been properly reported to a law enforcement

agency with jurisdiction over the alleged misconduct; and

``(B) has been properly reported to any other authorities as

required by Federal, State, or local law, including title IX of

the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and

the regulations implementing such title under part 106 of title

34, Code of Federal Regulations, or any succeeding regulations;

and

``(2)(A) the matter has been officially closed or the

prosecutor or police with jurisdiction over the alleged

misconduct has investigated the allegations and notified school

officials that there is insufficient information to establish

probable cause that the school employee, contractor, or agent

engaged in sexual misconduct regarding a minor or student in

violation of the law;

``(B) the school employee, contractor, or agent has been

charged with, and acquitted or otherwise exonerated of the

alleged misconduct; or

``(C) the case or investigation remains open and there have

been no charges filed against, or indictment of, the school

employee, contractor, or agent within 4 years of the date on

which the information was reported to a law enforcement agency.

``(c) Prohibition.--The Secretary shall not have the authority to

mandate, direct, or control the specific measures adopted by a State,

State educational agency, or local educational agency under this

section.

``(d) Construction.--Nothing in this section shall be construed to

prevent a State from adopting, or to override a State law,

[[Page 129 STAT. 2121]]

regulation, or policy that provides, greater or additional protections

to prohibit any individual who is a school employee, contractor, or

agent, or any State educational agency or local educational agency, from

assisting a school employee who engaged in sexual misconduct regarding a

minor or student in violation of the law in obtaining a new job.''.

NCLB Text

Previously not included in NCLB.