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20 U.S.C. § 7926Prohibition on aiding and abetting sexual abuse

submitted 11 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 425 words · no verdicts yet

in plain englishAI-generated · not legal advice

States and school districts getting federal funds must have rules banning school staff from helping a school employee, contractor, or agent get a new job if they know, or have probable cause to believe, that person committed sexual misconduct against a minor or student. Exceptions apply if the matter was properly reported and later closed, resulted in acquittal, or stayed open without charges for four years. The Secretary cannot dictate exactly how states meet this rule, and states may adopt stronger protections.

(a) In general. A state, state education agency, or (for a school district) local education agency that gets federal funds under this chapter must have laws, regulations, or policies banning any school employee, contractor, or agent — or the agency itself — from helping a school employee, contractor, or agent get a new job (beyond routine transfer of administrative and personnel files), if that person or agency knows, or has probable cause to believe, that the employee, contractor, or agent committed sexual misconduct against a minor or student, in violation of the law. (b) Exception. This ban doesn't apply if the information behind that probable cause was properly reported to law enforcement and to any other authorities required by federal, state, or local law — including Title IX and its regulations — and, in addition, one of the following happened: the matter was officially closed, or the prosecutor or police investigated and told school officials there wasn't enough evidence for probable cause; the employee, contractor, or agent was charged and then acquitted or otherwise cleared; or the case stayed open, with no charges or indictment filed, for four years after it was first reported to law enforcement. (c) Prohibition. The Secretary has no authority to dictate, direct, or control the specific measures a state, state education agency, or local education agency adopts to meet this section. (d) Construction. Nothing here stops a state from adopting — or overrides a state law, regulation, or policy that already provides — stronger protections against helping a school employee who committed sexual misconduct against a minor or student get a new job.
the actual law source: uscode.house.gov ↗public domain
(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 chapter 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, 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.

Source credit: (Pub. L. 89–10, title VIII, § 8546, as added Pub. L. 114–95, title VIII, § 8038, Dec. 10, 2015, 129 Stat. 2120.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 89-10 · 129 Stat. 2120

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2015-12-10.

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