Student Protection Act

Student Protection Act - Requires that by FY2010 states have in effect laws and policies requiring an individual educator who has reason to believe that another educator has committed an act of sexual misconduct against a student to report such act to the state as quickly as possible, within 48 hours whenever possible, or else face discipline.

Requires each state to have a single, statewide commission for receiving such reports that: (1) establishes policies for investigating and reporting such allegations; and (2) has a toll-free number that can be used to make anonymous allegations.

Directs states to report to the Secretary of Education the details of each act of sexual misconduct against a student for which an educator has been punished, including details regarding the educator and the punishment levied.

Authorizes the Secretary to penalize noncompliant states by reducing their funding under the Elementary and Secondary Education Act of 1965 by up to 5%.

Directs the Secretary to maintain a national database that contains, at a minimum, the details this Act requires each state to report to the Secretary.

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1829 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1829

    To develop a national system of oversight of States for sexual 
       misconduct in the elementary and secondary school system.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2007

  Mr. Putnam introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
    To develop a national system of oversight of States for sexual 
       misconduct in the elementary and secondary school system.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Protection Act''.

SEC. 2. STATE OVERSIGHT SYSTEMS.

    (a) Systems Required.--For fiscal year 2010 and each fiscal year 
thereafter, each State shall have in effect laws and policies that, as 
determined by the Secretary of Education, ensure the following:
            (1) Whenever an individual who is an educator has reason to 
        believe that an incident has occurred in which an educator has 
        committed an act of sexual misconduct against a student, the 
        individual makes a report of that incident to the State as 
        quickly as practicable, and within 48 hours whenever possible, 
        and the individual is disciplined if the individual fails to do 
        so.
            (2) The State has a single, statewide commission for 
        receiving all reports made under paragraph (1).
            (3) The commission required by paragraph (2)--
                    (A) has policies for investigating and reporting 
                such incidents; and
                    (B) has a toll-free number that can be used 
                anonymously to make reports under paragraph (1).
            (4) Each incident with respect to which a report is made 
        under paragraph (1) is investigated by individuals who have 
        received training in investigating such incidents.
            (5) Whenever an educator is punished in any manner for an 
        incident described in paragraph (1), the details of the 
        educator, the punishment, and the incident are provided to the 
        Secretary of Education.
    (b) Noncompliance.--If a State does not comply with subsection (a) 
for a fiscal year, the Secretary of Education may reduce by up to 5 
percent the amounts the State would otherwise be allocated or awarded, 
or both, under the Elementary and Secondary Education Act of 1965. 
Amounts not allocated or awarded to a State for failure to comply with 
subsection (a) shall be allocated or awarded (as the case may be) to 
States that do comply with subsection (a).

SEC. 3. NATIONAL DATABASE.

    The Secretary of Education shall maintain a national database of 
incidents that have occurred in which an educator has committed an act 
of sexual misconduct against a student. The database shall include, at 
a minimum, every detail provided by a State under section 2, and shall 
be available to the public.

SEC. 4. REPORT.

    The Secretary of Education shall, on an annual basis, submit to 
Congress a report on the activities carried out under this Act. The 
report shall identify each State that is in compliance, and each State 
that is not in compliance, with section 2(a).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``educator'' means any individual who works 
        for a State educational agency, local educational agency, or 
        public school.
            (2) The term ``act of sexual misconduct'' means any sexual 
        offense, sexual assault, sexual overture, or sexual 
        communication.
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