Student Protection Act - Requires that by FY2012 states have in effect laws and policies that require disciplining of any school, state, or local educational agency employee who, having reason to believe another employee has committed an act of sexual misconduct against a student, fails to report such act in the same manner the state requires the reporting of child abuse and neglect or, in the absence of such a requirement, as quickly as practicable.
Requires each state to have a single, statewide commission for receiving and documenting such reports that: (1) establishes policies for investigating and reporting such allegations; and (2) has a toll-free number that can be used anonymously to report such allegations.
Directs states to report to the Secretary of Education whenever an employee is terminated or punished on the basis of an act of sexual misconduct toward a student, including the reason such action was taken and the identification and last known address such individual.
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.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 781 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 781
To develop a national system of oversight of States for sexual
misconduct in the elementary and secondary school system.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2009
Mr. Putnam (for himself and Mr. Lee of New York) 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 2012 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 eligible employee has
reason to believe that an incident has occurred in which an
eligible employee has committed an act of sexual misconduct
against a student, the individual makes a report of that
incident to the State consistent with the State's laws and
policies regarding reporting of child abuse and neglect or, in
the case of a State that does not have laws and policies
regarding the reporting of child abuse and neglect, as quickly
as practicable.
(2) If an individual described in paragraph (1) fails to
comply with State laws and policies referenced in paragraph
(1), such individual is disciplined.
(3) The State has a single, statewide commission for
receiving and documenting all reports made under paragraph (1).
(4) The commission required by paragraph (3)--
(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).
(5) 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.
(6) The identification and last known address of an
eligible employee, the reason for the termination, punishment,
fines, or sanctions are provided to the Secretary of Education
whenever an eligible employee is--
(A) terminated from association with the State
educational agency, local educational agency, public
school, or private school, on the basis of an act of
sexual misconduct against a student; or
(B) punished, fined, or sanctioned by any level of
State government on the basis of an act of sexual
misconduct against a student.
(b) Noncompliance.--If a State does not comply with subsection (a)
for a fiscal year, the Secretary of Education may reduce by not more
than 5 percent the amounts the State would otherwise be allocated or
awarded, or both, under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.). 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.
(a) In General.--The Secretary of Education shall maintain a
national database of incidents that have occurred in which an eligible
employee is--
(1) terminated from association with a State educational
agency, local educational agency, public school, or private
school, on the basis of an act of sexual misconduct against a
student; or
(2) punished, fined, or sanctioned by any level of State
government on the basis of an act of sexual misconduct against
a student.
(b) Include Every Detail and Availability.--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 ``eligible employee'' means any individual who
works for, or is employed by, a State educational agency, local
educational agency, public school, or private school.
(2) The term ``act of sexual misconduct'' means any sexual
offense, sexual assault, sexual overture, or sexual
communication.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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