§7926 — Title 20 Education | U.S. Code

Summary

States and school systems that get federal money must have rules that stop any school employee, contractor, or agent, or the school itself, from helping a school worker who they know or probably believe sexually abused a minor or student get a new job. Routine sharing of administrative or personnel files is allowed. That ban only does not apply when the information was properly reported to police and to other required authorities (including Title IX) and one of these is true: law enforcement closed the matter or told school officials there wasn’t enough to show probable cause; the person was charged but was acquitted or otherwise cleared; or the case stayed open and no charges or indictment were filed within 4 years after the report. The Secretary of Education cannot tell states exactly what steps to take, and states may set stronger protections if they want.

Title 20, §7926

Education — Source: USLM XML via OLRC

(a)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Education

Amendments

of 1972, referred to in subsec. (b)(1)(B), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see

Short Title

note set out under section 1681 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an

Effective Date

of 2015 Amendment note under section 6301 of this title.

§7926 Prohibition on aiding and abetting sexual abuse

Summary

Title 20, §7926

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata