20 U.S.C. § 7926: Prohibition on aiding and…

Summary

States and school systems that get federal money must have rules that stop a school worker, contractor, or anyone working for the school, or the school district itself, from helping a school worker get a new job if the school knows or has good reason to believe that person sexually abused a minor or student. Routine sharing of personnel or administrative files is still allowed. The ban does not apply if the information was properly reported to police and to any other authorities required by law (including Title IX rules), and then either the case was officially closed or law enforcement said there wasn’t enough evidence, or the person was charged and later cleared, or no charges were filed within 4 years of the report. The U.S. Secretary of Education can’t force exactly how schools must follow this rule, and states may set stronger protections.

Title 20, §7926

Education, Source: USLM XML via OLRC

(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.

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