PRIA, Government Policy, Made Personal

§20962 Schools Safe Act

Title 34 › Subtitle II — Protection of Children and Other Persons › CHAPTER 209 — CHILD PROTECTION AND SAFETY › SUBCHAPTER I — SEX OFFENDER REGISTRATION AND NOTIFICATION › Part C — Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused › § 20962

Last updated Sep 22, 2026|Official source

Summary

The Attorney General must run fingerprint-based checks of the national crime databases when the State’s chief executive asks and a request comes from either a child welfare agency (for foster/adoptive background checks or abuse investigations) or from a school, local education agency, or State education agency for people who work with or around children. Where possible, the checks should also search State criminal records. The Attorney General and States may charge any required fees. Results from these checks may be shared only with officers of child welfare agencies, public or private elementary or secondary schools, education agencies, or other people allowed by law to get them. Anyone who knowingly goes beyond those rules or shares the information improperly can be punished by up to 10 years in prison, a fine under Title 18, or both. “Child welfare agency” here means the State or local agency that runs part B or part E of title IV of the Social Security Act, and other public or private agencies under contract that license or approve foster or adoptive parents. Education terms use the meanings in 20 U.S.C. 7801.

Title 34, §20962

Navy, Source: USLM XML via OLRC

(a)Short title

This section may be cited as the “Schools Safely Acquiring Faculty Excellence Act of 2006”.

(b)In general

The Attorney General of the United States shall, upon request of the chief executive officer of a State, conduct fingerprint-based checks of the national crime information databases (as defined in section 534(f)(3)(A) of title 28) pursuant to a request submitted by—

(1)a child welfare agency for the purpose of—

(A)conducting a background check required under section 471(a)(20) of the Social Security Act [42 U.S.C. 671(a)(20)] on individuals under consideration as prospective foster or adoptive parents; or

(B)an investigation relating to an incident of abuse or neglect of a minor; or

(2)a private or public elementary school, a private or public secondary school, a local educational agency, or State educational agency in that State, on individuals employed by, under consideration for employment by, or otherwise in a position in which the individual would work with or around children in the school or agency.

(c)Fingerprint-based check

Where possible, the check shall include a fingerprint-based check of State criminal history databases.

(d)Fees

The Attorney General and the States may charge any applicable fees for the checks.

(e)Protection of information

An individual having information derived as a result of a check under subsection (b) may release that information only to appropriate officers of child welfare agencies, public or private elementary or secondary schools, or educational agencies or other persons authorized by law to receive that information.

(f)Criminal penalties

An individual who knowingly exceeds the authority in subsection (b), or knowingly releases information in violation of subsection (e), shall be imprisoned not more than 10 years or fined under title 18, or both.

(g)Child welfare agency defined

In this section, the term “child welfare agency” means—

(1)the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.]; and

(2)any other public agency, or any other private agency under contract with the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act, that is responsible for the licensing or approval of foster or adoptive parents.

(h)Definition of education terms

In this section, the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in section 7801 of title 20.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts B and E of title IV of the Act are classified generally to part B (§ 620 et seq.) and part E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Codification Section is comprised of section 153 of Pub. L. 109–248. Subsec. (i) of section 153 of Pub. L. 109–248 amended section 534 of Title 28, Judiciary and Judicial Procedure. Section was formerly classified to section 16962 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2015—Subsec. (h). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 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 a note under section 6301 of Title 20, Education.