Sec. 9117. Prohibition on aiding and abetting sexual abuse
434 words·~2 min read·
/bill/114/s/1177/es/section-9117·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections 4001(3) and 9114, and redesignated by section 9106(1), is further amended by adding at the end the following: A State, State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives Federal funds under this Act shall have laws, regulations, or policies that prohibit any person 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 person or agency knows, or recklessly disregards credible information indicating, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor in violation of the law.
The requirements of subsection
(a)shall not apply if the credible information described in such subsection— has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and 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 the case has been officially closed or the prosecutor 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; the school employee, contractor, or agent has been charged with, and exonerated of, the alleged misconduct; or the case remains open but 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. 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. 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 person 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 in violation of the law in obtaining a new job. .
Connectionstraces to 2
Traces to 2 documents
U.S. Code
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources