§ 7926. Prohibition on aiding and abetting sexual abuse

568 words·~3 min read·/usc/title-20/section-7926

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(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—

(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

(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.

(Pub. L. 89–10, title VIII, § 8546, as added Pub. L. 114–95, title VIII, § 8038, Dec. 10, 2015, 129 Stat. 2120.)

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Cited by 12 sections

public-private-law

statutes-at-large

statute-compilations

Notices
Final rule

bill

Traces to 3 documents

U.S. Code

public-private-law

Every Student Succeeds Act
Public Law 114-95

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Pub. L. 89–10, title VIII, § 8546
129 Stat. 2120
Pub. L. 92–318
86 Stat. 235

Citation graph

cites case law

§ 7926

Prohibition on aiding and abetting sexual abuse

Bills×4

Stat. Comp.×3

Pub. L.×2

Stat.×2

Fed. Reg.×1

U.S.C.§ 1681

Pub. L.Public Law 114-95

U.S.C.§ 6301

Pub. L.Pub. L. 89–10, title VIII, § 8546

Stat.129 Stat. 2120

Pub. L.Pub. L. 92–318

Stat.86 Stat. 235

Cites 7Cited by 12 across 5 sources