SEC. 9201.

FINDINGS AND SENSE OF CONGRESS ON SEXUAL MISCONDUCT

Section Summary

ESSA Update

PART B--MISCELLANEOUS; OTHER LAWS

SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL MISCONDUCT.

(a) Findings.--Congress finds the following:

(1) There are significant anecdotal reports that some

schools and local educational agencies have failed to properly

report allegations of sexual misconduct by employees,

contractors, or agents.

(2) Instead of reporting alleged sexual misconduct to the

appropriate authorities, such as the police or child welfare

services, reports suggest that some schools or local educational

agencies have kept information on allegations of sexual

misconduct private or have entered into confidentiality

agreements with the suspected employee, contractor, or agent who

agrees to terminate employment with or discontinue work for the

school or local educational agency.

(3) The practice of withholding information on allegations

of sexual misconduct can facilitate the exposure of other

students in other jurisdictions to sexual misconduct.

(b) Sense of Congress.--It is the sense of Congress that--

(1) confidentiality agreements between local educational

agencies or schools and child predators should be prohibited;

[[Page 129 STAT. 2138]]

(2) local educational agencies or schools should not

facilitate the transfer of child predators to other local

educational agencies or schools; and

(3) States should require local educational agencies and

schools to report any and all information regarding allegations

of sexual misconduct to law enforcement and other appropriate

authorities.

NCLB Text

Previously not included in NCLB.