42-U.S.C.-16962
§16962 – Schools Safe Act
Pathway
Title 42 > Chapter 151 > Subchapter I > Part C > Section 16962
Details
- Reference: Section 16962
- Legend: §16962 – Schools Safe Act
- USCode Year: 2011
Provision Content
(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.
(Pub. L. 109–248, title I, §153, July 27, 2006, 120 Stat. 610.)
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 this title. For complete classification of this Act to the Code, see section 1305 of this title 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.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-16919 in the Legal Encyclopedia: Justice System
In this entry about 42-U.S.C.-16919, find legal reference material, bibliographies and premiere content related to justice system in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice system-specific issues, written by authorities in the field.
Part B – Improving Federal Criminal Law Enforcement To Ensure Sex offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators in the Legal Encyclopedia: Child Safety
In this entry about Part B – Improving Federal Criminal Law Enforcement To Ensure Sex offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators, find legal reference material, bibliographies and premiere content related to child safety in the American Encyclopedia of Law, presenting a comprehensive view of the United States child safety-specific issues, written by authorities in the field.
42-U.S.C.-16929 in the Legal Encyclopedia: Child Protection
In this entry about 42-U.S.C.-16929, find legal reference material, bibliographies and premiere content related to child protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States child protection-specific issues, written by authorities in the field.
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