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LegalText 20 U.S.C. § 7926 Prohibition on aiding and abetting sexual abuse us united_states_code code_section 20 EDUCATION 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 7926 20 U.S.C. § 7926 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s7926 data/legal/raw/us/code/title-20/usc20.xml 12f4c8e70a73ba74a6643ed066713655a7309406b72272afdcec50bf4fcd114b 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 9cd888bdee5af4a698ceea54c5392ee8b5a005febc4e2302b59994671b0f0d2c 2026-07-04 official
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20 U.S.C. § 7926 - Prohibition on aiding and abetting sexual abuse

Text

(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—

(1) (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

(2) (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. 8910, title VIII, § 8546, as added Pub. L. 11495, title VIII, § 8038, Dec. 10, 2015, 129 Stat. 2120.)

Notes

Editorial Notes

References in TextThe Education Amendments of 1972, referred to in subsec. (b)(1)(B), is Pub. L. 92318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.