ND HB1082

State and local educational agencies receiving federal funds must prohibit employees, contractors, and agents from assisting individuals accused of sexual misconduct with minors or students in obtaining new employment, except for routine transmission of administrative and personnel files.

The prohibition does not apply if allegations have been properly reported to law enforcement and one of three conditions is met: the matter is officially closed, charges are determined to lack probable cause, or the accused is acquitted or exonerated.

The prohibition also does not apply if one year has passed since the report to law enforcement with no charges filed or indictment issued against the accused.

School district employees, contractors, or agents convicted of aiding and abetting sexual abuse as defined in this Act are guilty of a class B misdemeanor.

Requested by the Superintendent of Public Instruction; passed by the House 59-31 and the Senate 28-17.