§ 15.1-19-26 — Prohibition on aiding and abetting sexual abuse

1. The state educational agency, or local educational agency that receives federal funds
under section 8546 of the Elementary and Secondary Education Act [20 U.S.C. 7926]
shall 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,
there is confirmation, or there is an investigation underway based on a claim the
school employee, contractor, or agent engaged in sexual misconduct regarding a
minor or student in violation of law.
2. Subsection 1 does not apply if:
a. The information has been properly reported to a law enforcement agency with
jurisdiction over the alleged misconduct and any other authorities as required by
federal, state, or local law; and
b. (1) 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;
(2) The school employee, contractor, or agent has been charged with, and
acquitted or otherwise exonerated of the alleged misconduct; or
(3) The case or investigation remains open and there have been no charges
filed against, or indictment of, the school employee, contractor, or agent
within one year of the date on which the information was reported to a law
enforcement agency.