1. Except as otherwise provided in subsection 2, the Department, a local educational agency or an employee, contractor or agent thereof who works at a public school shall not assist an employee, contractor or agent who works at a school to obtain new employment, apart from the routine transmission of administrative and personnel files, if the person or entity has actual or constructive knowledge that such an employee, contractor or agent has engaged in sexual misconduct regarding a minor or pupil. 2. The provisions of subsection 1 do not apply if: (a) The information giving rise to actual or constructive knowledge has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct and any other authorities required by federal, state or local law, including, without limitation, Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., and any regulations adopted pursuant thereto, and the matter has been officially closed, or the District Attorney or law enforcement agency with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish that the employee, contractor or agent engaged in sexual misconduct regarding a minor or pupil; (b) The 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 employee, contractor or agent within 4 years after the date on which the information was reported to a law enforcement agency. 3. The State Board may adopt regulations to enforce the provisions of this section.
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