Teacher sexual misconduct a problem in Kentucky schools. New bill wants to add safeguards

The chairman of Kentucky’s House Education Committee filed a bill Tuesday aimed at teacher sexual misconduct involving students at K-12 schools.

House Bill 275 filed by James Tipton, R-Taylorsville, would strengthen a school’s ability to prevent child sexual abuse by adult staff. Teacher sexual misconduct against students is a persistent problem in Kentucky.

Tipton did not immediately respond to an email seeking comment Wednesday morning.

In a September 2022 series, the Herald-Leader obtained 194 cases of teachers who voluntarily surrendered or had their license revoked or suspended from 2016 to 2021. Of those, 118 — 61% — lost their license due to sexual misconduct.

The overwhelming majority of those cases involved male teachers and teenage girls.

The Herald-Leader also found instances where teachers who had previously been accused of sexual misconduct moved to other school districts and were accused again of misconduct.

House Bill 275 would prohibit a public school district or public charter school from entering a nondisclosure agreement relating to misconduct involving a minor or student.

It would require school district applicants to disclose being the subject of any allegations or investigations in the previous 12 months and consent to a reference check.

“While the bill just became available for review, we’re supportive of efforts to improve the safety of students, “ said Kentucky Department Education spokesperson Joe Ragusa. “The Kentucky Department of Education and the Education Professional Standards Board will review the bill soon and provide feedback to the sponsor.”

Kentucky Youth Advocates, a nonprofit that advocates on behalf of kids, has worked with Tipton on the bill. Terry Brooks, executive director of Kentucky Youth Advocates, urged legislators to pass the bill.

“We know that schools play a significant role in protecting kids from abuse already and Rep. Tipton’s proposal will deepen the protections that our young people deserve,” said Brooks. “HB 275 represents the continued commitment to mitigate maltreatment that Frankfort has shown for the last decade, and this common sense idea should move ahead with full-throated support.”

The bill would require school districts to conduct reference checks; require nonpublic and public school districts to disclose any allegations or investigations related to abusive conduct of applicants; and revise language to grant immunity for disclosures made about school employee conduct.

The legislation would require school districts to request all information about teacher sexual abuse cases from public and nonpublic schools and the Education Professional Standards Board, and require the schools and EPSB to provide the records.

It would require all public school personnel to submit to a state criminal background check every five years and require school district applicants to list all schools of previous and current employment on the application.

The bill would require a school district to internally report and investigate to completion all allegations of abusive conduct.

It would require all records relating to an allegation of abusive conduct to be retained in an employee’s personnel file unless the allegation is proven false. If it is false, records and references relating to the allegation must be removed from the employee’s personnel file.

A certified nonpublic school, which includes most private and church-related schools, would also be banned from nondisclosure agreements and would also have to follow the bill’s requirements on background checks and screenings.

Under the bill, the Kentucky Department of Education would develop training related to sexual misconduct for employees to undergo every five years.

In the 2023 Kentucky General Assembly, House Bill 288, also sponsored by Tipton, proposed beefing up screening and disclosure requirements of teachers who had been accused of sexual misconduct, but did not pass despite unanimous approval in the House and a Senate committee.

The bill did not get a vote before the full Senate. Tipton said last year Senate leaders told him HB 288 needed more work.

This story was originally published January 17, 2024 at 9:46 AM.

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Valarie Honeycutt Spears

Lexington Herald-Leader

859-379-4967

Staff writer Valarie Honeycutt Spears covers K-12 education, social issues and other topics. She is a Lexington native with southeastern Kentucky roots.  Support my work with a digital subscription

Beth Musgrave

Lexington Herald-Leader

Beth Musgrave has covered government and politics for the Herald-Leader for more than a decade. A graduate of Northwestern University, she has worked as a reporter in Kentucky, Indiana, Mississippi, Illinois and Washington D.C. Support my work with a digital subscription