‘Beyond a disappointment.’ KY bill to address teacher sexual misconduct fails for 3rd year
A bill pushing for more disclosure about teachers accused of sexual misconduct failed to pass in the recently concluded 2025 legislative session.
The 2025 session is the third year Rep. James Tipton, R-Taylorsville, has filed an omnibus teacher sexual misconduct bill. Despite widespread support from most education groups and never receiving a “no” vote in committees or on the House or Senate floor in three years, House Bill 36 did not pass.
Yet, teachers engaging in sexual misconduct with students continues to be an issue, youth advocates said.
“The failure of the Kentucky General Assembly to once again pass HB 36, despite what I know to have been many constituent calls in its support, is beyond a disappointment,” said Terry Brooks, executive director of Kentucky Youth Advocates, which has backed the bill in the past three legislative sessions.
“The measure was supported by a bipartisan contingent of legislators and every legitimate education group, and backed by a mountain of evidence for its need – including a clear trend of incidents of educator misconduct across the commonwealth.”
Brooks said the failure to act on sexual abuse has consequences for victims of sexual abuse.
“It is a failure of incalculable consequence, but one that can be amended with political courage. And the courage to protect young victims of abuse within schools rather than the perpetrators of that abuse,” Brooks said.
In the past 18 months, multiple teachers have been arrested or pleaded guilty to sexual misconduct.
They include:
▪ Harlee Esteep, a Paul Blazer High School coach, who was arraigned March 26 with first-degree sexual abuse for “inappropriate communications with a minor.”
▪ Lioney Henriquez, a former Whitley County high school and middle school coach, was charged in March 2024 for exchanging nude photos with two female students under the age of 18.
Sexual misconduct top reason teachers lose licenses
Tipton first filed the bill in 2023 after a 2022 Herald-Leader investigation found sexual misconduct was the leading reason teachers lost their licenses.
A review of 194 teachers whose teaching license was voluntarily surrendered, suspended or revoked by the Kentucky Educational Professional Standards Board from 2016 to 2021 show the vast majority — 61% — trace back to sexual misconduct.
The vast majority of those cases involved male teachers and teenage girls.
The legislation, although it has been tweaked over the past three years, would ban nondisclosure agreements between teachers and school districts about teacher misconduct involving minors, including sexual misconduct.
The bill also would increase disclosure requirements about past misconduct.
Applicants for jobs must disclose if they have been the subject of an investigation in the prior 12 months. It also would require that investigations into school employee sexual misconduct be completed before a teacher resigned.
It would also allow school districts to get information on prior sexual misconduct investigations for job applicants.
For school districts to know if a teacher has previously been accused of sexual misconduct, it must be disclosed.
The Herald-Leader found instances where teachers were investigated for possible misconduct and then moved to a different school district and were accused of misconduct again.
The bill also would require the Kentucky Department of Education to develop a curriculum that directly addresses inappropriate relationships between teachers and students. Teachers receive some training on sexual abuse, but it does not target inappropriate relationships between teachers and students.
Tipton, who also chairs the House Education Committee, said he has heard concerns from some teachers who say the bill does not address false accusations. Those concerns, he said, are what has stalled the bill for several years.
“I did speak with them and their concern was that the legislation would increase the number of false allegations of misconduct made against teachers,” Tipton said.
“I recognize that false accusations do occur, but I do not personally believe that the legislation would increase the number of false accusations. I recognize that a teacher or school employee who is falsely accused would be adversely impacted, but there is due process in place.”
Tipton said he hopes to have more conversations with those who have concerns about the bill before the beginning of the 2026 legislative session.
“My main objective in filing HB 288 in 2023, HB 275 in 2024 and HB 36 in 2025 was to protect students from adults in supervisory roles from being subjected to sexual misconduct. It happens all too often. I have not yet decided if I will file the bill again in 2026,” Tipton said.
“Over the Interim, I hope to continue the conversation and try to come to a resolution over concerns that have been shared.”
Other teacher misconduct bills pass
The Kentucky General Assembly passed two other bills this legislative session related to teacher sexual misconduct.
Senate Bill 120, which would make it clear that coaches have to report abuse and neglect, including sexual misconduct, was passed unanimously by the House and Senate. Gov. Andy Beshear signed the bill earlier this month.
Senate Bill 181 would make it clear that students and adults can only communicate via already-approved communication means. The bill requires school districts to identify a traceable form of communication between school officials and students.
Many adults who have sexual relationships with students contact them outside of school via telephone, text or other messaging platforms, backers of the bill said.
SB 181 would prohibit that type of communication unless a family member gives written consent for that school staffer — a teacher or a coach — to contact them outside of school hours.
Many schools have software platforms where students and teachers can communicate, such as Canvas and Infinite Campus.
But those conversations are traceable or recorded in those platforms. The Republican-controlled House an Senate unanimously passed SB 181 on Friday. It now goes to Beshear for his veto or signature.
