Allegations of abuse made against a teacher or other school employee would follow that individual from job to job — at least initially — under a bill approved Thursday in the Kentucky House.
Under House Bill 275, anyone applying for a job in a public school district would have to tell the district if they have been accused, investigated or faced disciplinary action within the past 12 months for “abusive conduct” involving a student. They would also have to report if they were fired or resigned as a result of those allegations.
Reference checks with past public or private school employers would also be required for all applicants, with former employers required to disclose allegations of abusive conduct they have on file for the applicant.
House Education chair Rep. James Tipton (R-Taylorsville) is the sponsor of the bill. He told the House Thursday the goal of the legislation is to prevent persons in a “position of trust” from taking advantage of students or minors.
“If you watch the news, it’s almost daily somewhere in the United States you’ll see some type of story or some type of allegation where someone in a position of trust and authority has taken advantage of a young child or student,” Tipton said. “That’s what we’re trying to prevent in HB 275.”
Abusive conduct is defined in the bill as “misconduct involving a minor or student, including sexual misconduct and conduct subject to mandatory reporting” under state child abuse and neglect statutes.
Allegations of that conduct made against a school district employee would stay in a personnel file unless “the allegation is determined to be false,” the bill says.
Rep. Tina Bojanowski (D-Louisville) asked Tipton if allegations would have to be disclosed if they are unsubstantiated. As the bill is now written, the answer is yes, he said. But he also said he’s open to an amendment.
“We get this through the House, let’s get it over to the Senate,” Tipton said. “I’ve talked to the chair of the Senate Education committee about this, so that we could have a conversation about some of these issues people have brought forward.”
The bill could prevent incidents like one that happened years ago to a family he knew, Tipton told the House.
“They had a teenage daughter attending a public high school. There was a teacher in that school that made inappropriate sexual advances toward that young lady. The parents reported it and they found out that the teacher had had the same allegations made at another school system,” he said.
“There was no investigation,” he said. “That’s one thing we’re trying to prevent.”
Certified nonpublic schools – private schools, church and religious schools recognized by the Kentucky Department of Education – would also be required to check a job applicant’s private or public school work history as part of the hiring process under HB 275.
State criminal background checks would be required every five years for both public and private school employees.
Another Louisville Democrat raised child privacy concerns with the bill. Rep. Lisa Willner – who ultimately voted for the bill – asked Tipton if required disclosure of abuse allegations would prevent a parent from protecting their child’s privacy. That’s not the intention, Tipton said.
“I certainly believe there are protections in place,” he said. “If there are concerns about that, that’s something we can have a conversation about.”
Kentucky law currently prohibits public schools from employing anyone who is a violent offender, has been convicted of a felony sex crime, or who has a record of child abuse or neglect. The same would explicitly apply to certified nonpublic schools should HB 275 become law.
At the end of her comments, Willner said it’s important to remember that the abuse HB 275 is supposed to prevent is not just a school problem. The issue goes far beyond schools, she said.
“Our educators feel they are often under a microscope,” said Willner, a clinical psychologist. “They’ve just asked me to remind the body and remind the public that grooming and abuse of our children happens in many, many, many settings. And I think it’s helpful as we vote on this important bill to protect our kids that we keep in mind there are many settings in which our children are not safe.”
House Bill 275 passed the House on a bipartisan vote of 95-0. It now goes to the Senate.