KY teachers accused of sexual misconduct have to disclose more information under this bill

A bill would make it more difficult for Kentucky teachers who have been accused of prior sexual misconduct to move from school district to school district and would also require teachers have more training on appropriate relationships between staff and students.

House Bill 288, filed by Rep. James Tipton, R-Taylorsville, would make it illegal for school districts to have nondisclosure agreements between a teacher and a school district about conduct involving minors.

The bill would also make applicants for jobs disclose if they have been the subject of allegations or investigations involving misconduct in the previous 12 months. It would also require that past investigations into sexual misconduct remain in a teacher’s file. School districts must talk to all previous schools a teacher has been employed at before hiring an individual, the bill says.

School districts would not be sued for releasing information about a teachers’ prior misconduct, according to the bill.

Provisions of the bill also cover certified non-public schools which can include private, church and other non-public schools. According to the Kentucky Department of Education website, there are hundreds of certified non-public schools in Kentucky. Non-public schools can be certified by adhering to certain standards.

It also makes clear that non-public certified schools cannot employ violent offenders or those convicted of a sex crime. The current law makes it voluntary.

In addition, the omnibus bill would also require teachers to receive training regarding appropriate boundaries and conduct between teachers and students every five years. The Kentucky Department of Education has until 2024 to develop the training.

But a group that represents many teachers said there are some issues with the proposed legislation.

“It requires material relating to investigation of an allegation to stay in the personnel file regardless of outcome; that’s a problem if the allegations are determined to be unfounded,” said David Patterson, a spokesman for the Kentucky Education Association.

Patterson said there’s also concerns about differences in the timelines on when something should be disclosed.

“An educator must disclose to a potential employer any allegation that occurred in the previous 12 months, but it requires the employer to disclose allegations regardless of when they occur or what the final outcome was,” he said.

Toni Kontz Tatman, a spokeswoman for the Kentucky Department of Education, said the department supports HB 288.

Other groups who represent teachers say the bill is addressing a long-standing problem.

“We have zero issues with this bill. I’m glad to see the General Assembly address a real issue and not one made up to bully kids and score political points from the red meat. How refreshing,” said Nema Brewer, an organizer with KY 120 United AFT, another school employee group.

The Herald-Leader, for a series of articles published in September, 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 overwhelmingly majority of those cases involved male teachers and teenage girls.

Kentucky has some of the weakest laws in the country on sexual misconduct of school staff, according to one report from a national group that studies state laws and sex abuse by teachers.

Kentucky requires teachers to have training on sexual abuse but that training is not specific to misconduct between school staff and students. Kentucky doesn’t have laws that make it easier for potential employers to find out if a teacher had been previously accused of sexual misconduct but never criminally charged.

At least 12 states and Washington D.C. have strengthened screening tools so teachers who have been accused of misconduct in one district can’t move to another district, according to MassKids, a group that tracks laws regarding teacher misconduct.

In December, the Herald-Leader reported a teacher who had been accused of inappropriate behavior in Paris Independent School District got a job in Jessamine County. The teacher, Jason Earlywine, later was accused of making inappropriate comments to female students at Jessamine County and was eventually terminated for lying about the prior allegations of inappropriate conduct at Paris Independent. Earlywine, who has vigorously denied the allegations, lost his teacher’s license in October.

In another case highlighted by the Herald-Leader, Eric Smart, a former researcher at the University of Kentucky was investigated and disciplined for sexual harassment at the university in 2009. Later, Smart got a job teaching at Bourbon County High School. Two former Bourbon County High School students have filed a complaint with the Education Professional Standards Board, which oversees teacher licenses, alleging Smart sexually harassed them. That case is still pending. Numerous students and staff told the newspaper they had complained about Smart’s behavior in the past.

A school district attorney has denied allegations of wrongdoing.

It’s not known how many teachers who have previously been accused of misconduct move from school to school.

The bill has not been assigned to a committee. Tipton could not be reached for comment.