Bill in Congress - HR 781

2-27-2009 National:

`Student Protection Act'

Sponsor: Rep Putnam, Adam H. [FL-12]
Introduced 1/28/2009 Bill HR 781


The intent of bill is: To develop a national system of oversight of States for sexual misconduct in the elementary and secondary school system.

Simply based on the above one would think the obvious, sexual misconduct equals crime and it should be reported. But, not so fast, these two requirements are strange:

(1) Whenever an individual who is an eligible employee has reason to believe that an incident has occurred in which an eligible employee has committed an act of sexual misconduct against a student, the individual makes a report of that incident to the State consistent with the State's laws and policies regarding reporting of child abuse and neglect or, in the case of a State that does not have laws and policies regarding the reporting of child abuse and neglect, as quickly as practicable.

(2) If an individual described in paragraph (1) fails to comply with State laws and policies referenced in paragraph (1), such individual is disciplined.

In essence this says, whenever a "eligible employee" becomes aware of sexual misconduct between another employee and a student, they must report it or they will be disciplined. Notice where reporting is to go, according to the "child abuse and neglect" laws of the state. There is no mention of school administration or the local prosecutor's office.

It appears -as written- that the bill is trying to minimize the effect of the sexual abuse claim on the perpetrator (the other employee). In many states if such an employee were charged as a misdemeanor they would not lose many of the vested perks of their job; a felony would cause loss.

Further:

Definitions:
(2) The term `act of sexual misconduct' means any sexual offense, sexual assault, sexual overture, or sexual communication.

In today's world "sexual overtures" occur frequently and most times mean nothing, however, knowing how many reports we have seen of teens making sexual act claims, I think "sexual overtures" should be ommitted, stick with the more substantial acts, it is far too easy for teens to misconstrue such, thus ending the life of the employee.

Given this broad definition of sexual misconduct, I think it warrants an expansion, in the earlier provision, of where reporting is to go.

In addition to the above is a NATIONAL PUBLIC REGISTRY:

SEC. 3. NATIONAL DATABASE.

(a) In General- The Secretary of Education shall maintain a national database of incidents that have occurred in which an eligible employee is--

(1) terminated from association with a State educational agency, local educational agency, public school, or private school, on the basis of an act of sexual misconduct against a student; or

(2) punished, fined, or sanctioned by any level of State government on the basis of an act of sexual misconduct against a student.

(b) Include Every Detail and Availability- The database shall include, at a minimum, every detail provided by a State under section 2, and shall be available to the public.

Given the broad definitions I'm not sure, if all definitions become part of this law, I would include claims of "sexual overtones" and maybe even "sexual communication" might need to be subdivided before a mass inclusion in the registry of such claims.

However, as reported by Charol Shakeshaft, Ph.D. in her report "Educator Sexual Misconduct: A Synthesis of Existing Literature" many of these employees shoould be included, of course their acts may have them included in the normal publci sex offender registry anyway.

Then we have to wonder if a person is listed in multiple registries, are they ever going to reintegrate back into society, cetainly they will no longer be able to support themselves or their family.

Laws of this type, if they make the public safer which I doubt, clearly will make a subculture of society which taxpayers -like it or not- will support. The dollar is devalued by these laws.


I would SUPPORT the concept of this bill with substantial modifications, specifically not to create yet another societal subculture for all to support. Contact the Congressman, with your views, by clicking on his name above, as well as your own folks in Congress.

Thanks,
eAdvocate

Note: To see all bills concerning sex offenders or their familes currently in Congress simply click here. At the present time I do not review sex offender bills concerning Immigration or Appropriations, they get very involved and are time consuming.

Note: Full bill text WILL NOT be included in this blog because as time goes on bills are amended by Congressional Committees and also on the floor of either house, and it is too easy to confuse folks who may not realize that. Further, links to the bill in Congress will be provided so folks can always see the latest version of the bill.