Hunter: Students must be protected from sexual misconduct by teachers

In his latest Capital Report, Rep. Steve Hunter, R-Joplin, stresses the need for the legislature to pass the Amy Hestir Davis Student Protection Act. His column is reprinted below:

There is an unspoken epidemic that has plagued our school systems for far too long. Numerous teacher sexual misconduct cases have gone unreported and unresolved over the years because of a system that fails to promote open communication between schools and school districts. While we have taken many steps to prevent sexual predators from coming within a thousand feet of our schools, we have failed to create a system that ensures they are not inside our schools; teaching our children. It’s time we rectify this problem by ensuring our schools are safe learning environments where our young people can receive a quality education without fear of harm.



As we take a closer look at this problem, it’s important to realize Missouri is not alone in failing to adequately address the issue. An Associated Press report revealed 2,570 educators nationwide whose teaching credentials were revoked or denied from 2001-2005 as a result of allegations of sexual misconduct. Nationally, almost 1 out of every 10 children will be subject to sexual misconduct by a school employee between kindergarten and 12th grade. These shocking statistics have prompted legislators in New York, Maine, Minnesota, California and several other states to propose legislation to close the loopholes that have allowed sexual abuse to persist. In addition, the federal government is considering the creation of a national registry for teacher offenders and a toll-free number to report allegations of abuse.



Here in Missouri, the Associated Press report found 87 cases from 2001-2005. Unfortunately, this number designates us as the 11th worst state in the nation for teacher sexual misconduct. While there are a variety of factors that have resulted in this unwanted ranking, one of the most alarming centers around the confidentiality agreements many school districts have with teachers. The Associated Press investigation turned up one example of a teacher who quietly moved from school to school even after dozens of accusations of sexual misconduct. He was able to do this because of confidentiality agreements that prevented schools from passing along the crucial information regarding the allegations made against him. While his license was eventually revoked, he was able to exist within the system for far too long and his actions caused irreparable harm to innocent young people who looked to him as an adult they could trust.



We are serious about creating a system here in Missouri that will keep sexual offenders out of our classrooms. Our ideas have taken the form of legislation that takes several steps to do exactly that. The Amy Hestir Davis Student Protection Act is named after a Missouri resident who came forward to share how she had been the victim of sexual abuse by a teacher. Her story is just one of many and it serves as another example of why this legislation is so vital to our state.



The Amy Hestir Davis Student Protection Act would take a number of important steps to crack down on the problem of teacher sexual misconduct. One of the most important provisions of the bill would make the current system more transparent by requiring school districts to adopt written policies on the information they can provide about former employees. Furthermore it would exempt current district employees from civil liability when discussing employee information that may affect student safety. These changes would give school districts the ability to share important information regarding teacher sexual misconduct. This in turn would prevent cases like I mentioned where the teacher existed within the system for years despite numerous allegations of sexual misconduct.



In addition, the act would clarify that a criminal background check must include a check of the sexual offender registry and the child abuse central registry. It also would require the departments involved in doing the checks to develop procedures for an annual record check of holders of active teacher certificates. These represent common sense changes and something that should have been part of our system from the beginning. We are doing our young people a great disservice by not conducting regular, thorough background checks on the educators we trust to provide a safe, nurturing environment. It is time we change this flawed system for the better.



The Student Protection Act also would remove the current 20-year statute of limitation that is in place for the prosecution of unlawful sexual offenses involving a person 18 years of age or younger. Amy Davis is one such person who came forward to share her story years later when the statute of limitation prevented prosecution of the teacher who abused her. As she stated, victims spend years being afraid to come forward to reveal the truth. In her case she waited too long and the man who abused her continues teaching today. That is why it is imperative we move forward with this legislation and correct our system so that sexual offenders cannot continue to exist within it.



The Amy Hestir Davis Student Protection Act is an important step in closing the loopholes that have plagued our system of education. It has a number of other provisions I have not mentioned, but the overall approach is one that encourages transparency and open communications between school districts, as well placing a heavier emphasis on ensuring our educators have no history of sexual misconduct. By doing this we can provide safer learning environments – the kinds of schools we as parents envision for our children where they are free to learn and grow without fear of harm.