Sponsor expects approval of teacher sex bill

By Bill Bartleman

Mar. 27, 2008 (McClatchy-Tribune Regional News delivered by Newstex) --
The Kentucky Senate could vote today on a bill that would make it a felony for a teacher to have sexual relations with a student under the age of 18, said Rep. Jim Wayne, the bill's sponsor.

"If it passes without any major changes, we'll be able to get it finalized before the session ends," said Wayne, D-Louisville. "Right this minute, I'm very optimistic, but anything can happen in the final days of the session."

Several major pieces of legislation await approval before the bill-passing portion of the session ends Tuesday.

Rep. Mike Cherry, D-Princeton, said he is negotiating compromises on different versions of three bills: one toughens executive branch ethics laws, another would reform the state employee and teacher retirement systems, and the third aims to reduce bullying and harassment in schools.

"The bills on ethics and the retirement system have been identified as two of the top three bills of the session," Cherry said. "The other major bill is the budget."

The House approved Wayne's child sexual abuse bill -- House Bill 211 -- 97-0 last month. In addition to teacher-student relationships, it makes it a felony for priests or any other adults in authority to have an improper relationship with anyone under their care who is under 18. The current law considers it a crime only if the person is under 16.

The bill also makes it a crime if someone aware of child sexual abuse does not report it to authorities.

Wayne said the changes are needed because of increases in the number of instances of teachers, priests and others engaging in improper conduct with 16- and 17 year-olds. From 2001 to 2005, the licenses of 95 teachers in Kentucky were revoked, suspended or surrendered because of allegations of sexual misconduct.

Wayne said the bill must go back to the House for consideration if the Senate makes changes. If the changes are minor, Wayne is confident they will be approved. Otherwise there may not be time to negotiate a compromise.

"We have a lot of citizen advocacy groups working on this bill," Wayne said. "It has support from a remarkable coalition of people from both ends of the political spectrum. Everyone so far has been upfront with the bill, and I'm not aware of major changes planned by the Senate."

Cherry said House-Senate conference committees will continue working today to resolve differences in his bills.

He said the easiest agreement is expected on the pension bill.

"Senate President David Williams said he will not let disagreements over Senate changes prevent the retirement bill from passing," Cherry said. He said his biggest concern is a Senate provision to shift some employee groups into different retirement systems. He said that issue needs to be studied over the next year.

The bill to reform executive branch ethics laws was expanded in the Senate to include changes in legislative ethics laws. Cherry said those changes need to be debated in a formal hearing.

The bullying bill, which Cherry has introduced in each of the past five sessions, won Senate approval for the first time. That version is unacceptable because it would require all instances of bullying and harassment be reported to police or the county attorney, he said.

"That's a lot tougher than what we had planned and what is necessary," Cherry said.

Bill Bartleman can be contacted at 575-8651.

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