HB 1973

Present law specifies three circumstances under which a teacher may break a contract with the teacher's employing LEA, which are: incapacity evidenced by a physician's statement; being drafted into military service; and release by mutual consent. If a te acher breaks a contract without a justifiable reason, then the teacher's employing LEA may file a complaint with the state board of education and request a suspension of the teacher's license. If the state board of education finds that a teacher has brok e n the teacher's contract, then the state board may suspend the teacher's license for no less than 30 days and no more than 365 days. This bill deletes the disciplinary process and suspension for a teacher who breaks a contract without a justifiable reaso n. Present law prohibits a teacher from engaging in any sexually related behavior with a student, whether verbal, written, physical, or electronic, with or without the student's consent. Under present law, sexually related behavior includes, but is not lim ited to, behaviors such as making sexual jokes or sexual remarks; engaging in sexual kidding, sexual teasing, or sexual innuendo; pressuring the student for dates or sexual favors; engaging in inappropriate physical touching, groping, or grabbing; kissing ; rape; threatening physical harm; and committing sexual assault. This bill revises the prohibition against sexual activity between teacher and student and extends the prohibition to apply to sexual activity between a teacher and a former student. This bill defines "former student"" to mean a minor or non-minor individual who graduated or withdrew from, ceased enrollment in, or completed the highest grade level offered by the LEA or school at which the educator taught; served as an administrator; performed any official duties as an educ ator; or was otherwise employed or served as a volunteer in a teaching or non-teaching role within the twelve-month-period immediately preceding the first instance of sexually related behavior reported for the educator to the state board of education. This bill prohibits a n educator from engaging in any sexually related behavior with a student or former student, with or without the student's or former student's consent, regardless of whether the behavior was verbal, nonverbal, written, visual, auditory, physical, virtual, digital, or electronic. This bill changes the present law description of "" sexually related behavior "" to include the c ommi ssion of any sexual offense or violent sexual offense instead of only rape or sexual assault."