SOCA-Shame

The Kansas legislature enacted a new law and the Governor signed it into law this past month and it went into effect May 1. The new law is designed to prevent persons convicted of sexual battery against a child and child endangerment from obtaining or renewing a teaching license.

Apparently in the past there was a loophole that allowed for a renewal of the teaching license after five years if it could be proven that the perpetrator had achieved rehabilitation.¹

In my opinion this new law will not prevent sexual predators from being employed as teachers. The wording of the offense - sexual battery against a child - creates a problem with enforcement. Many persons convicted of a sexual offense against a child, especially a teacher, are afforded the opportunity to plea bargain down to a lesser offense to avoid the publicity of a trial. Consequently what happens is a sexual battery charge then becomes perhaps a child annoyance, molestation or inappropriate touching charge. Hence, no conviction for sexual battery against a child. Usually that plea bargain will carry with it no jail time - just probation.

I think most people would be shocked to find out that a teacher found guilty of sexual battery on a child or child endangerment or a history of a felony can still be employed as a teacher.

I really think there should be some sort of psychological profiling done in the colleges when the students are going through their training. I believe children deserve to have people in their classrooms who have been deemed psychological sound. I know that would not prevent all instances of predators getting into the educational system, but it is a far better approach that creating yet another law to prevent someone from re- offending in their teaching capacity and harming yet another child.

What Kansas has done by passing this law is protect their own. Each state has their own licensing boards and there is no cross-checking done between licensing boards. If a teacher from Kansas loses his/her teaching license for life, what prevents that person from traveling to another state and applying for another license and being granted that license? Nothing.

Recently it has been found that some school districts in California have swept the issue of accusations of sexual battery against a child completely under the rug. Some district personnel have offered the accused the option of resigning or transferring to a different school within the district. In one case the accused took the option of transfer and he is currently being held on charges of raping a 13-year-old female student from his transfer school.

1. ‘New law imposes lifetime bans on teaching for some offenders,’ KSN.com, May 27, 2008. [↩]