HB38 Summary

• Establishes the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under age 19, classified as a Class B felony, with consent not a valid defense.

• Establishes the crime of a school employee having sexual contact with a student under age 19, classified as a Class A misdemeanor, with consent not a valid defense; "sexual contact" includes any touching of intimate parts for sexual gratification or soliciting a student to perform a sex act.

• Allows school employees charged with these crimes to be placed on paid administrative leave pending adjudication, with further disciplinary action subject to the Teacher Tenure Act, Teacher Accountability Act, or Fair Dismissal Act as applicable.

• Defines "school employee" to include teachers, school administrators, student teachers, safety or resource officers, coaches, and other school employees.

• Became effective on the first day of the third month following passage and approval by the Governor.