Sexual misconduct against a pupil by a school staff member or volunteer and providing a penalty

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill makes it a Class I felony for a person who works or volunteers at an elementary school, secondary school, or tribal school to commit sexual misconduct against a pupil who is enrolled at that school. Under the bill, a school staff member or volunteer is guilty of sexual misconduct if the school staff member or volunteer knowingly engaged in sexual misconduct that substantially interfered with a pupil's academic performance or created an intimidating, hostile, or offensive school environment. Under the bill, if a law enforcement officer or a county department of social or human services, the Department of Children and Families in a county of 750,000 or more, or a child welfare agency under contract with DCF receives a report of alleged sexual misconduct against a pupil, the law enforcement officer, county department, DCF, or child welfare agency must notify the Department of Public Instruction of the violation, including the name of the person alleged and the school district or school at which that person works or volunteers.

Under current law, there are certain offenses for which if a person who is licensed by DPI is convicted will result in an automatic revocation of that person's license. Under current law, a person's license may be reinstated after six years for certain offenses if the person shows, by clear and convincing evidence, that he or she is entitled to reinstatement. This bill adds certain crimes to the automatic revocation provision and adds a lifetime bar on reinstatement for certain crimes. Under current law, a person's license is automatically revoked if he or she is convicted of a Class H felony or higher that is a crime against life or bodily security or a crime against a child. This bill adds that a person's license is automatically revoked if he or she is convicted of certain crimes against children that are Class I felonies, including sexual misconduct, certain crimes against privacy, and theft of property from a school. Under the bill, a person's license may not be reinstated if the person is convicted of a crime against a child that is a Class H felony or higher, sexual misconduct against a pupil, and certain crimes against privacy.

Who's behind it

9 senators are its authors⁠. 6 are Republicans and 3 are Democrats.

33 more lawmakers signed on in support⁠.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories
• LC Amendment Memo