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Thursday, August 25, 2011

From the desk of Senator David Pearce


In this world of media exposure, it comes as no surprise that there are predators out there. Every day it seems the news broadcasts yet another story of a child being taken advantage of or abused. As a parent, I can’t begin to tell you how this affects me. I know that we can’t wrap our children in bubble wrap or keep them safe at home forever, but we can feel safe when we send them to school, at least.


Senate Bill 54, also known as the Amy Hestir Student Protection Act, has garnered much attention in the days since the governor signed it. With its relevance to social media outlets, there has been lots of concern and many questions.

There are many aspects to this bill that help keep school districts from passing along teachers who have abused students, keeping them from being moved from one school district to another. Predators that have lost their employment with a school district, either by being fired or simply released from their contract, due to sexual misconduct will no longer be able to simply move to another school district to seek a job. The district in which the offense occurred must disclose those allegations to any other school district that contacts it for an employment reference. This way, that person is not allowed to move from school district to school district without any repercussions, preying on students and parents that put their trust in their educator.

The measure also states that school administrators or a student’s parent/guardian should have access to a teacher’s work-related website if the teacher establishes or maintains exclusive contact with any student. The intent is to ensure that any online or electronic communications between teachers and students is transparent, allowing necessary individuals, such as school administrators and parents, see teachers’ and students’ exchanges. When referencing a work-related website, it should be common sense that the employer should have access to a business computer and/or business website and all transactions that occur while using it.

This portion has created lots of controversy. The section of the act that has been the cause of debate is stated as, “teachers also cannot have a nonwork-related website that allows exclusive access with a current or former student.” This simple sentence has been the center of national debate. I understand that students should have access to teachers if they need help. Students should also have access to teachers if they feel they have a problem that they would like to keep private. It is in both the teacher’s and the student’s best interests if no communication occurred that cannot be monitored by a school official or a parent. That is what SB 54 addresses, the act of hidden communication with a student. That kind of communication, while certainly not abused by most teachers, is what allows the person with ill intent to do harm to our children.

I appreciate the work that educators accomplish. Teaching is certainly more of a calling than a profession and I admire the men and women that take up the mantle of responsibility to instill knowledge in our future generations. However, I believe that we are all better off with these protections in place.

As always, please feel free to contact me or my staff with any questions or concerns at any time. We look forward to hearing your comments and suggestions and trying to answer any questions you may have. You can reach us by phone at 866-277-0882 (toll-free) or 573-751-2272, or by fax at 573-526-7381.

Senator David Pearce serves Bates, Cass, Johnson and Vernon counties in the 31st State Senatorial District.



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