Update: D.C. bill would require teachers to be fired for sex with students

In the District, it's not illegal for a public school teacher to have sex with a student who is older than 16, the age of consent in the city.

Emergency legislation sponsored by D.C. Council member Kwame Brown (D-At Large) would go part of the way toward addressing that issue, by requiring the school system to fire any teacher who is found to have engaged in a sex act with a student, regardless of the student's age.

Brown had hoped the bill would be considered by the council Tuesday. But Brown said late Monday that Council Chairman Vincent Gray (D) has postponed action. Both the District office of the American Civil Liberties Union and the Washington Teachers Union have raised concerns about the proposal.

The bill does not make it a crime for teachers to have sex with students. Brown staffers said Monday the council member initially sought last week to change the law to make it a crime. But Brown (D-At Large) and his legislative staff determined Friday he needed more time to draft that proposal. He instead decided to push for emergency legislation requiring that such teachers be fired.

Based on information provided by Brown staff members, The Washington Post inaccurately reported earlier Monday that the bill would make it illegal for teachers to have sexual contact with any student, even those older than 16.

Brown's bill stems from concerns by Schools Chancellor Michelle A. Rhee that no charges could be brought against a teacher she believes impregnated an 18-year-old special needs student. The teacher, whose name and school have not been released, was laid off in October. But police and prosecutors told school officials that the allegation did not warrant criminal investigation because of the student's age.

Brown declined to comment on the bill, which he drafted after meeting with Rhee last week. The legislation, a copy of which was obtained by The Washington Post, explicitly spells out what constitutes sexual relations between students and teaching officials.

"We absolutely support any policies that would make it illegal for a teacher to have sexual relations with a student regardless of the student's age," Rhee said through a spokeswoman Monday.

Brown aides note that many states have laws outlawing sexual contact between teachers and students. "We absolutely support any policies that would make it illegal for a teacher to have sexual relations with a student regardless of the student's age," Rhee said through a spokeswoman Monday.

Art Spitzer, head of the District office of the American Civil Liberties Unions, noted that the District already has laws making it a crime for hospital, nursing home and group home workers to have sex with patients. He said he could support a similar law for teachers, but would want the bill narrowly focused on teachers with direct supervision over the students they have sex with.