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Under Alabama law, teachers and other school administrators can legally have consensual sex with students over the age of 15.
But lawmakers and even the Alabama Education Association believe the law needs to be tightened to make any kind of sex with a student a felony. The bill is intended to send a clear message to teachers and parents that there are criminal consequences.
Less than a week ago, Huffman band director Patrick Whitehead was charged with sexually abusing and sodomizing a Huffman High School student.
"It really just brings to the forefront the need for the bill," said Representative Demetrius Newton, (D) Jefferson County.
But another incident caught Rep. Newton's attention.
A Wenonah High School teacher allegedly texted sexual messages to a 17 year old student, which under the current law is permissible if the student consents.
"I think when you're a student, consent kind of goes out the window when your superior requests sex from you," said Rep. Newton.
Last year, a Clay Chalkville Middle School teacher was charged with sodomy and sexual abuse involving multiple students.
In October 2006, Ashville High School teacher Donnie McKay was convicted of having consensual sex with a 15 year old.
December 2005, Leeds teacher Emily Morris was sentenced for having sex with a 15 year old student.
From 2001 to 2005, the Alabama Department of Education reports more than 60 teachers were fired for sexual misconduct.
"If a teacher abuses that by sexually abusing a child, that's inexcusable and a kind of behavior you just don't put up with in schools," said Dr. Paul Hubbert, executive secretary- treasurer of Alabama Education Association (AEA).
AEA feared a stricter law would be used by some students as revenge. But the bill was amended Wednesday before it passed the House committee to keep the existing hearing process.
"It recognizes the right of the individual to have a hearing but at the same time, it also give the employer the right to take action," said Dr. Hubbert.
But the bill also sends a clear message.
"That it is no longer a slap on the wrist, we're talking about a felony that goes with you for the rest of your life," said Rep. Newton.
The bill has moved to the House floor.
Rep. Newton is confident it will pass after the budget.
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