Massachusetts Bill Would Close Loophole That Allows Sexual Exploitation of 16- and 17-Year-Old Students by School Staff

Massachusetts lawmakers are advancing a significant bill aimed at protecting students from sexual misconduct and abuse by school staff and other adults in positions of authority. Known as House Bill H.4538, titled “An Act relative to preventing educator sexual misconduct and abuse of children and youth”, the legislation represents a consolidated, omnibus effort drawing from multiple prior proposals. As of early 2026, it has been favorably reported out of the Joint Committee on the Judiciary and referred to the House Committee on Ways and Means for further review.

The bill addresses longstanding gaps in Massachusetts law, particularly the fact that the state—along with a handful of others—currently allows adults in positions of trust (like teachers or coaches) to avoid certain criminal charges for sexual relationships with students aged 16 or 17, due to the state’s general age of consent being 16. Advocates argue this creates a dangerous loophole for grooming and exploitation.

Key Provisions: Strengthening Prevention and Policies in Schools

The bill would require all K-12 schools in Massachusetts—including public, charter, private, parochial, vocational, and special education programs—to adopt a standardized abuse prevention policy. This policy, developed by the Department of Elementary and Secondary Education (DESE) in collaboration with the Office of the Child Advocate, Department of Children and Families, and others, would outline clear codes of conduct for employees, volunteers, and contractors. Schools must train mandated reporters (essentially all school staff) every two years on:

• Recognizing signs of abuse, neglect, sexual misconduct, and boundary violations (including student-on-student issues).

• Preventing such behaviors.

• Responding supportively to disclosures.

• Using community resources for help.

The state would provide free, research-based training materials, updated at least every five years, available online. Additionally, schools would deliver age-appropriate instruction to students on:

• Identifying inappropriate behavior from adults or peers.

• Understanding personal body boundaries, privacy, and healthy relationships.

• Safely reporting concerns to trusted adults.

• Accessing school and community support.

• The importance of truthful reporting (without exaggeration or falsehoods).

Records of training and student sessions would be maintained.

Tougher Hiring and Background Checks to Stop “Passing the Trash”

A major focus is preventing schools from unknowingly hiring individuals with histories of misconduct—a practice sometimes called “passing the trash,” where problematic employees move between districts. Before hiring anyone for a role with direct, unmonitored student contact (teachers, coaches, bus drivers, custodians, volunteers, contractors, etc.), schools must:

• Require applicants to disclose full employment history in youth-facing roles, plus a sworn statement about any past investigations, discipline, resignations during probes, or license revocations related to abuse or misconduct (unless fully cleared as false or unsubstantiated).

• Contact prior employers for verification and similar sworn information.
• Employers must respond within 30 days, redacting victim identities except basic details.

False information from applicants could lead to job denial, termination, or professional discipline. Schools can provisionally hire for up to 90 days while checks are being completed, but the person cannot be alone with students. Non-responsive former employers could face reports to licensing boards or the Attorney General, with potential penalties. Information shared remains confidential and limited to hiring decisions, with good-faith disclosers protected from liability.

New Criminal Offense: Closing the “Age of Consent” Loophole

The bill adds a new section (26E) to Chapter 265 of the General Laws, creating a specific crime for adults over 21 in school positions of “authority or trust” who use abuse or sexual misconduct to entice a student into sexual activity or contact.

• “Entice” aligns with existing definitions (lure, persuade, solicit, etc.).
• The student is legally deemed incapable of consent due to the power imbalance, regardless of age.
• This applies to students 16+ (closing the loophole) and under 16.
• Penalties: Up to 5 years in state prison (felony), 2½ years in house of correction, and/or a $10,000 fine.
• Conviction automatically suspends any state professional license.
• It ties into sex offender registration requirements and extends statutes of limitations in related areas.

Supporters, including child protection advocates like Enough Abuse and legislators such as Rep. Leigh Davis (D-Great Barrington) and Sen. Joan Lovely (D-Salem), describe the bill as a comprehensive step toward better prevention, detection, and accountability. It combines elements from earlier bills focused on training, screening, and criminalizing authority-based exploitation.

The legislation reflects growing awareness of educator misconduct cases in Massachusetts and nationwide, where grooming often precedes abuse. If passed, it would mandate uniform safeguards across all schools, potentially reducing risks and ensuring problematic individuals face barriers to re-employment.

As the bill moves through the legislative process in the 2025-2026 session, it has bipartisan backing and support from survivor advocacy groups pushing for stronger child protections. Its fate now rests with the House Ways and Means Committee and potential full chamber votes.