The Massachusetts House Judiciary Committee on Sept. 25 recommended approval of House No. 4538, "An Act relative to preventing educator sexual misconduct and abuse of children and youth," a bill that would require schools to adopt standardized abuse‑prevention policies and create a new criminal offense for adults in positions of authority who entice students into sexual activity.

The bill, reported "for the committee" by Michael S. Day, follows petitions from several legislators including Carole A. Fiola, Leigh Davis, Kenneth I. Gordon, Natalie M. Blais and John J. Lawn Jr. It would add new sections to Chapter 69 of the General Laws and create section 26E in Chapter 265, among other statutory amendments.

If enacted, the measure would require every public, charter, virtual, parochial and private elementary and secondary school in the Commonwealth to adopt an "abuse prevention policy" provided by the Department of Elementary and Secondary Education (DESE). The policy must outline a code of conduct for employees and procedures for meeting obligations under section 51A of chapter 119 regarding reporting suspected abuse.

The bill mandates biennial instruction for mandated reporters employed by a school. Required training content includes recognizing and responding to abuse and sexual misconduct, identifying behavioral and verbal cues, building protective factors, responding to disclosures supportively, and locating community resources for prevention and treatment. DESE would create the policy and supporting, research‑based instructional materials in consultation with the Office of the Child Advocate, the Department of Children and Families and the Department of Early Education and Care, update the materials at least once every five years, and post them without cost on DESE’s website.

Schools also would be required to use a DESE program to provide age‑appropriate instruction for students to recognize and report inappropriate behavior, develop healthy interpersonal boundaries, communicate concerns to trusted adults, use school and community resources, and understand the consequences of false reporting.

On hiring, the bill would require applicants for positions that may involve direct and unmonitored contact with students to provide contact information for current and former employers that were schools or positions involving direct contact with students; a written authorization allowing disclosure by those employers; and a sworn statement disclosing past investigations, disciplinary actions, separations while allegations were pending, or professional license suspensions related to abuse or sexual misconduct unless the investigation was later found false, unsubstantiated or inconclusive. Schools must contact all listed current and former employers within 30 days and request employment dates and sworn statements about any relevant investigations or discipline. Employers contacted would have 30 days to respond; the bill allows reporting a willful failure to respond to the appropriate licensing board and the attorney general and permits civil penalties where not prohibited by an out‑of‑state jurisdiction or contract.

The measure permits provisional hiring for up to 90 days if an applicant has supplied required documentation, the school has no knowledge disqualifying the applicant and the applicant is not permitted to work alone with students. The bill clarifies that information disclosed under the section is not a public record and must be used only to evaluate applicant fitness; victim personally identifiable information must be redacted except age and other material information relevant to investigations. Schools could share the information with other schools or DESE for licensing suitability determinations.

Chapter 265 would be amended to add section 26E, which defines "person in position of authority or trust" and creates criminal penalties for adults over age 21 in such positions who "entice" students to engage in sexual activity or contact. The bill states that for prosecutions under section 26E a student shall be deemed incapable of consent with a person in a position of authority or trust. The penalty provisions in the draft are identical for students aged 16 or older and for those under 16: incarceration in state prison for up to five years or in a house of correction for up to 2½ years, a fine of up to $10,000, or both. The bill also directs automatic suspension of any professional license issued by the Commonwealth on conviction under the new section.

The text further updates cross‑references in multiple statutes (including chapters 6, 260, 265 and 277) to incorporate the new offense in penalties and procedural references.

The committee report accompanying the bill states the committee "recommend[s] that the accompanying bill (House, No. 4538) ought to be passed." The report itself does not record a roll-call vote or final floor action; the document is a committee recommendation filed with the House on Sept. 25, 2025.

Key numeric provisions in the bill include a 30‑day response period for employers contacted about applicants, biennial training for mandated reporters, DESE updating materials at least once every five years, a 90‑day provisional hiring limit, and criminal penalties of up to five years' incarceration or a $10,000 fine for the new enticing offense.

The bill text does not specify funding sources for implementation, enforcement mechanisms beyond reporting failures to licensing boards and the attorney general, or any effective dates beyond statutory insertion; it also does not record public testimony or debate in the document filed with the House.