Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H573 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3103 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 573
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carole A. Fiola
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect children from adults in positions of authority or trust.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carole A. Fiola6th Bristol1/16/2025John R. Gaskey2nd Plymouth1/28/2025Patrick Joseph Kearney4th Plymouth2/3/2025John J. Lawn, Jr.10th Middlesex2/20/2025 1 of 7
16	16	HOUSE DOCKET, NO. 3103 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 573
18	18	By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 573) of
19	19	Carole A. Fiola and others that the Department of Elementary and Secondary Education be
20	20	authorized to adopt an abuse prevention policy. Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to protect children from adults in positions of authority or trust.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 119A the
30	30	2following chapter:-
31	31	3 CHAPTER 119B. CHILD SEXUAL ABUSE PREVENTION
32	32	4 Section 1. For the purposes of this chapter, the following words and phrases shall have
33	33	5the following meanings:-
34	34	6 “Abuse”, an act involving a minor that constitutes a sexual offense under the laws of the
35	35	7Commonwealth or any sexual misconduct between an adult and a minor under the care of that
36	36	8individual.
37	37	9 “Abuse prevention policy”, a policy adopted by a school that supports the prevention of
38	38	10sexual abuse by outlining a code of conduct for employees that identifies inappropriate behavior
39	39	11between a teacher and a minor or student.   2 of 7
40	40	12 “Age-appropriate”, topics, messages and teaching methods suitable to particular ages or
41	41	13age groups of children and adolescents, based on developing cognitive, emotional, and
42	42	14behavioral capacity typical for the age or group.
43	43	15 “Department, the Massachusetts department of elementary and secondary education.
44	44	16 “Employee”, a person defined as such in section 148B of chapter 149.
45	45	17 “Job performance” includes, but is not limited to, abilities, attendance, attitude, awards,
46	46	18demotions, disciplinary actions, duties, effort, knowledge, promotions, skills, and in the case of a
47	47	19former school employee, the reasons for separation.
48	48	20 “Mandated reporter”, a person defined as such in section 21 of chapter 119.
49	49	21 “Minor”, a person under 18 years of age.
50	50	22 “School”, a public or private educational institution that serves minors in the
51	51	23Commonwealth, including an entity with the mission of providing activities and socialization for
52	52	24minors that is operated by such an educational institution.
53	53	25 “Sexual misconduct”, any action directed towards or with a minor, regardless of the age
54	54	26of the minor that is designed to promote a romantic or sexual relationship with the minor. Such
55	55	27acts, include but are not limited to:
56	56	28 sexual or romantic invitation;
57	57	29 dating or soliciting dates;
58	58	30 engaging in sexualized or romantic dialogue;   3 of 7
59	59	31 making sexually suggestive comments;
60	60	32 self-disclosure or physical exposure of a sexual, romantic or erotic nature; or
61	61	33 any sexual, indecent, romantic or erotic contact with a minor or student.
62	62	34 Section 2. School Abuse Prevention Policies
63	63	35 (a) Every school shall adopt the abuse prevention policy as set forth by the department of
64	64	36elementary and secondary education. The abuse prevention policy shall support the prevention of
65	65	37sexual abuse by outlining a code of conduct for employees that identifies inappropriate behavior
66	66	38for employees and students. The policy shall also detail the institution’s procedures for meeting
67	67	39its obligations under section 51A of chapter 119.
68	68	40 (b) The department, in consultation with the office of the child advocate, the department
69	69	41of children and families and the department of early education and care shall create the abuse
70	70	42prevention policy for schools across the Commonwealth.
71	71	43 (c) The department shall review the model abuse prevention policy at least once every 5
72	72	44years to ensure it includes up-to-date information and best practices.
73	73	45 Section 3. School Employee Sexual Abuse Prevention Education
74	74	46 (a) All mandated reporters employed by a school shall receive instruction biennially on
75	75	47the prevention, identification, and reporting of child sexual abuse. This instruction shall include
76	76	48comprehensive training and information to help schools and their personnel:
77	77	49 (1) recognize, appropriately respond to and prevent behaviors violating the school abuse
78	78	50prevention policy;   4 of 7
79	79	51 (2) recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or
80	80	52abusive behaviors between minors’ served by schools;
81	81	53 (3) identify the ways in which the behavioral and verbal cues for sexual abuse differ from
82	82	54those of other abuse and neglect;
83	83	55 (4) support the healthy development of students and minors, and the building of
84	84	56protective factors, to mitigate against their sexual victimization by adults or by other minors;
85	85	57 (5) respond to disclosures of sexual abuse or reports of behaviors violating the abuse
86	86	58prevention policy of adults or minors in a supportive and appropriate manner that meets
87	87	59mandated reporting requirements under section 51A of chapter 119;
88	88	60 (6) seek out community resources available to assist schools in the prevention,
89	89	61identification, reporting and referral to treatment of cases involving the sexual abuse or
90	90	62exploitation of minors.
91	91	63 (b) The department shall use tested, research-based instructional materials that meet the
92	92	64requirements of subsection (a). The mode of delivery for the trainings may include in-person or
93	93	65e-learning instruction.
94	94	66 (c) The department shall adapt, implement and maintain an existing evidence-based
95	95	67online or in-person training course to satisfy the requirements of subsection (b); provided,
96	96	68however, that if the department cannot find an existing program to adapt to this purpose, then the
97	97	69department shall create, implement, maintain and update such a training program; provided
98	98	70further, that such training program shall be provided to schools at no cost.   5 of 7
99	99	71 (d) For each training required under this section, each school shall maintain records that
100	100	72include the names of the individuals within their school.
101	101	73 (e) The department shall make the abuse prevention policy publicly available on its
102	102	74website.
103	103	75 Section 4. Youth Sexual Abuse Education
104	104	76 (a) Every school that serves elementary or secondary school students and every youth-
105	105	77serving organization shall provide age-appropriate instruction to help students and children
106	106	78served by such schools:
107	107	79 (1) recognize and report inappropriate behavior in adults that may indicate that they pose
108	108	80a sexual risk to minors
109	109	81 (2) recognize and report inappropriate behaviors in other children that may indicate that
110	110	82they pose a sexual risk to children and youth
111	111	83 (3) learn how to develop healthy and respectful interpersonal relationships, including
112	112	84appropriate body boundaries and privacy rules;
113	113	85 (4) learn how to communicate effectively to trusted adults and any concerns they do have
114	114	86about body boundaries or privacy violations
115	115	87 (5) learn about available school and community resources to prevent and respond to
116	116	88sexual abuse; and
117	117	89 (6) recognize and understand the consequences of false, inaccurate, or exaggerated
118	118	90reports and the importance of children reporting honestly to the best of their ability.  6 of 7
119	119	91 (b) The department shall use tested, research-based instructional materials that meet the
120	120	92requirements of subsection (a) and assist schools in implementing the program. The mode of
121	121	93delivery for the trainings may include in-person or e-learning instruction. For each training
122	122	94required under this section, each school shall maintain records that include the names of the
123	123	95individuals within their school who participated in the training during that year. The department
124	124	96shall make the abuse prevention policy publicly available on its website.
125	125	97 SECTION 2. Chapter 268 of the General Laws is hereby amended by inserting after
126	126	98section 21A the following new section:-
127	127	99 Section 21B. A person over the age of 21 who is employed by or contracts with a public
128	128	100or private school, the department of elementary and secondary education, the department of
129	129	101youth services, the department of children and families, the department of mental health, the
130	130	102department of developmental services or a private institution that provides services to clients of
131	131	103such departments, who is a teacher, administrator or a person in a similar position of authority in
132	132	104the school, department or institution and, in the course of such employment or contract or as a
133	133	105result thereof, engages in, within or outside of the school, department or institution, sexual
134	134	106relations with a person who is (i) under the age of 19, has not received a high school diploma,
135	135	107general educational development certificate or equivalent document and is served by the school,
136	136	108department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has
137	137	109not received a high school diploma, general educational development certificate or equivalent
138	138	110document and is served by the school, department or institution, shall have a cause of action
139	139	111against such an employee or contractor, under chapter 260, section 4C. In a civil action
140	140	112commenced under said section, a person served by such school, department or institution shall be
141	141	113deemed incapable of consent to sexual relations with such an employee or contractor.   7 of 7
142	142	114 SECTION 3. Chapter 268 is hereby further amended by inserting after section 21B the
143	143	115following new section:-
144	144	116 Section 21C. A person over the age of 21 who is employed by or contracts with a public
145	145	117or private school, the department of elementary and secondary education, the department of
146	146	118youth services, the department of children and families, the department of mental health, the
147	147	119department of developmental services or a private institution that provides services to clients of
148	148	120such departments, such as an administrator, teacher, counselor, coach, bus driver, or a person in a
149	149	121position of authority in the school, department, or institution, and in the course of such
150	150	122employment or contract or as a result thereof, engages in, within or outside of the school,
151	151	123department or institution, sexual relations with a person who is: (i) under the age of 19, has not
152	152	124received a high school diploma, general educational development certificate or equivalent
153	153	125document and is served by the school, department or institution; or (ii) under the age of 22, has
154	154	126special needs under chapter 71B, has not received a high school diploma, general educational
155	155	127development certificate or equivalent document and is served by the school, department or
156	156	128institution, shall be punished by imprisonment in a state prison for not more than 5 years or in a
157	157	129jail or house of corrections for not more than 2 ½ years, by a fine of $10,000 or by both such fine
158	158	130and imprisonment. Registration as a sex offender shall be required. In the case of a teacher or
159	159	131other licensed professional, revocation of the teaching certificate or professional license shall
160	160	132also be required. In a prosecution commenced under this section, an individual served by such
161	161	133school, department or institution shall be deemed incapable of consent to sexual relations with
162	162	134the person.