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