The way the statute reads it appears that it is only if the educator and student are within the same school. What about within the same school system, say a teacher at an elementary school having a relationship with a high school student, but all part of the same school system? Any thoughts?

Could a prior relationship, such as teacher had the student in elementary school have any bearing on the issue, or what if teacher taught at high school at the time student was there but now teaches elemetary school? What about rural communities where all the schools are basically in the same or same proximity building/buildings?

[This message was edited by pkdyer on 04-25-06 at .]

PK,

I got a call from an officer in Big Spring (which I know is fairly close to you by west texas standards) regarding this same issue last week. Without looking at the leg. intent, MHO is that they have to be in the same actual school.

To all you prosecutors that have educators cases, there is a world of "school" info out there that when I was a prosecutor I didn't even know existed so if you have an educator case, please feel free to email me at TEA and I can give you some clues where to look.

I remember the bill that led to this offense. You might want to look at the House Research Organization report on www.capitol.state.tx.us You might also want to look at the committee testimony. I want to say that they narrowed the bill somewhat from what was initially filed.

The statute appears to require that the student and defendant be at the same school. The law was passed to deter and punish a teacher who takes advantage of the student-teacher relationship.

Yes, I think that is the consensus. I looked at the bill history and it appears that language was added by the Senate Committee. Without looking at more legislative history I would guess that was the legislative intent behind adding that amendment.

It is interesting because there are many scenarios that would not technically fit into this category, but would infer a "special educator/teacher relationship." Like my examples, or what about a music or art teacher that travels from school to school but is not assigned to a particular school, is that teacher working at the school. It appears to allow for prosecution of a teacher in the same school even if there is not a teacher/student relationship between the two, yet does not allow for prosecution if a middle school teacher had inappropriate conduct with a high school student that was in his/her class the prior year just because they are not in the same school any longer.

We argued the constitutionality of the statute today in the 3d Court of Appeals in Austin.

Stacey, I'll keep you in mind in the event we end up in front of the Court of Criminal Appeals.