Accused by 3 former students of sexual assault, Rep. David Byrd still has an active teaching license

More than a year after three former students accused Rep. David Byrd of sexually assaulting them while he was a teacher in the 1980s, his state-issued teaching license is active and has not been subject to any review.

Byrd, R-Waynesboro, was a longtime physical education, health and biology teacher at Wayne County High School, where he also coached the girls basketball team for 24 years. He went on to become the school's principal for eight years before retiring.

In a story published in March 2018 by Nashville television station WSMV, three women accused Byrd of sexually assaulting them while they were 15 and 16 years old.  Since then, Byrd has faced calls to resign from Lt. Gov. Randy McNally, R-Oak Ridge, and former House Speaker Beth Harwell, R-Nashville.

While Gov. Bill Lee was initially reluctant to speak out on the issue, after meeting in March with Christi Rice, one of Byrd's accusers, Lee two weeks ago said he found Rice credible and that it was "past time for him to address these allegations publicly."

But Byrd's teaching license remains intact, according to Department of Education records. Now, the chairmen of both the House and Senate education committees say action should be taken to reevaluate his standing with the state board.

"I used to teach school, and I have absolutely no tolerance for any adult who would misbehave around a child, whether it be acting such as that or anything else," said Rep. Mark White, R-Memphis, who chairs the House education committee and says he believes the women who have accused Byrd of sexual assault.

"I think even at this point, the state board should say you don’t have a license until this is settled one way or another," said White. 

Sen. Dolores Gresham, R-Somerville, chair of the Senate education committee, said she finds it concerning that a teacher with those allegations against him would remain licensed.

"I am deeply concerned about anyone holding a license to teach where there are allegations regarding sexual misconduct — anyone," Gresham said.

Gresham said she understands that a criminal investigation should take place in order for the state Board of Education to "legally take the license" based on the facts uncovered. 

"I would encourage that process to begin in any and every circumstance in which sexual misconduct by a teacher has occurred," Gresham said.

Lee's office did not respond Wednesday to a request for comment on whether he was concerned that Byrd was still licensed to teach in the state, or whether he believed the status of Byrd's license should be reviewed.

State education board says it's 'extremely difficult' to review old allegations

Byrd, commonly known in his hometown by the nickname "Coach," has been licensed to teach in Tennessee since 1981. 

Elizabeth Tullos, a spokesperson for the state Board of Education, which is tasked with determining whether a teacher's license should be suspended or revoked, said the board relies on complaints filed by local school districts, as well as from law enforcement or the Department of Children's Services.

"The Board’s staff is aware of the allegations that have been reported in the media, however, the Board is a review board, not an investigative board," Tullos said in a statement.

"It is extremely difficult, absent any official report or outside investigation, to review allegations that are over 30 years old."

Byrd has not denied the allegations made against him. Last spring, he released a statement saying he had done nothing wrong while in office at the legislature and questioned the motivation of the women speaking out against him.

None of the women accusing Byrd filed complaints with law enforcement at the time, and their accusations are now outside the statute of limitations for prosecution.

Senate education chairman says student protections weren't in place 30 years ago

Gresham in 2018 sponsored five bills dealing with teacher misconduct, including sexual misconduct involving students.

She acknowledged that fewer safeguards were in place in the 1980s to both protect students from teacher misconduct and to encourage the reporting of such misdeeds to officials.

"The process 33 years ago, when these alleged acts of sexual misconduct occurred, did not provide all of the needed protections for students," Gresham said. "That is not acceptable and we have remedied that with the 2018 legislation."

Each piece of legislation passed, including bills to:

• Flag sexual predators in the teacher licensure application process;
• Prohibit school districts from entering a nondisclosure agreement about a teacher's sexual misconduct;
• Update the state teacher code of conduct on teacher-student relationships;
• Allow the state board to reprimand school directors for not reporting misconduct; and
• Requires the state board to post final teacher disciplinary action on its website to allow other districts in and out of state to access information about action taken against a teacher's license.

White said the state board met last week, taking up cases of other teachers who are facing suspension or revocation due to sexual misconduct and inappropriate communication with students.

"So what's fair for the goose is fair for the gander," White said. "I think we have to have zero tolerance when we’re talking about innocent children."

White said he would "have no problem" with the board taking it upon itself to review the allegations against Byrd if there is a legal way to do so.

"That’s where we're all kind of in a bad spot when people ask us 'What should be done?'" White said. "(Nearly 80) percent of his district voted him in. We can't override that."

This year, Gresham also sponsored a bill to extend the statute of limitations on child sex crimes, though it does not apply retroactively.

Under the legislation signed by the governor, the statute of limitations for sex offenses involving 13- to 17-year-olds is removed if the victims report the abuse before turning 23.

After that, the statute of limitations is extended for 25 years after turning 18, and if that deadline passes, prosecutors can still pursue the crime with credible evidence.

The bill completely removes the statute of limitations on sex crimes involving victims under 13.

Reach Natalie Allison at nallison@tennessean.com. Follow her on Twitter at @natalie_allison.

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