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SILVER SPRING, Md. (WUSA9) -- Legislators in Montgomery County are trying to do something about a loophole in the system, which allowed a teacher to remain innocent after he allegedly had sex with a student a few years ago.

In January of 2012, 47-year-old Montgomery County school teacher Scott Spear was accused of having sex with a 16-year-old girl he was coaching at Montgomery Blair High School. Spear steadfastly denied the charges.

In March of that year, the charges were dropped, not because prosecutors thought Spear did nothing wrong, but because Maryland law did not cover the circumstances.

It turned out Spear was only coaching part time at the high school after pulling his full time shift as an eighth grade social studies teacher at Julius West Middle School.

"Essentially, he groomed a victim in middle school, and then in his position as a part time coach at high school had sex with his teen victim," said Maryland State Senator Jamie Raskin.

Spear was not prosecuted first because of his part time status at the high school and second because the girl was 16, which is the age of consent in Maryland.

Raskin and supporters want to close the loophole.

"We don't send our kids to school with the expectation that the teachers and coaches are going to be trolling for dates and trying to sleep with the students. So I understand what the age of consent is but this bill goes to exploitation of positions of power over young people," said Raskin.

Raskin's bill has had hearings in the Senate. It awaits action in the Maryland House of Delegates where similar legislation has failed in the past.

Meanwhile Scott Spear has resigned from Montgomery County Schools and he maintains his innocence.

Slideshow: Notorious Teacher Sex Scandals

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