Teacher Pleads Guilty to Rape of His Student : Crime: The Fallbrook band instructor could receive up to three years in prison. He must also stand trial in Bakersfield.

Fallbrook High School band teacher Kevin McLean pleaded guilty Tuesday to the statutory rape of one of his teen-age students and could be given a maximum three-year prison term when he is sentenced next month.

Appearing in shirt, tie and handcuffs, McLean, 32, entered his guilty plea before Vista Superior Court Judge William J. Howard Jr. In exchange, the district attorney’s office dropped two additional felony charges against him.

McLean’s defense attorney, Robert Boyce, called the settlement “an advantageous plea” because “he doesn’t want to drag these people through a trial.”

“He wants to put this behind him and start over with his life” as an antiques dealer now that his teaching days over, Boyce said.

But, before he does, McLean must stand trial in Kern County, where he faces the charge that, 2 1/2 years ago, he had unlawful sexual intercourse with a 16-year-old student while he was a music teacher at Wasco High School, before coming to Fallbrook two years ago.

In each of the cases, authorities alleged that the victims were seduced by the band teacher after he won their confidence.

McLean has already been bound over for trial in Bakersfield in July. He remains jailed in Vista in lieu of $80,000 bail pending his sentencing June 2, after which he will be transferred to Bakersfield.

The boyish-looking McLean was originally charged by the San Diego County district attorney’s office with having unlawful intercourse twice with one of his students, and once with a second student, on school grounds between April and July, 1991. The girls were 16 and 17.

One of the victims confided in a school counselor, who, as is required by law, notified the Sheriff’s Department. McLean was arrested Jan. 10.

Prosecutor Kate Elkin said she is satisfied with the plea bargain because “it saves the victims from testifying. They’ve already been privately traumatized by this whole situation.”

Elkin said she will speak with the teen-agers before making a sentencing recommendation to the judge, but will at least ask that McLean spend some time in custody.

Besides prison time, McLean could be fined $10,000 and receive up to four years of parole.