Erin Sayar, a middle school tutor from Brooklyn, NY is avoiding jail time after having sex with one of her then 16-year-old male students in December 2011.

The New York Daily News reports that Sayar, 37, will have to serve ten years probation and surrender her teaching license as part of a plea bargain.

Sayar had sex with then 16-year-old Kevin Eng while she was a tutor at Brooklyn’s James Madison High School, which was nicknamed ‘Horndog High’ after a string of indecent incidents occurred at the school within the past few years.

Sayar and Eng had sex in classrooms and Sayar’s car during December 2011. Their relationship was discovered when Eng’s girlfriend saw on his Facebook that he had been messaging Sayar and said “I love you so much.”

A special commissioner for investigations for the Education Department revealed that the teacher and the boy exchanged nearly 4,000 text messages.

"The complainant and his family are amenable to the offer," Assistant District Attorney Serena Horowitz said in Brooklyn Supreme Court. "They stated to me that they don't want to see the defendant spend time in jail."

Sayar pleaded guilty to statutory rape of Eng, who was just a few weeks shy of 17 - the age of legal consent - at the time of the affair.

Assistant District Attorney Horowitz added that Sayar’s health "was part of the consideration when making the plea offer.” Sayar is reportedly suffering from Lymphoma.

Eng’s family had filed a $10 million lawsuit against the city and the Education Department.

Family lawyer Bruce Baron thanked prosecutors "for securing swift justice against Sayar, for her unlawful acts."

"We now look forward to aggressively pursuing all defendants responsible in the civil matter," he added.

Sayar’s sex offender status will be determined at an August 1st sentencing.

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