State Laws and Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools

• In Event: In Pursuit of the Truth: School Employee Sexual Misconduct

Abstract

The Elementary and Secondary Education Act of 1965 (ESEA), as reauthorized in 2015, includes a provision to help protect students from sexual abuse and misconduct. ESEA Section 8546 requires states to adopt laws or policies that prohibit K–12 employers from assisting or aiding and abetting school employees, contractors, or agents in obtaining a new job if they are known or believed, with probable cause, to have engaged in sexual misconduct with a student or minor. Section 8546 applies to every state, state education agency (SEA), and local school district that receives ESEA funds, but it does not define “assisting” or “aiding and abetting.”

This presentation will share results from a study funded by the U.S. Department of Education that examined how states responded to the requirements of Section 8546 by enacting state laws, regulations, and policies to prohibit aiding and abetting. Study methods included a systematic review of 495 state laws, regulations, and codes of ethics, and interviews with 122 state education agency representatives in 48 states.

As of October 2020, all 51 states required criminal background checks, and 35 states had adopted at least one other provision that could help to prevent school staff who are known or believed with probable cause to have engaged in sexual misconduct with a student or minor from obtaining new employment in education. Attendees will learn about four categories of state laws and policies intended to close loopholes that often allow offenders to slip through the cracks and find employment in other schools. Specifically, presenters will describe state laws and policies that include requirements for prospective employers, job applicants, current and former employers, and prohibitions on the suppression of information about employee misconduct. Presenters will also share strategies and challenges in the development and implementation of state laws and policies and areas of needed support.

Authors

• Stephanie B. Wilkerson, Magnolia Consulting, LLC.
  Presenting Author

• Leslie M. Anderson, Policy Studies Associates
  Presenting Author