Sharing Problem-Teacher Data Among States: Why So Difficult?

When a teacher is accused of sexual misconduct, we often see the same pattern play out time and time again. They quietly resign, avoiding widespread scandal, and the school district protects its own reputation because it doesn’t have to answer how it let a potential sexual predator get hired. The teacher moves on to a new district (sometimes even another state) and gains access to students once again.

Unfortunately, this trend has happened many times across the country. Parents assume that licensing systems and hiring protocols will protect their children from potentially predatory teachers, but that simply isn’t the case. Learn more about how “pass-the-trash” practices endanger children and what options you have if your child is affected. If your child is dealing with the aftermath of a predatory teacher, we’re here to help. Call Taylor & Ring today.

Pass-the-trash: how predator teachers cross state lines unchecked

The pass-the-trash phenomenon shows exactly how teachers under investigation end up consistently employed, despite a troubling history of inappropriate behavior:

• A teacher is accused of sexual assault, misconduct, or inappropriate behavior
• Districts sometimes allow resignation to avoid contested termination proceedings
• The teacher receives a neutral (or even positive) reference letter in exchange for leaving quietly
• The teacher begins working in a new district or state
• The cycle repeats

This phenomenon isn’t new. In 2017, U.S.A. Today found dozens of teachers who had consistent access to potential victims because of this exact process. Teachers get their income back, schools wipe their hands clean of the entire endeavor, and students may or may not have access to education from safe, thoroughly vetted teachers. As is often the case, students are the ones who pay the most. While teachers do deserve due process, school districts must also be thorough in their screening and their transparency.

State-by-state breakdown: where teacher screening helps children

There is no comprehensive federal licensing or misconduct database for teachers, leaving most credentialing and discipline to the states, which means that it’s up to each state to decide how to screen and vet teachers. While efforts have increased considerably in recent years, there are still very obvious differences in how states strive to protect students. California is a great example of a state that puts students’ safety and education first. All licensure goes through the California Commission on Teacher Credentialing, which conducts fingerprint-based background checks, monitors for criminal activity, and requires districts to report certain serious misconduct investigations to them. Legislators consistently take steps to keep students safe.

There are many states with weaker safeguards in place. For example, remember that California requires districts to report certain serious misconduct, such as sexual misconduct, when disciplinary action or resignation occurs during an investigation. This targets the pass-the-trash practice. Many other states do not have similar safeguards, which makes it all too easy for a teacher caught in inappropriate behavior to take their lukewarm reference letter and go to a more lax state. New Mexico significantly strengthened its reporting and credentialing laws in 2021, closing gaps that previously allowed some educators to move between districts without full disclosure. Critics have alleged that gaps in background-check procedures and reporting allowed some educators to evade detection, rather than districts uniformly failing to conduct required checks.

Common questions about teacher sexual abuse

We understand that parents want nothing more than their children’s safety. We answer some of the most common questions regarding teacher sexual abuse:

• My child’s teacher moved from another state–what can I do to make sure they’re safe? You can look them up on your state’s licensing board website to find out if they have any disciplinary action against them. If you know where they moved from, you may also look into news stories from their old district to find out if there was an investigation.
• Can I sue the district if they knew the teacher was a threat but didn’t disclose that to teachers? If a district knew or should have known about prior misconduct, they may be liable for subsequent sexual assault. These cases are highly fact-specific, though.
• What is the NASDTEC Clearinghouse? This is a database that allows states to share information about educator discipline. However, participation is voluntary and inconsistent.
• Does a resignation mean that the teacher was cleared? Teachers may resign before investigations conclude, and in many cases, they take this route to protect themselves from disciplinary action.
• Are criminal charges required for disciplinary action? Licensing boards can take disciplinary action against teachers even if there are no criminal charges.
• Why don’t districts warn parents? Districts may cite privacy laws, concerns about defamation or wrongful termination lawsuits, or employment agreements.
• What should I do if I suspect abuse? Report concerns immediately to school administrators and your local child protection services agency. You may also want to reach out to an attorney who helps with sexual abuse in schools.
• Has this problem improved? It can be difficult to tell, thanks to differences in reporting requirements across the country. However, many states have ramped up their oversight requirements in recent years.

Why this matters for parents

This is a systemic issue that leaves parents in a position where they must worry about their children when they go to school every day. Parents deserve to know that their children are being cared for by safe, thoroughly vetted adults every day. When schools fail in this, parents have the right to demand answers for gaps in reporting, quiet resignations, and inadequate screening processes. You can seek justice and hold perpetrators accountable with a teacher sexual abuse attorney.

Protect your children with Taylor & Ring

If your child has been victimized by a predatory teacher, they deserve better. Get the help you need with Taylor & Ring. Call us today or get in touch online now.