Back to School: Passing the Trash

“Passing the trash” refers to shifting problematic issues or individuals from one entity to another to avoid addressing underlying problems. For our purposes, in education, this refers to a teacher leaving one school district and getting a new job at another without the disclosure of inappropriate behavior. It is not exclusive to education either. This practice also occurs in employment settings where an employer might transfer a problematic employee to another department. In environmental and safety contexts, businesses may transfer liabilities to subcontractors or other entities to evade their responsibilities.

Passing the Trash: A Terrifying Case Study

A notable example of passing the trash in education is illustrated by the case of Jason Fennes. Fennes was a former teacher at Montville Township Public School. He had abused four female first grade students between 2005 and 2008. When Fennes applied for a position at Cedar Hill Prep School in New Jersey in 2010, the Montville district did not disclose his prior allegations of sexual abuse or his suspension and resignation. This was due to a confidential separation agreement they had signed with Fennes. Had Cedar Hill Prep been aware of Fennes’ history, they might have reconsidered hiring him, potentially preventing further abuse. This case underscores the dangers of not disclosing critical information, allowing the cycle of abuse to continue.

The “Pass the Trash” law in New Jersey, effective June 1, 2018, addresses this issue. The law requires schools to review the employment history of those who will have regular contact with students. This review includes contacting former employers to uncover any pending or substantiated allegations of child abuse or sexual misconduct. The law aims to prevent predators from moving between institutions without proper disclosure, thereby protecting students.

How Pass The Trash Laws Work

Prospective employees must provide a list of their past employers, sign authorizations for information release, and disclose any allegations or investigations involving child abuse or sexual misconduct. Employers are required to review this history and contact previous employers for relevant information. Failure to respond within 20 days can lead to automatic disqualification of the applicant. While out-of-state employers are not compelled to cooperate, prospective employers must document their efforts to obtain necessary information.

Despite these measures, federal laws like Title IX and the Every Student Succeeds Act (ESSA) have had limited impact on preventing predators from finding new work. All states require criminal background checks for educators. However, a 2022 study from the U.S. Department of Education report highlights that only 27 states mandate checking applicants’ employment history and disciplinary status. Among these, only 11 states require disclosure of investigations or disciplinary actions related to sexual misconduct. Some states have enacted laws to address this issue, but enforcement remains inconsistent. For example, Texas has made it a felony for administrators to fail to report predatory teachers. However, there is no national standard.

Legislative Issues

Further complicating the issue, newer Title IX regulations allowed schools to dismiss complaints of sexual harassment or assault if the accused educator quit before or during an investigation. This loophole, criticized by advocates and lawmakers, undermines efforts to prevent passing the trash. Although ESSA includes provisions intended to address this problem, only a few states have fully implemented them. Many districts continue to struggle with compliance.

Recent legislation and proposed measures, such as those in New Jersey, aim to close gaps in protecting students and ensuring transparency. For instance, proposed federal databases could centralize information on disciplinary actions related to abuse, making it easier for schools to access and share critical information. The pass the trash laws and other efforts demonstrate how regulations can address sexual misconduct issues. By adhering to such laws and advocating for stronger national standards, organizations can better protect vulnerable populations. They can also prevent students from the harmful cycle of misconduct.