A recent report from state investigators highlights systemic flaws in a law aimed at preventing teachers with histories of sexual misconduct or child abuse from securing jobs in other school districts. The law, known as “pass the trash” and enacted by Gov. Phil Murphy in 2018, was designed to address concerns that teachers fired for inappropriate behavior could easily find employment in other districts within the state.
However, the State Commission of Investigation’s 24-page report, released Tuesday, reveals that the law is susceptible to manipulation by both child predators and schools seeking to evade accountability. The report details instances where school officials failed to disclose past misconduct by teachers, allowing them to secure employment elsewhere. In some cases, educators with troubling histories were hired without their new employers being made aware of their past behavior.
The law relies heavily on teachers to self-report their past misconduct to employers, a provision that investigators argue is inadequate. Additionally, school districts have continued to enter into confidential settlements with teachers accused of misconduct, further undermining the law’s effectiveness.
Assemblyman Jay Webber, who helped author the law, expressed disappointment at the findings, emphasizing the need for legislative action to address the law’s shortcomings.
The law introduced several provisions to enhance background checks for teachers, including requirements for employers to contact former employers and mandates for applicants to disclose past employment history and misconduct allegations. It also prohibits schools from entering into agreements that suppress information about sexual misconduct or abuse allegations.
Despite these measures, the State Commission of Investigation found significant inconsistencies in how districts collect, verify, and report information on employee misconduct. Without standardized processes or oversight mechanisms, schools lack assurance that information provided by applicants or previous employers is accurate or consistently shared with successor districts.
Moving forward, legislators are urged to revisit the law to close loopholes and strengthen enforcement measures. Proposed reforms include tougher penalties for non-compliance and empowering the Department of Education to enforce the law.
The report underscores the critical importance of taking the law seriously to safeguard students, especially amid ongoing efforts to address teacher shortages in the state.