Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools

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Bibliographic Details
Title: Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools
Language: English
Authors: Anderson, Leslie M., Spector, Jason, Riley, Derek, Kidd, Sophie, Wilkerson, Stephanie B., Cosby, Anne C., Laguarda, Katrina, Office of Elementary and Secondary Education (OESE) (ED), SRI International
Source: Office of Elementary and Secondary Education, US Department of Education. 2022.
Availability: Office of Elementary and Secondary Education. 400 Maryland Ave SW, Washington, DC 20202. Tel: 202-401-0113; Fax: 202-205-0310; Web site: http://www2.ed.gov/about/offices/list/oese/index.html
Peer Reviewed: N
Page Count: 106
Publication Date: 2022
Contract Number: EDPEP16A0005
91990019F0329
GS10F0554N
Document Type: Reports - Research
Tests/Questionnaires
Education Level: Elementary Secondary Education
Descriptors: State Policy, Sexual Abuse, Sexual Harassment, Barriers, Program Implementation, State Legislation, School Personnel, Personnel Selection, Ethics, Educational Legislation, Elementary Secondary Education, Federal Legislation, Job Applicants, Access to Information, Disclosure, Compliance (Legal)
Laws, Policies and Program Identifiers: Elementary and Secondary Education Act
Abstract: In 2015, Congress added a provision in the reauthorization of the Elementary and Secondary Education Act of 1965 (ESEA) to help protect students from sexual abuse and misconduct in schools. ESEA Section 85461 requires states to have in place laws or policies that prohibit schools, local school districts, or state education agencies (SEAs) from assisting or "aiding and abetting" school staff 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 in violation of the law. This study examined states' development and implementation of laws and policies to prohibit aiding and abetting educator sexual misconduct in schools. The study also sought to describe the challenges states have encountered in implementing the requirements of Section 8546 and how they have addressed these challenges. The Department sought to understand how states are addressing implementation of the provisions in Section 8546 in order to inform the Department's technical assistance efforts to help SEAs with this section of the law. The study addressed four main questions: (1) To what extent do states have laws, regulations, codes of ethics, and/or policies that prohibit assisting or aiding and abetting the employment of school staff, contractors, or agents who have engaged, or where there is probable cause to believe they have engaged, in sexual misconduct with a student or minor?; (2) How did states develop laws, regulations, codes of ethics, and/or policies to address Section 8546?; (3) How are SEAs implementing laws, regulations, codes of ethics, and/or policies that prohibit aiding and abetting? and (4) What challenges have SEAs faced in implementing state laws or policies required under Section 8546? [For the corresponding Fact Sheet, see ED633391.]
Abstractor: ERIC
Entry Date: 2023
Accession Number: ED633390
Database: ERIC
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