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Authors

Noah Menold

Document Type

Article

Media Type

Text

Abstract

In school districts throughout the United States, school administrations often conceal employee-on-student sexual misconduct and allow the perpetrators to resign and continue their abuse of students at other school districts. The practice is known as passing the trash. In Doe-3 v. McLean County Unit District No. 5, the Illinois Supreme Court addressed a case of passing the trash and held that a school district does not owe an affirmative duty to a subsequent school district employer or its students; however, the court determined that a school district has a duty to provide accurate information about former employees. In an effort to eradicate the practice of passing the trash, the Illinois General Assembly amended the Abused and Neglected Child Reporting Act. This Comment argues that the narrow scope of Doe-3 v. McLean County Unit District No. 5 does very little for victims of passing the trash. In addition, this Comment argues that the Illinois General Assembly™s use of the Abused and Neglected Child Reporting Act was the wrong mechanism to prevent the practice, as the Act only works if school districts do not conceal employee-on-student sexual misconduct and report such incidents. Finally, this Comment proposes alternative legislative methods of preventing passing the trash by: (1) providing victims a civil cause of action against violators of the Abused and Neglected Child Reporting Act; (2) requiring school districts to conduct more comprehensive background checks; (3) requiring school districts to verify that transient school personnel remain in good standing; and (4) creating a cohesive national policy.

First Page

473

Last Page

506

Publication Date

2-1-2014

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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