SESAME ACT Resources
Passing the trash occurs when a teacher accused of sexual abuse/misconduct resigns, retires or is terminated and is allowed to quietly move to another school/school district without his or her new employer being alerted to the allegations of misconduct.
The SESAME Act: State-Level Legislation to Stop Educator Sexual Misconduct
SESAME stands for Stop Educator Sexual Abuse, Misconduct, and Exploitation. This model legislation empowers states to protect students by closing accountability gaps in schools—ensuring that individuals who have harmed students cannot quietly move from one school to another.
What the SESAME Act Requires at the State Level
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Criminalize Educator–Student Sexual Relationships
Some states still lack laws that explicitly prohibit sexual conduct between school staff and students—even when the student is above the age of consent or has a disability. The SESAME Act addresses this gap.
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Eliminate "Passing the Trash"
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Prohibits confidentiality or separation agreements that conceal past sexual misconduct
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Requires schools and districts to disclose substantiated allegations or findings of sexual misconduct when contacted by a prospective employer
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Mandatory Background and Record Checks
Requires school districts to conduct thorough background checks—including review of personnel files and prior investigations—for any employee who will have contact with students.
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Annual Training for All School Employees
Mandates annual training for teachers, staff, contractors, and board members on how to recognize, report, and prevent sexual misconduct and abuse.
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Statewide Reporting and Accountability
Requires substantiated cases of sexual misconduct to be reported to the state education department and mandates that such individuals are barred from working in any K–12 school within the state.
Pennsylvania Act 168 of 2014
Pennsylvania Act 168 of 2014 Ban “Pass the Trash” Legislation
This legislation adds new requirements for the hiring of all positions at school entities and independent contractors of school entities that involve direct contact with children (defined as “the possibility of care, supervision, guidance or control of children or routine interaction with children”). The goal of the legislation is to identify those applicants that have been the subject of allegations, investigations or finding of abuse or sexual misconduct involving a child.
Video explanation Act 168 of 2014
Where Else Has It Been Adopted?
Several states have already enacted versions of SESAME legislation, including:
These state laws offer effective models that others can adopt and adapt to meet local needs.
Alignment with Federal Law
The federal Elementary and Secondary Education Act (ESEA), Section 8546, prohibits any school employee or administrator from helping someone gain new employment if there is probable cause to believe the person committed sexual misconduct with a student. The SESAME Act ensures this federal requirement is fully enforced at the state level, with clear procedures and penalties.
The S.E.S.A.M.E. Act Prohibits Passing the Trash by:
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Bans Concealment of Sexual Misconduct by prohibiting the use of confidentiality, separation, nondisclosure agreements, and clauses that allow files to be scrubbed.
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Mandates a complete employment history review to ascertain whether applicants to schools have been accused, investigated, and disciplined for sexual misconduct against students/minors in previous school employment settings.
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Defines grooming as an offense subject to investigation, discipline/licensure sanctions/prosecution.
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Statewide Reporting and Accountability
Requires substantiated cases of sexual misconduct to be reported to the state education department and mandates that such individuals are barred from working in any K–12 school within the state.
Letter from the U.S. Department of Education to the states about Section 8546.
Why States Should Act Now
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Protect Every Student: Close dangerous legal loopholes and ensure all students—especially those most vulnerable—are protected.
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Promote Transparency: Prevent school employees with a known history of misconduct from moving undetected between districts.
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Build Community Trust: Demonstrate a commitment to student safety and accountability.
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Strengthen Enforcement: Create consistent statewide standards for reporting, training, and prevention.
Take Action
State legislators, education leaders, and advocates can take the following steps:
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Draft and introduce a SESAME Act bill tailored to your state’s needs
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Collaborate with survivors, educators, parent organizations, and legal experts
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Use existing state models to inform bill language and implementation plans
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Ensure accountability and oversight mechanisms are built into the law
Social Media Toolkit
This social media toolkit was originally created in 2019 to pass the SESAME Act in Maryland. While it contains useful templates, sample posts, and presentations, please note that some information may be outdated due to changes in platforms, etc.. We encourage you to adapt and update the materials as needed to ensure they reflect current guidance and messaging.