WASHINGTON, D.C. — The U.S. Department of Education has opened 20 investigations into school districts over possible failures to report and address staff-on-student sexual misconduct, expanding federal scrutiny of how K-12 systems handle allegations involving employees and other adults in positions of authority.
The Office for Civil Rights launched the directed investigations after reviewing districts’ 2023-24 Civil Rights Data Collection submissions. The responses suggested some districts may not have appropriate policies, reporting systems or procedures for handling allegations of sexual harassment and assault, according to the department.
The investigations will examine whether the districts accurately collected and reported misconduct data and whether their responses to allegations involving district employees complied with Title IX and other federal requirements.
The department did not identify the 20 districts in the information provided.
Alongside the investigations, federal officials issued guidance reminding schools that receive federal funding of their obligations under Title IX and the Elementary and Secondary Education Act.
The guidance directs schools to respond promptly to allegations of sexual harassment and assault, including misconduct involving teachers, administrators, staff members and students.
It also addresses the practice known as “passing the trash,” in which an employee suspected or accused of sexual misconduct is transferred or assisted in obtaining another education job rather than subjected to meaningful review or discipline.
Federal law requires states, districts and education agencies to maintain policies barring employees, contractors or agents from helping individuals obtain new school employment when there is knowledge or probable cause to believe they engaged in sexual misconduct involving a student.
“Schools that receive federal funding have a duty to protect students, report sexual misconduct honestly, and follow the law,” Education Secretary Linda McMahon stated.
The department also warned districts that inaccurate Civil Rights Data Collection submissions could lead to enforcement, particularly when a district reports no incidents of rape or sexual assault despite information suggesting otherwise.
Schools cannot rely solely on a law enforcement referral to satisfy their Title IX obligations, according to the guidance. Districts must continue their own timely and thorough grievance process unless another federal law requires otherwise.
Title IX prohibits sex discrimination in federally funded education programs and requires schools with knowledge of sexual harassment or assault to respond in a manner that is not deliberately indifferent.
Districts found out of compliance may face federal enforcement action, including potential termination of financial assistance.
Support the local news that supports Chester County. MyChesCo delivers reliable, fact-based reporting and essential community resources—free for everyone. If you value that, click here to become a patron today.