WASHINGTON, D.C. — The U.S. Department of Education has opened civil rights investigations into school districts in eight states over allegations that officials failed to properly address sexual misconduct involving employees and students, expanding federal scrutiny of practices that can allow accused educators to remain employed or move between schools.
The department’s Office for Civil Rights is examining whether districts violated Title IX by failing to respond appropriately to allegations of sexual harassment and assault involving teachers, administrators and other school personnel.
The investigations are part of a federal enforcement initiative targeting the practice known as “passing the trash,” in which school employees accused of sexual misconduct are permitted or assisted in obtaining employment elsewhere.
Among the districts under investigation are the New York City Department of Education and Jefferson County Public Schools. Additional investigations involve districts in California, Georgia, North Carolina, Missouri, Texas and Virginia.
The New York City investigation will examine allegations of systemic failures to address sexual abuse complaints involving school employees.
The department cited reports that nearly 2,000 complaints filed under New York’s Child Victims Act accused schools, educators or staff members of sexual abuse.
Federal officials also cited allegations that accused employees were permitted to resign without disciplinary consequences or remain employed after complaints were settled.
Those allegations have not been established as findings of federal civil rights violations.
Jefferson County Public Schools is facing a separate investigation following allegations of widespread staff misconduct and reports of at least four recent arrests involving employees accused of sexually assaulting students on school grounds.
The other investigations involve allegations that districts failed to respond adequately to reports of employee misconduct, including inappropriate touching of elementary school students, sexual harassment involving a student with a disability, alleged groping of student athletes, and grooming of a middle school student.
The department did not identify the individual districts involved in those six states in its announcement.
“Schools have a duty to protect students from sexual harassment in schools and to respond appropriately when sexual misconduct occurs, especially when the predatory behavior is committed by school staff,” said Kimberly Richey, assistant secretary for civil rights.
Title IX prohibits sex discrimination in education programs receiving federal financial assistance and requires schools to respond appropriately to sexual harassment and assault allegations.
The Office for Civil Rights will evaluate whether the districts’ responses complied with those federal obligations.
Separate provisions of the Elementary and Secondary Education Act require states and federally funded school districts to maintain policies prohibiting employees, contractors, and education agencies from assisting individuals believed to have engaged in sexual misconduct involving students in securing employment at another educational institution.
Those restrictions are intended to prevent school systems from transferring potential risks to students at other institutions.
Districts found to have violated federal requirements may face enforcement measures, potentially including the termination of federal financial assistance.
The opening of an investigation does not establish that a district or its employees violated federal law.
The Education Department said individuals who believe a school, district, or state education agency has failed to comply with Title IX or the Elementary and Secondary Education Act may submit complaints to the Office for Civil Rights.
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.