Education Department Opens 20 Investigations Into Adult Sexual Misconduct in K-12 Districts

The U.S. Department of Education’s Office for Civil Rights said Friday it is launching a nationwide K-12 initiative focused on adult sexual misconduct in schools and is immediately opening 20 directed investigations into school districts flagged by their 2023-24 civil rights data submissions.

The move puts new federal scrutiny on how school districts handle allegations that employees sexually harassed or abused students, and on whether districts are accurately reporting those incidents to the government. The Education Department said the reviews will examine whether the selected districts have appropriate policies and procedures and whether their handling of allegations complies with federal law.

In a July 10 press release, the office said the 20 investigations were selected because districts’ responses in the 2023-24 Civil Rights Data Collection, the federal government’s biennial K-12 civil-rights survey, “contained responses that suggest that districts might not be addressing staff on student sexual misconduct appropriately.” The department did not publicly name the 20 districts.

At the same time, the department said it has issued guidance to federally funded educational institutions reminding them of several obligations. Schools must respond promptly and appropriately to allegations of sexual harassment and assault, including claims involving employees. They also must adopt policies aimed at preventing so-called “pass the trash” practices, in which staff members credibly accused of sexual misconduct are able to move into new school jobs.

The guidance also tells schools to accurately collect and report incidents in the Civil Rights Data Collection and to conduct meaningful internal investigations. The department said schools should not simply defer to law enforcement or end a Title IX inquiry because police are involved.

The enforcement push rests on two federal laws. Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs and is the main law the Office for Civil Rights uses to enforce schools’ duties to respond to sexual harassment and assault. The department also said it is acting under the Elementary and Secondary Education Act, as updated by the Every Student Succeeds Act.

Congress added an anti-“passing the trash” provision when it reauthorized federal K-12 law through the Every Student Succeeds Act in 2015. The measure was intended to stop schools or districts from aiding or abetting the movement of employees suspected of sexual misconduct into new school jobs.

U.S. Secretary of Education Linda McMahon said in the press release: “Our schools must protect America’s children. Parents should never have to wonder whether their kids’ school employs and protects sexual predators. Schools that receive federal funding have a duty to protect students, report sexual misconduct honestly, and follow the law. Through this initiative, we are holding school districts accountable because every child deserves to learn in a safe environment free from sexual abuse and harassment.”

The department said the initiative combines new guidance, data-based scrutiny of district reporting and formal investigations that could lead to corrective action. It also said the Office for Civil Rights will “vigorously enforce” both Title IX and the federal K-12 law.

The opening of directed investigations does not mean the districts have been found to violate the law. The department said the inquiries are intended to determine whether districts’ policies, procedures and responses meet federal requirements.

Schools and districts that fail to comply with federal law may face enforcement action, the department said, including the potential termination of federal financial assistance.