U.S. Department of Education Launches National K-12 Initiative to Protect Students from Adult Sexual Predators in Schools

The U.S. Department of Education’s Office for Civil Rights (OCR) today launched a national K-12 initiative to crack down on sexual predators in schools. The Trump administration has observed a troubling and recurring trend in schools across the country of credible reports of sexual abuse and harassment by adults in positions of authority without investigation or of alleged offenders being transferred to new schools or roles within the district. When school administrators protect adults accused of molesting or harassing children from serious consequences, thereby allowing them to continue harming children in another environment, it is called “littering the trash.” To combat this trend, the Trump Administration issued guidance reminding federally funded educational institutions of their legal obligations to protect children and respond appropriately to incidents of sexual misconduct under the Elementary and Secondary Education Act (ESEA) and Title IX of the Education Amendments of 1972 (Title IX).

Additionally, OCR is opening 20 directed investigations into school districts whose 2023-24 Civil Rights Data Collection (CRDC) submissions contained responses suggesting that districts may not be appropriately addressing staff regarding student sexual misconduct. The investigations will determine whether districts have appropriate policies and procedures in place to ensure the accuracy of data collection and reporting of these incidents and whether their handling of allegations of sexual harassment, including sexual assault by district employees, complies with federal law.

“Our schools must protect America’s children. Parents should never have to wonder whether their children’s school is employing and protecting sexual predators,” said U.S. Secretary of Education Linda McMahon. “Schools that receive federal funding have a duty to protect students, honestly report sexual misconduct, 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.”

These guidelines remind federally funded educational institutions of their legal obligations under the ESEA and Title IX to protect students from sexual misconduct: schools must respond promptly and appropriately to allegations of sexual harassment, maintain policies that prevent employees who have been credibly accused of sexual assault from transferring to new schools or different roles to avoid accountability, and ensure students have equal access to educational opportunities without sex discrimination.

Protecting Students from Sexual Misconduct: Schools must respond promptly and appropriately to allegations of sexual harassment and sexual assault, including sexual misconduct by teachers, administrators, staff, and other students, consistent with Title IX. Preventing “Passing the Trash” Practices: The ESEA requires states, school districts, and educational agencies to adopt laws, regulations, and policies that prohibit assisting school employees, contractors, or agents in obtaining new employment if there is knowledge or probable cause to believe that they have engaged in sexual misconduct involving a student. States and school districts that fail to maintain adequate safeguards risk violating federal law. Accurately collect and report data: Schools must ensure that information submitted through civil rights data collection is complete and accurate. Under the first Trump administration, the CRDC was enhanced by the addition of school-level reporting on cases of sexual assault against students, making it the first universal data collection to systematically capture this information. Despite the Biden administration’s attempt to remove these reporting requirements, districts remain responsible for accurately reporting incidents. Districts that report inaccurately – or fail to report any incidents of rape or sexual assault despite evidence suggesting otherwise – may face OCR enforcement. Conduct meaningful investigations: Schools must thoroughly investigate allegations of sexual misconduct and cannot rely solely on referrals to law enforcement to satisfy their obligations under Title IX. They also cannot suspend or terminate their investigation once law enforcement becomes involved unless another relevant federal law requires it. Institutions must ensure that their complaints procedures are rapid, thorough and truly responsive.

The Office for Civil Rights enforces Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in educational programs and activities receiving federal financial assistance. Title IX requires schools that become aware of instances of sexual harassment or sexual assault to respond promptly and in a manner that is not deliberately indifferent.

The ESEA also requires states and school districts receiving federal funds to maintain policies prohibiting school employees, contractors, agents, and educational agencies from helping individuals suspected of committing sexual misconduct involving a student obtain new employment at another educational institution. These protections are intended to prevent the practice commonly known as “passing the trash.”

The Department will vigorously enforce ESEA and Title IX to ensure that schools meet their legal obligations, protect students from sexual misconduct, and provide every child with a safe learning environment. Institutions that fail to comply with federal law may face enforcement action, including potential termination of federal financial assistance.

Anyone who believes that a school, school district, or public educational agency has failed to comply with ESEA or Title IX may file a complaint with the Department of Education’s Office for Civil Rights. Information about filing a complaint is available on the OCR website.

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