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 pattern in schools across the nation of credible reports of sexual abuse and harassment by adults in positions of authority going uninvestigated or of suspected offenders being transferred to new schools or roles in the district. When school administrators protect adults accused of assaulting or harassing children from meaningful consequences, enabling them to continue harming kids in another environment, it is referred to as “passing the trash.” To combat this trend, the Trump Administration issued guidance reminding federally funded educational institutions of their legal obligations to safeguard children and appropriately respond 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 that suggest that districts might not be addressing staff on student sexual misconduct appropriately. The investigations will determine if the districts have appropriate policies and procedures in place to ensure accurate data collection and reporting of these incidents occurs and if 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 kids’ school employs and protects sexual predators,” said U.S. Secretary of Education Linda McMahon. “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.”  

This guidance reminds federally funded educational institutions of their legal obligations under 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 being transferred to new schools or into different roles to avoid accountability, and ensure students have equal access to educational opportunities free from sex discrimination. 

• Protect 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. 

• Prevent “Pass the Trash” Practices: ESEA requires states, school districts, and educational agencies to institute 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 they 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 information submitted through the Civil Rights Data Collection is complete and accurate. During the first Trump Administration, the CRDC was enhanced by the addition of school-level reporting on instances 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 inaccurately report—or report zero 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. Nor may they suspend or terminate their investigation once law enforcement gets involved, unless so required by other pertinent federal law. Institutions must ensure their grievance procedures are timely, thorough, and genuinely responsive. 

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

ESEA also requires states and school districts receiving federal funds to maintain policies that prohibit school employees, contractors, agents, and educational agencies from assisting individuals believed to have engaged in sexual misconduct involving a student in obtaining new employment with 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 schools fulfill 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 the potential termination of federal financial assistance. 

Anyone who believes that a school, school district, or state 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 OCR’s website.