Education Department Investigates School Districts Over Handling of Staff Sexual Misconduct Allegations

The U.S. Department of Education announced Oct. 6 that it opened civil rights investigations into school districts across multiple states over their handling of allegations that employees sexually harassed or assaulted students.

The department’s Office for Civil Rights will examine whether the districts violated Title IX, the federal law prohibiting sex discrimination in federally funded education programs. The investigations concern responses to allegations involving teachers, administrators and other school personnel.

The cases are part of a nationwide initiative targeting practices commonly called “passing the trash,” in which educators suspected of sexual misconduct receive assistance obtaining jobs at other schools.

Opening an investigation does not establish that a district violated federal law. The announcement did not include findings from the newly opened cases.

In New York City, investigators will examine allegations that school officials enabled abuse by allowing accused employees to resign without accountability or remain employed after settlements involving misconduct claims, according to the department.

The department also announced an investigation into Jefferson County Public Schools, citing reports of staff misconduct, parent protests and at least four recent staff arrests involving allegations of sexual assault against students on campus. Arrests and allegations do not establish guilt.

Additional investigations involve districts in California, Georgia, North Carolina, Missouri, Texas and Virginia. The department did not name those districts in its announcement.

Across those cases, officials cited allegations involving inappropriate touching of elementary school students, sexual harassment of a student with a disability by a paraprofessional, groping of female student athletes by a coach and grooming of a middle school student by a staff member.

Investigators will examine whether district officials responded to those reports as federal law requires.

“Parents and families should be able to send their kids to school without fear that they will be targeted by school staff,” Assistant Secretary for Civil Rights Kimberly Richey said.

According to the department, Title IX requires schools with knowledge of sexual harassment or assault to respond promptly and without deliberate indifference.

The department also pointed to the Elementary and Secondary Education Act, which requires federally funded states and school districts to maintain policies prohibiting assistance in obtaining another school job for individuals believed to have engaged in sexual misconduct involving a student.

Institutions found out of compliance with federal law could face enforcement action, including the potential loss of federal financial assistance, the department said.

The announcement did not provide a timeline for completing the investigations or include responses from the districts.