The U.S. Department of Education has launched a comprehensive initiative to address the critical issue of teacher sexual misconduct in schools. This effort aims to ensure that allegations are promptly and thoroughly investigated, and that educators facing such allegations are not simply reassigned or allowed to move to other districts without consequences.
The initiative, announced on July 10, 2026, focuses on combating the practice known as “passing the trash,” where schools reassign or allow educators accused of sexual misconduct to move to different positions or districts, enabling them to continue harming students. The Department of Education has issued new guidance to school districts, outlining their legal obligations under federal education laws and initiating investigations into how 20 school districts in 15 states are handling allegations of sexual abuse and harassment.
Understanding the Scope of the Problem
The guidance cites past studies and investigations, including a 2010 Government Accountability Office (GAO) report that examined 15 cases where public and private schools hired staff with histories of sexual misconduct. In six of these cases, the employees went on to abuse more children. Contributing factors included districts allowing staff to resign rather than face discipline, providing positive references to new employers, conducting incomplete criminal history checks, or failing to investigate troubling criminal history information on job applications.
Recent reporting by ProPublica and KQED revealed that 67 California teachers, determined by their schools to have committed sexual harassment or misconduct, retained their teaching licenses. In these cases, schools reported these teachers to the state’s teacher credentialing commission, but the state board did not revoke their licenses, citing that criminal convictions, not school district findings, trigger license revocations.
Key Components of the Initiative
The Education Department’s guidance instructs schools to respond promptly to allegations of sexual misconduct, institute policies that prohibit employees from obtaining new roles within the district if there is probable cause to believe they engaged in sexual misconduct with a student, accurately collect and report related data, and conduct prompt and thorough investigations. The department has threatened to withhold federal funding from districts that do not comply with these regulations.
The Office of Civil Rights is opening 20 investigations into districts whose civil rights data from the 2026-24 school year suggest they might not be addressing staff-on-student sexual misconduct appropriately. These inquiries will examine the districts’ policies and procedures to ensure accurate data collection and reporting, as well as compliance with federal law regarding the handling of allegations of sexual harassment, including sexual assault by district employees.
State-Level Actions and Future Steps
Several states have taken action to tackle this issue. In October 2026, California Governor Gavin Newsom signed SB 848 into law, establishing new requirements to improve student safety by addressing employee misconduct and creating a statewide system to track such investigations. In Oklahoma, Governor Kevin Stitt signed SB 1733 into law on April 22, mandating that schools report any allegation of child sexual abuse to law enforcement agencies within 24 hours before any school-level investigation begins.
The Education Department’s initiative underscores the critical need for schools to protect students and ensure that allegations of sexual misconduct are addressed promptly and thoroughly. By holding districts accountable and providing clear guidance, the department aims to create safer learning environments for all students.
