U.S. Department of Education Emphasizes District Obligations Regarding Adult Sexual Misconduct

On July 10, 2026, the U.S. Department of Education issued a Dear Colleague Letter (DCL) reminding public schools of their obligation to prevent and respond to sexual misconduct involving students. The guidance does not create new legal requirements, but it signals renewed federal enforcement attention on district compliance with the Elementary and Secondary Education Act, Title IX, and related reporting and investigation obligations.

Key Takeaways

First, the DCL addresses the ESEA, emphasizing state and local educational agency responsibilities to maintain laws, regulations, and policies to prohibit school employees, contractors, agents, and educational agencies from helping a school employee or contractor obtain a new position when there is knowledge or probable cause to believe that the individual engaged in sexual misconduct involving a student. 

Second, the DCL addresses Title IX. The guidance reiterates that Title IX and the Department’s implementing regulations require recipients of federal funds who have actual knowledge of sexual harassment by school employees or students to respond promptly and in a manner that is not deliberately indifferent.  The letter goes on to explain that local policies and/or collective bargaining agreements can neither trump a school district’s obligations nor excuse a Title IX violation.  The Department also points out that, in certain cases, school officials have ignored allegations entirely or allowed teachers subject to investigation and probable disciplinary action to resign, “thereby burying evidence of sexual misconduct.” 

The DCL also references mandatory reporting responsibilities of school districts and reminds districts that “while schools may notify law enforcement or some other local or state entity mandated to receive reports of suspected sexual abuse, a recipient must still independently investigate these incidents consistent with Title IX’s requirements. Referral to law enforcement or other investigative entities – alone – is not sufficient to meet the school’s obligations under Title IX.”

The DCL ends by indicating that OCR will continue to conduct directed investigations of this type of sexual misconduct. The Department reiterates that schools that allow sexual misconduct to occur risk the termination of federal financial assistance provided by the federal government.

District Action Steps

 In light of the DCL, districts should consider taking the following practical steps:

• Review board policies and administrative guidelines addressing sexual harassment, employee misconduct, mandatory reporting, Title IX grievance procedures, and staff separation/resignation practices.
• Confirm that hiring and reference practices comply with ESEA requirements, including prohibitions on assisting an employee, contractor, or agent in obtaining new employment when the district knows or has probable cause to believe the individual engaged in sexual misconduct involving a student.
• Review collective bargaining agreement language to ensure no provision delays, prevents, or conditions the district’s ability to investigate alleged misconduct, place an employee on administrative leave, or take other interim action required by Title IX.
• Train administrators and supervisors to recognize potential sexual misconduct, report concerns promptly, preserve relevant information, and understand that law enforcement referral alone does not satisfy Title IX obligations.