Toomey, Manchin Urge Department of Education Protect Students from Sexual Misconduct

Source: United States Senator for Pennsylvania Pat Toomey

Washington, D.C. – U.S. Senators Pat Toomey (R-Pa.) and Joe Manchin (D-W. Va.) today wrote Secretary of Education Miguel Cardona requesting answers regarding states’ failure to institute polices that protect students from educators who engage in sexual misconduct. For years, academic institutions across the country have engaged in a practice called “passing the trash,” which enables educators to resign rather than face discipline for sexual misconduct towards a student. This enables the educator to seek other educational jobs and continue the practice of assaulting students.
Under Section 8546 of the Elementary and Secondary Education Act (ESEA)—which Senators Toomey and Manchin originally introduced—the Department of Education requires all states receiving federal education funding to enact policies, laws, or regulations to stop the practice of “passing the trash.” Despite this statutory requirement, three-quarters of all states have not enacted legislation yet continue to receive federal funding.
“When parents send their children to school, they expect them to be safe. However, this is not always the case. A study published by the department estimated around 10 percent of students experience sexual misconduct by a school employee. Even more concerning are the attempts by school administrators to cover the abuse up,” wrote Toomey and Manchin.
“This violation of the law must be addressed by the Department of Education immediately,” Toomey and Manchin continued. “We urge the Department of Education to take immediate steps to ensure that all policies to protect children are enforced, including the ESEA’s prohibition on Aiding and Abetting Sexual Assault.”
The full letter is available here.
 
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