The Trump administration has launched a national crackdown on how school districts handle accusations of teacher sexual misconduct, threatening to withhold federal funding from public schools that fail to protect students. U.S. Secretary of Education Linda McMahon initiated the move following reports that California’s teacher licensing agency failed to revoke the credentials of at least 67 educators who school districts determined had sexually harassed students or committed other types of sexual misconduct.
Secretary McMahon issued guidance last week calling on states and school districts to scrutinize laws and regulations to stop educators from moving between positions after findings of misconduct. In an open letter to state schools chiefs sent last Friday, McMahon stated that many administrators and regulators have “preferred to sweep these incidents under the rug” and have “passed the trash” to other schools.
The Department of Education is now investigating 20 school districts regarding their data collection practices and the handling of sexual harassment allegations. This federal review is based on 2023-24 civil rights data and impacts districts in Georgia, Michigan, Arizona, Connecticut, Kentucky, New Hampshire, Missouri, New Jersey, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, and California.
Federal Investigations and the ‘Pass the Trash’ Phenomenon
The current federal effort targets the ability of misconduct-accused teachers to find employment in new districts. Secretary McMahon cited previous Government Accountability Office reports and other studies to describe a “troubling and recurring pattern” of credible sexual abuse and harassment reports going uninvestigated by school employees.
Among the 20 districts under federal investigation, two are located in California: Tulare City and Wilsona. Wilsona Superintendent Steve Doyle stated the district will cooperate fully with the review and remains “committed to providing a safe and inclusive learning environment for every student.” The Tulare City superintendent has not responded to requests for comment.
The administration is also investigating the Los Angeles Unified School District over an agreement it made with the teachers union to reassign educators accused of sexual misconduct instead of removing them while district officials investigate. Christy Hagen, a spokesperson for Los Angeles Unified, defended the practice, stating that “reassignment means an employee is assigned away from students and schools during an investigation.”
California’s Disciplinary Gaps and Licensing Hurdles
The federal crackdown follows findings that California’s teacher disciplinary system is characterized by delays and a lack of transparency. Under current state law, teachers who resign or are fired for misconduct must be reported to the Commission on Teacher Credentialing, which then decides if professional credentials should be revoked.
However, the process remains largely hidden from the public. While the state website for credentialed educators marks disciplined teachers with a red flag icon, California law prohibits the agency from publicly sharing the specific reasons for the discipline. This contrasts with the licensing boards for doctors, nurses, police officers, and lawyers in California, which make disciplinary reasons accessible. At least 12 other states, including Florida, Oregon, and Washington, provide similar transparency for teachers.
Anita Fitzhugh, a spokesperson for the Commission on Teacher Credentialing, noted that the agency lacks the legal authority to compel employers to use available assessment tools. Fitzhugh further stated that state law prevents the commission from formally reviewing misconduct allegations reported by districts unless the agency also receives an affidavit from the alleged victims.
Political Conflict and Union Reactions
The Trump administration’s actions have drawn criticism from education advocates and union representatives who view the move as political. Maggie Sisco, a spokesperson for the California Teachers Association, described the guidance as “weaponizing and distorting an issue for political purposes” while the administration simultaneously dismantles Department of Education offices designed to protect student civil rights.
Heidi Goldstein, a personnel commissioner for the Berkeley Unified School District and advisory board member of the nonprofit Stop Sexual Assault in Schools, argued that the administration’s letter is silent on student-on-student harassment, which she stated occurs more frequently than staff-on-student predation. Goldstein characterized the move as a “wedge issue” intended to weaken union power.
The issue has also entered the California gubernatorial race. Steve Hilton, the Republican candidate for California governor, stated that if elected, he would “end the loopholes” that allow dangerous teachers to move between districts, asserting that “if you abuse a child, your teaching career is over.” Conversely, Jonathan Underland, spokesperson for Xavier Becerra, said Becerra “will make sure this state has a system that acts swiftly and keeps educators who harm students out of the classroom,” adding that “California won’t wait on Washington.”
Next Steps for School Districts and State Regulators
The Department of Education intends to increase monitoring of school systems to ensure compliance with federal law and will continue examining the effectiveness of state regulations. In California, a new law mandates the creation of a database by next summer that will allow employers to search the names of school support staff, such as bus drivers, custodians and teaching assistants, who are under investigation for or have substantiated complaints of egregious misconduct, though this law does not apply to public school teachers.
School districts currently under investigation are expected to provide data and documentation regarding their 2023-24 civil rights reporting. The federal government has not yet announced specific deadlines for the 20 districts to resolve the investigations or the exact criteria that will trigger the withholding of federal funds.
Readers and parents seeking more information on educator credentials in California can visit the state’s official credentialing database, though specific misconduct details remain restricted by law.
Do you believe state licensing agencies should be required to publish the specific reasons for teacher discipline? Share your thoughts in the comments below.
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