Q: What legislative model can we adopt from other states leading on this issue?

There are numerous examples: The S.E.S.A.M.E Act: A model for states to adopt Pennsylvania Act 168 of 2014 Ban “Pass the Trash” Legislation(https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2014&sessInd=0&act=168) This legislation adds new requirements for the hiring of all positions at school entities and independent contractors of school entities that involve direct contact with children (defined as “the possibility of care, supervision, guidance or control of children or routine interaction with children”). The goal of the legislation is to identify those applicants that have been the subject of allegations, investigations or finding of abuse or sexual misconduct involving a child. Video explanation Act 168 of 2014(https://www.youtube.com/watch?v=cbw8CRazFtw) Facts about Act 168(https://www.sesamenet.org/_files/ugd/b75d1b_06d0108d7f074834a75e556f6f8e35f9.pdf) States that have adopted the S.E.S.A.M.E. Act Connecticut – HB 5400 of 2016(https://www.sesamenet.org/_files/ugd/b75d1b_30bf5b5b1f6b437da3b7469cbb67e810.pdf) Nevada – AB362 of 2017(https://www.sesamenet.org/_files/ugd/b75d1b_a0984ada8df649b39cb66146f940421f.pdf) New Jersey – S414 of 2018(https://www.sesamenet.org/_files/ugd/b75d1b_2c1dc57767b34059af5a28cdb2bc9afb.pdf) Maryland HB 486(https://www.sesamenet.org/_files/ugd/b75d1b_fef1592fe91d49e690077f3f786350ad.pdf)

Question 1

What role does Title IX play?

Accepted Answer

Title IX is a federal civil rights law that protects students from sex-based discrimination in schools that receive federal funding. This includes public K–12 schools, charter schools, and most private institutions.

Sexual harassment, grooming, and assault by school employees are considered serious violations of Title IX. When an employee—such as a teacher, coach, or administrator—engages in this kind of behavior, it's not just misconduct. It’s a form of sex discrimination and a violation of a student’s rights.

Under Title IX, schools are legally required to:
 • Prevent sexual misconduct before it happens
 • Investigate all complaints promptly and fairly
 • Respond in ways that stop the harm, support the survivor, and ensure it doesn’t happen again

Every school (or school district) must also have a Title IX Coordinator—a person responsible for making sure the school follows the law and that students and families get the help they need.

Importantly, Title IX protects students from retaliation. If a student (or their parent or guardian) reports abuse or misconduct, the school cannot punish or intimidate them for speaking up.
Title IX is one of the most powerful tools we have to hold schools accountable and protect students from harm caused by those in positions of trust and authority.

Question 2

What are my (or my child's) rights under Title IX?

Accepted Answer

Title IX is a federal civil rights law that protects students from sex-based discrimination in schools that receive federal funding. That includes sexual harassment, abuse, and misconduct—especially by teachers, coaches, or other school employees.

Every student—regardless of age, gender, or grade level—has the right to:

• Learn in a safe environment, free from sexual harassment and abuse
 Students should never be subjected to sexual comments, grooming, touching, or abuse by staff or peers. Title IX protects their right to an education without fear or harm.

• Report sexual misconduct and be taken seriously
 Students (or their parents/guardians) can report misconduct to any school employee. The school is then legally required to respond and investigate.

• Have their complaint addressed promptly and fairly
 Schools must take immediate, appropriate steps to investigate the report, stop the misconduct, support the student, and prevent it from happening again.

• Receive support and safety accommodations
 Even before an investigation is complete, students have the right to support. This can include schedule changes, counseling referrals, academic accommodations, or safety plans.

• Be protected from retaliation
 It is illegal for a school to punish, isolate, or intimidate a student—or their family—for reporting sexual misconduct or participating in a Title IX process.

• Access a Title IX Coordinator
 Every school district must have a Title IX Coordinator—someone responsible for ensuring the law is followed and student rights are protected. Schools are required to provide information about how to contact them.

If a school ignores, mishandles, or fails to act on a report, families have the right to file a federal civil rights complaint through the U.S. Department of Education’s Office for Civil Rights.

Question 3

What are my (or my child's) rights under state law?

Accepted Answer

In addition to federal protections under Title IX, every state has its own laws that govern how schools must prevent and respond to sexual misconduct by school employees. These laws can vary, but most include the following protections:

Mandatory Reporting
Most states require teachers, school staff, and administrators to immediately report any suspicion of child sexual abuse to law enforcement or child protective services. In many states, failure to report is a crime.

Employment and Credentialing Consequences
States typically have laws that allow for the suspension or revocation of a teacher’s credential or license if they engage in sexual misconduct with a student—even if no criminal conviction occurs. Some states also bar these individuals from working in schools again.

Student and Family Rights
Depending on the state, students and families may have additional rights, such as:
 • The right to be informed when an investigation is taking place
 • The right to request safety measures or school transfers
 • Access to support services or victim compensation
 • The opportunity to participate in disciplinary or school board proceedings

Criminal Laws
Sexual contact between a school employee and a student is illegal in all 50 states—even if the student is over the age of consent. Many states have laws that specifically criminalize sexual misconduct by educators or authority figures.

Civil Legal Options
Families may have the right to pursue a civil lawsuit against the school district, school board, or the individual involved. State laws vary in terms of what kinds of claims are allowed and how long families have to file.

Where to Find State-Specific Information
To learn about the laws in your state, these resources are helpful:

• RAINN State Law Database(https://apps.rainn.org/policy/)
 • ChildUSA SOL Tracker (https://childusa.org/law/)

If you believe a school employee has harmed your child—or if the school fails to act—you can report the misconduct directly to law enforcement or child protective services. You may also wish to contact a civil attorney who specializes in school abuse cases.

Question 4

Can I take legal action against the school or the abuser?

Accepted Answer

Yes. In many cases, survivors and their families can take legal action against both the individual who caused harm and the school or institution that failed to protect the student.

Civil Lawsuits Against the School
If a school knew—or should have known—about the abuse and failed to act appropriately, it may be held legally responsible. Schools have a duty to protect students from harm by employees, contractors, and volunteers. Depending on your state’s laws, you may be able to file a civil lawsuit for:
 • Negligent hiring or supervision
 • Failure to report abuse
 • Retaliation against a student or whistleblower
 • Violations of Title IX or state civil rights laws

Civil Lawsuits Against the Abuser
Survivors may also be able to bring a civil case directly against the individual who caused the harm. Civil cases can help survivors seek damages for emotional distress, medical costs, lost educational opportunities, and more.

Statutes of Limitations
Every state has time limits—called statutes of limitations—for filing civil lawsuits. Some states have extended or eliminated these time limits for child sexual abuse cases. Others allow for a "lookback window" that gives survivors a limited period of time to file lawsuits for abuse that happened in the past.

Criminal Charges
Separately, law enforcement may investigate and bring criminal charges against the abuser. Criminal and civil cases can happen at the same time but are handled by different systems.

What to Do If You're Considering Legal Action
 • Document everything you remember about what happened, including names, dates, and witnesses
 • Keep any communications with the school or district
 • Seek legal advice from an attorney who specializes in school abuse or civil rights cases

For the latest information about the civil and criminal statutes of limitation in your state, visit the ChildUSA SOL Tracker.(https://childusa.org/law/)

The National Center does not provide legal representation, but we can connect you with attorneys, survivor support organizations, and other trusted resources in your state. If you need help finding legal support,

Question 5

What if the abuse happened years ago—do I still have options?

Accepted Answer

Yes. Even if the abuse happened years ago, you may still have options—both legally and in terms of support, healing, and advocacy.

Statutes of Limitations (Time Limits to File a Lawsuit)
Every state has what’s called a “statute of limitations”—a legal time limit for when you can file a civil lawsuit or pursue criminal charges. These laws have changed significantly in recent years, especially for survivors of child sexual abuse.
 • Some states have eliminated the statute of limitations entirely for civil cases involving child sexual abuse.
 • Other states have passed “lookback window” laws, which temporarily reopen the opportunity to file lawsuits for abuse that occurred long ago.
 • Criminal statutes of limitations are also changing, and in some cases, survivors can still pursue justice even decades later.
To understand your options, it's important to speak with an attorney who specializes in child sexual abuse or school-related cases. You can also review updated state laws in the ChildUSA SOL Tracker. (https://childusa.org/law/)

You Can Still Report and Be Heard
Even if legal action is no longer possible in your case, you still have the right to:
 • Report the abuse to the school, district, or licensing authority
 • File a Title IX complaint if the school failed to act
 • Share your story safely through survivor support networks or advocacy groups
 • Help protect others by exposing patterns of abuse and institutional cover-up

Support and Healing Are Always Available
It’s never too late to seek support. Many survivors choose to speak out years—even decades—after the abuse happened. Whether or not you pursue legal action, you deserve access to mental health resources, community support, and pathways to healing.

Question 6

Can an accused teacher or staff member work in another school if they leave mine?

Accepted Answer

Unfortunately, in many cases, yes. A teacher, coach, or school employee who has been accused of sexual misconduct may be able to get a job at another school—especially if the original school failed to report the misconduct or allowed the employee to resign quietly.

This is called "passing the trash"—when schools allow suspected abusers to move on without consequences or formal investigation.

Here’s what you need to know:

Reporting Makes a Difference
Schools are required by law in most states to report allegations of child sexual abuse or misconduct to law enforcement or child protective services. They may also be required to report the employee to:
 • The state department of education or credentialing board
 • A licensing or oversight body
 • A Title IX Coordinator (if the behavior involves sex-based discrimination or harassment)

If no report is made—or if an employee is allowed to resign quietly—it becomes much easier for that person to find another job in education.

State Laws Are Changing
Many states have passed or are considering laws that:
 • Ban confidential settlement agreements in school abuse cases
 • Require public disclosure or reporting of educator misconduct
 • Create registries or databases to track employees who have been investigated or disciplined for abuse

You can see the EnoughAbuse Criminalizing Educator Sexual Misconduct Map (https://enoughabuse.org/get-vocal/laws-by-state/criminalizing-educator-sexual-misconduct-map/)here.

If you're concerned that a former school employee who harmed a student is now working elsewhere:
 • You can file a report with the state education department or licensing board
 • You can ask your school district if a report was made to authorities or the state
 • If you are a survivor or a parent of a harmed child, you may also have legal rights under Title IX or state civil laws

Question 7

What records am I entitled to see (incident reports, staff records, training logs)?

Accepted Answer

Your right to access school records depends on the type of record, your relationship to the student involved, and the laws in your state. In many cases, families and survivors do have the right to request and review certain school documents, especially when misconduct or abuse is suspected.

Here’s a breakdown:

Student Records (Including Incident Reports and Complaints)
Under the federal Family Educational Rights and Privacy Act (FERPA), parents and eligible students (age 18+) have the right to:
 • View student education records, which may include incident reports, discipline records, and complaints involving the student
 • Request corrections to inaccurate or incomplete information
 • Request copies of records (although schools may charge a reasonable fee)

However, FERPA may limit access to documents that name other students or employees, or that are part of an active investigation.

Employee Records
Access to school employee records—such as complaints, disciplinary actions, or personnel files—is usually governed by state law. In some states, the public can request:
 • Whether an employee has been disciplined, terminated, or reassigned due to misconduct
 • Whether complaints were filed and how they were handled
 • Whether the employee was the subject of a settlement or resignation agreement

In other states, these records may be protected or only available through legal action or public records requests.

Training Logs and Policy Documents
 Many states require schools to keep records of:
 • Staff training on mandatory reporting, Title IX, and student safety
 • Sexual misconduct prevention policies
 • Procedures for handling complaints or investigations

These documents are often considered public records. You can request them from the school or district under your state’s public records or open records laws.

How to Request Records
 • Submit a written request to the school, district office, or public records officer
 • Be as specific as possible (e.g., “all records of staff training on student safety from August 2020–May 2024”)
 • If denied, ask for the reason in writing and consider appealing or consulting an attorney

Need Help?
Visit our Contact Us page. We can answer your questions and help you get the process started.

Question 8

Do age-of-consent laws protect students from educator abuse?

Accepted Answer

Yes—but these laws often don’t go far enough to fully protect students from sexual abuse by school employees. That’s why many states have passed specific laws to address the unique power imbalance between students and educators, regardless of the student's age.

Here’s what you need to know:

Age of Consent Laws
Each state sets its own age of consent, typically between 16 and 18. These laws are meant to define when a person is legally able to agree to sexual activity. But they were not originally designed to address situations where an adult holds authority, influence, or control over a minor—like a teacher, coach, or school employee does.

Why Age of Consent Alone Isn’t Enough
In some states, once a student reaches the age of consent (for example, 16), a school employee may technically not be violating criminal law—even if the relationship is clearly exploitative. This loophole has allowed some abusers to avoid accountability.

Position-of-Authority Laws
To close this gap, many states have created "position of authority" laws that make it illegal for school employees to engage in sexual conduct with students, regardless of the student’s age. These laws recognize that consent cannot truly exist when there is a clear power imbalance.

What These Laws May Include:
 • Criminal penalties for educators who engage in sexual conduct with students under their supervision
 • Prohibitions that extend even after a student turns 18, if they are still enrolled in school
 • Requirements for revoking teaching licenses or reporting to state agencies

Know Your State’s Law
Protections vary widely by state. Some have strong “authority-based” laws in place, while others rely solely on age-of-consent laws, which may leave students vulnerable.

If you're concerned about a relationship between a student and a school employee, it is always appropriate to report it to school officials, law enforcement, or child protective services—regardless of the student’s age.

Question 9

Does state law prohibit all sexual relationships between educators and students, regardless of age or consent?

Accepted Answer

In some states, yes. Unfortunately, not all states explicitly prohibit sexual relationships between school employees and students who are over the age of consent.

Here’s what you need to know:
Age of Consent Laws Alone May Not Be Enough
The age of consent—usually between 16 and 18 depending on the state—defines when a person can legally agree to sexual activity. But these laws were not designed to account for the power dynamics that exist between students and educators.

In states that rely solely on age-of-consent laws, a teacher or coach may avoid prosecution if the student is legally old enough to consent—even if the relationship is exploitative or coerced.

Position-of-Authority or Educator Misconduct Laws
To close this gap, many states have passed laws that make it illegal for educators to have any sexual relationship with students, even if the student is over the age of consent. These laws recognize that consent is not truly voluntary when a significant power imbalance exists.

These laws may:
 • Prohibit sexual conduct between any school employee and a student under their supervision
 • Extend to all students in the school system, not just those in the educator’s classroom
 • Remain in effect until the student graduates or ages out of the school system

Gaps Still Exist
Not all states have these protections. In some jurisdictions, there are still legal gray areas that allow educators to claim that a relationship was consensual if the student was above the legal age threshold. These gaps put students at risk and make accountability more difficult.

Find Out What Your State Allows
State laws vary widely. To understand what is prohibited in your state—and what legal remedies may be available—visit the EnoughAbuse Criminalizing Educator Sexual Misconduct Map.(https://enoughabuse.org/get-vocal/laws-by-state/criminalizing-educator-sexual-misconduct-map/)

If you're concerned about a sexual relationship between a student and a school employee, you can and should report it, even if the student is over the age of consent. School policies, licensing rules, and civil protections may still apply.

Question 10

Are school districts legally required to investigate all educator sexual misconduct allegations—even if no criminal charges are filed?

Accepted Answer

Yes. School districts are legally obligated to investigate all allegations of sexual misconduct by educators or school employees—even if criminal charges are never filed or law enforcement declines to pursue the case.

Here’s why:
Schools Have Independent Legal Duties Under Title IX
Under Title IX of the Education Amendments of 1972, schools that receive federal funding must take immediate and appropriate action to investigate and address all reports of sexual harassment or abuse. This includes:
 • Allegations against teachers, coaches, administrators, or any school employee
 • Situations where the conduct may not meet the criminal definition of abuse but still violates school policy or civil rights
 • Cases where the survivor or family chooses not to file a police report

Failure to Investigate Can Be a Civil Rights Violation
If a school district ignores, minimizes, or mishandles an allegation, it may be in violation of federal law and can be held accountable. Schools are required to:
 • Promptly investigate the complaint
 • Protect the student from retaliation or further harm
 • Take steps to prevent recurrence of the misconduct
 • Provide support measures during and after the investigation

Schools Must Use a Lower Standard of Proof Than Criminal Courts
Unlike the criminal justice system, which requires proof “beyond a reasonable doubt,” school investigations often use a “preponderance of the evidence” standard—meaning it is more likely than not that the misconduct occurred. This allows schools to take action (such as discipline or termination) even if criminal charges aren’t pursued or fail in court.

Administrative and Licensing Investigations
In addition to school-based investigations, districts may be required to report allegations to:
 • The state education department
 • Credentialing boards
 • Child protective services or licensing agencies

These agencies may conduct their own investigations and take action—even if no criminal case proceeds.

What You Can Do
If you suspect that a school failed to investigate educator misconduct appropriately, you may have the right to:
 • File a Title IX complaint with the U.S. Department of Education’s Office for Civil Rights
 • Report the school to state licensing or education authorities
 • Consult a civil attorney to explore your legal options

Question 11

Does every state require school districts to report substantiated educator misconduct to state licensing agencies?

Accepted Answer

No—not every state requires school districts to report substantiated sexual misconduct by educators to state licensing or credentialing agencies. This lack of consistency creates dangerous gaps that can allow individuals who harm students to stay in the education system or move between schools undetected.

What’s Required Varies by State
Some states have strong mandatory reporting laws that require districts to notify the state education department or licensing board whenever an educator is:
 • Found to have committed sexual misconduct or abuse
 • Disciplined, terminated, or allowed to resign due to misconduct
 • Under investigation for serious violations involving student safety

Other states have limited or vague requirements, leaving it up to the school district to decide whether or not to report. In these states, educators can quietly resign and later get rehired in a different district or even a different state.

Why Mandatory Reporting Matters
Reporting substantiated misconduct to licensing agencies helps:
 • Prevent abusers from being re-employed in schools
 • Trigger license revocation or suspension
 • Alert other schools and states during background checks
 • Support greater public accountability and student protection

Federal Recommendations, But No Universal Rule
While federal guidance (including from the U.S. Department of Education) encourages schools to report educator misconduct, there is no federal law that requires states to mandate this reporting. As a result, implementation is inconsistent across the country.

Some States Are Reforming Their Laws
In response to high-profile failures, some states have passed legislation to:
 • Mandate reporting of substantiated misconduct to licensing bodies
 • Ban confidentiality agreements in cases of educator abuse
 • Require public disclosure of disciplinary records

You can find out what your state requires by visiting the EnoughAbuse State by State Educator Screening Guide.  (https://enoughabuse.org/get-vocal/laws-by-state/screening-school-employees/)

If You’re Concerned About a Failure to Report
 You have the right to:
 • Contact your state’s department of education or licensing board
 • Submit a complaint directly to the licensing agency
 • Consult an attorney if you believe your child’s safety was put at risk

Question 12

Are there laws to prevent districts from entering confidentiality agreements that conceal sexual misconduct?

Accepted Answer

In some states, yes—but not everywhere. A growing number of states have passed laws that prohibit school districts from using confidentiality agreements, non-disclosure clauses, or settlement terms to conceal sexual misconduct by school employees. These laws aim to stop the practice of allowing employees to resign quietly or move to new schools without accountability—a practice often called “passing the trash.”

What These Laws Do
Anti-secrecy laws typically:
 • Prohibit confidentiality clauses in separation or settlement agreements that involve allegations of sexual misconduct
 • Require disclosure of past allegations or findings when the employee applies for a new job in education
 • Mandate reporting to state licensing agencies or law enforcement
 • Ban agreements that prevent school staff from speaking up about known misconduct

Why These Laws Matter
When schools enter into private agreements to keep misconduct quiet, they allow educators who have harmed students to:
 • Avoid consequences
 • Work in other districts or states
 • Continue abusing their positions of trust
Laws that prevent secrecy help protect future students and promote transparency within school systems.

Current Gaps
Not all states have these protections. In many places, schools may still legally use non-disclosure agreements (NDAs) or reach confidential settlements that keep communities and future employers in the dark.

How to Find Out What Your State Allows 
To learn whether your state prohibits confidentiality agreements in educator sexual misconduct cases, check with:
 • Your state’s department of education
 • Recent legislation in your state

We are also working to track and publish summaries of these laws to help families, survivors, and advocates navigate their state systems.

What You Can Do
 If you believe a school district concealed misconduct through a confidentiality agreement, you can:
 • Request records through your state’s public records law
 • File a complaint with the state licensing agency
 • Contact a civil attorney to explore legal remedies
 • Report concerns to advocacy organizations or the media to promote reform

Question 13

Do hiring laws require districts to verify misconduct history from previous employers?

Accepted Answer

In some states, yes—but not all. While federal law does not require school districts to check for a history of sexual misconduct, many states have passed laws that require school districts to ask previous employers about past investigations, resignations, or disciplinary actions related to sexual misconduct or abuse.

These laws are designed to close the dangerous loophole that allows educators with a history of misconduct to move from one school to another undetected.

What Strong Hiring Laws Typically Require
States with comprehensive hiring protections may require school districts to:
 • Ask all previous school employers whether the applicant was ever the subject of a sexual misconduct investigation
 • Require the applicant to sign a disclosure release allowing the district to obtain that information
 • Delay hiring until the information is received and reviewed
 • Reject candidates who were found to have engaged in abuse, even if no criminal conviction occurred

Common Gaps in Enforcement
Even in states with strong laws, enforcement is inconsistent. Common issues include:
 • Districts failing to check references or request records
 • Former employers refusing to disclose past misconduct
 • Confidentiality agreements that prevent full disclosure
 • Lack of penalties for districts that skip the process

Federal Recommendations but No Nationwide Mandate
In 2015, federal law (the Every Student Succeeds Act) recommended that states prohibit schools from “knowingly transferring” employees accused of sexual misconduct, but it stopped short of requiring background checks or mandatory verification. That means state laws and district policies remain the strongest line of defense.

What You Can Do
If you're concerned about whether your district is following safe hiring practices, you can:
 • Request a copy of the district’s hiring and screening policies
 • Ask whether they comply with state background check and disclosure laws
 • Contact your state’s department of education or licensing board
 • Advocate for stronger state laws that require full disclosure and verification

Question 14

Are states doing enough to ensure K–12 schools comply with Title IX requirements for sexual harassment and assault?

Accepted Answer

In short—not consistently. While Title IX legally requires all federally funded K–12 schools to investigate and address sexual harassment and assault, state oversight and enforcement vary significantly.

Variability in State Oversight
Some states actively support school districts by issuing clear Title IX guidance, requiring annual reporting, and offering training for staff and Title IX Coordinators. Other states offer little direction or support, leaving compliance to the discretion of individual districts. This creates a patchwork system where students' rights are not equally protected.

Limited Accountability Without Strong Enforcement
Title IX requires schools to investigate allegations of sexual misconduct even if criminal charges are not filed. However, in many states, there is no mechanism to ensure schools are complying. Without required audits, state-level investigations, or penalties, some schools delay or mishandle reports, failing to protect students.

State vs. Federal Enforcement
The U.S. Department of Education’s Office for Civil Rights (OCR) is the primary federal agency that enforces Title IX. OCR investigates complaints and may require schools to take corrective action.
 
State education agencies (SEAs) vary widely in their involvement. Some require districts to submit annual Title IX compliance reports or conduct periodic reviews. Others take a hands-off approach and rely entirely on OCR enforcement.

Recent Incidents Show Systemic Problems
 • In Oklahoma, OCR found Owasso Public Schools "deliberately indifferent" to harassment complaints after a student death, highlighting failures in local Title IX enforcement.
 • In Virginia, the attorney general launched an investigation into Loudoun County Public Schools for its handling of sexual misconduct cases, raising questions about district transparency and student safety.
 • Many states still lack clear policies or enforcement procedures for K–12 Title IX compliance, despite federal regulations introduced in 2020 that require schools to have grievance procedures, coordinators, and response protocols.

In Summary
 • Federal law requires schools to comply with Title IX, but enforcement at the state level is inconsistent.
 • Where states provide strong oversight, guidance, and transparency, compliance improves.
 • In many places, students remain at risk due to weak enforcement, limited accountability, or poor training.
 • Parents and advocates can help by pushing for stronger state policies, public reporting, and independent audits.

To learn more:
 • Visit your state’s department of education website to see if it issues Title IX guidance or requires reporting.
 • Contact the U.S. Department of Education’s Office for Civil Rights to check if your school or district has been reviewed.
 • Contact us for help understanding your rights and filing a complaint.

Question 15

Are schools required to publicly post Title IX contacts and complaint procedures?

Accepted Answer

Yes. Under federal Title IX regulations, all schools and districts that receive federal funding must publicly display the following information in prominent locations—online and in handbooks/catalogs available to students, families, and staff:
 • The name, office address, email address, and telephone number of the designated Title IX Coordinator
 • A non-discrimination statement clarifying that the school does not discriminate based on sex
 • A clear description of the process for filing a Title IX complaint, including grievance procedures, reporting channels, and options for supportive measures

These requirements are designed to ensure that everyone within the school community knows:
1. Who to contact directly for Title IX concerns
2. How to report sexual harassment or discrimination
3. What process the school will follow once a report is made

Some states have reinforced these federal requirements via state legislation. For example, California law mandates posting the Coordinator’s contact information; students’ rights under Title IX; school responsibilities; complaint procedures; statute of limitations; and a link to the U.S. Department of Education’s Office for Civil Rights complaint form

In summary:
All federally funded K–12 institutions must make Title IX Coordinator information and complaint procedures readily accessible online and in printed materials. States may further require more detailed or specific postings.

If your local school or district does not publish this information clearly, you can:
 • Ask school administrators or the district's public information officer where the Coordinator is listed
 • Submit a public records request for Title IX policy and coordinator details
 • File a complaint with the U.S. Department of Education’s Office for Civil Rights, which enforces Title IX compliance

Question 16

Is training on child sexual abuse prevention and response mandatory for all school employees—not just teachers?

Accepted Answer

Yes. Federal regulations and many state laws require all school employees, including administrative staff, coaches, counselors, bus drivers, and sometimes volunteers, to undergo training on child sexual abuse prevention and response.

Federal Requirements Under Title IX
New Title IX regulations effective August 2024 require all employees of federally funded schools—regardless of role—to receive training on sexual harassment and sex-based misconduct. This includes understanding how to report concerns, recognize behaviors that may violate Title IX, and understand their legal obligations.

Mandatory Reporting and State Law
Nearly every state requires all school staff to complete training on child abuse and neglect reporting each year.

Some states have laws—such as Connecticut’s or California’s—that extend beyond mandatory reporter training to include broader child sexual abuse prevention, bystander intervention, and appropriate conduct guidelines for every adult working in schools, including non-teaching staff and volunteers.

Prevention Education Requirements
In over half the states (28 plus DC), K–12 schools are legally required to provide child sexual abuse prevention education, which includes teaching staff how to identify, report, and prevent abuse. These requirements apply to all school personnel, not just educators.

Question 17

Is my state collecting data on educator sexual misconduct—and is it publicly available?

Accepted Answer

Maybe—but practices vary widely across the country, and publicly accessible data remain limited.

State-Level Data Systems
 • As of 2020, only 20 states had laws or policies requiring current or former school employers to share personnel information—including allegations, investigations, resignations, or terminations related to sexual misconduct—with prospective employers or state education agencies.
 • Many of these states also maintain statewide educator discipline databases, which can be accessed through state education department websites.

NASDTEC Clearinghouse
 • NASDTEC (National Association of State Directors of Teacher Education and Certification) operates a national educator discipline clearinghouse.(https://www.nasdtec.net/page/Clearinghouse_FAQ) Participating states report license disciplinary actions to the clearinghouse; about half of the 50 states participate.
 • While NASDTEC contains data on disciplined educators, it does not include reasons for actions (e.g., sexual misconduct) and only covers those with certified licenses.

Public Access Varies by State
 • Some states, such as Illinois and Pennsylvania, maintain online public educator discipline lookup tools where visitors can search for inappropriate behavior .
 • Other states do not provide public-facing systems, or they restrict access to employers or authorized users only—often as part of hiring or certification processes.

Federal Data Collection Efforts
 • The U.S. Department of Education’s Civil Rights Data Collection (CRDC) (https://civilrightsdata.ed.gov/)has begun including specific questions on allegations of sexual misconduct by K–12 staff. However, this data collection is still under development and not yet publicly disaggregated by educator role.

In summary:
 • Some states and NASDTEC collect data on educator discipline, but public access is inconsistent.
 • Publicly searchable records on educator misconduct are available in select states.
 • Federal tracking under the CRDC is expanding, but details are limited and not uniformly available yet.

Take action by:
 • Checking your state education department or licensing board website for educator discipline lookup tools.
 • Asking whether your state participates in the NASDTEC clearinghouse.
 • Monitoring the CRDC for new data on educator misconduct.

Question 18

Does our credentialing board have the resources to investigate and discipline abusive educators?

Accepted Answer

That depends on your state. Some credentialing or licensing boards have dedicated staff, clear mandates, and funding to investigate educator misconduct, including sexual abuse or exploitation. Others are severely under-resourced or narrowly focused on academic credentialing and may lack investigative capacity.

Even when misconduct is reported, cases can fall through the cracks due to unclear jurisdiction, lack of training, or poor coordination between schools, law enforcement, and licensing agencies. That’s why it’s critical for families and advocates to follow up with both the district and the state credentialing board to ensure accountability.

If you're unsure whether your state’s board has adequate resources or oversight authority, check the board’s website, request public records, or reach out to advocacy organizations like ours for help navigating the process.

Question 19

Are we holding school leadership accountable for systemic failures—not just individual abusers?

Accepted Answer

In some cases, yes—but not nearly often enough.

While individual abusers are the most visible offenders, school leaders and institutions can be civilly and even criminally liable when they enable abuse, ignore red flags, cover up misconduct, or fail to follow mandated reporting laws. Civil lawsuits have increasingly named superintendents, principals, HR officials, and school boards when there is evidence of systemic failure.

However, criminal accountability is much rarer. Only a few states have laws that clearly allow for the prosecution of administrators who fail to act on known abuse or who actively conceal it. In many jurisdictions, gaps in the law protect leadership from criminal consequences—even when their inaction leads to ongoing harm.

That’s why legal reform is essential. Survivors, advocates, and lawmakers are pushing for stronger accountability laws that hold not just the abuser, but also the systems that protect them, fully responsible.

Question 20

What legislative model can we adopt from other states leading on this issue?

Accepted Answer

There are numerous examples:

​The S.E.S.A.M.E Act: A model for states to adopt

Pennsylvania Act 168 of 2014 Ban “Pass the Trash” Legislation(https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2014&sessInd=0&act=168)
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This legislation adds new requirements for the hiring of all positions at school entities and independent contractors of school entities that involve direct contact with children (defined as “the possibility of care, supervision, guidance or control of children or routine interaction with children”). The goal of the legislation is to identify those applicants that have been the subject of allegations, investigations or finding of abuse or sexual misconduct involving a child.
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Video explanation Act 168 of 2014(https://www.youtube.com/watch?v=cbw8CRazFtw)
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Facts about Act 168(https://www.sesamenet.org/_files/ugd/b75d1b_06d0108d7f074834a75e556f6f8e35f9.pdf)
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States that have adopted the S.E.S.A.M.E. Act
                                Connecticut – HB 5400 of 2016(https://www.sesamenet.org/_files/ugd/b75d1b_30bf5b5b1f6b437da3b7469cbb67e810.pdf)
                                Nevada – AB362 of 2017(https://www.sesamenet.org/_files/ugd/b75d1b_a0984ada8df649b39cb66146f940421f.pdf)
                                New Jersey – S414 of 2018(https://www.sesamenet.org/_files/ugd/b75d1b_2c1dc57767b34059af5a28cdb2bc9afb.pdf)
                                Maryland​   HB 486(https://www.sesamenet.org/_files/ugd/b75d1b_fef1592fe91d49e690077f3f786350ad.pdf)
​

Question 21

What are the laws against predatory grooming in my state?

Accepted Answer

EnoughAbuse has created a state-by-state. interactive map of grooming laws ( https://enoughabuse.org/get-vocal/laws-by-state/grooming-children-for-sexual-abuse/) as well as an extensive Call to Action report (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://enoughabuse.org/wp-content/uploads/2025/05/2025-Call-to-Action-Report-May-Update-final-1.pdf)that evaluates the status of legislative efforts to prevent child sexual abuse in schools, understand how other states are addressing the issue, and encourage improvements in state policies based on the national trends identified and recommendations provided.

In addition, Prevent Child Abuse America has created an interactive digital map of laws by state.(https://preventchildabuse.org/research-cdc-coag/)

Question 22

Why does the law sometimes treat abuse of older students differently?

Accepted Answer

Until recently in Texas, the penal code that covered sexual misconduct with older students was not included in mandated reporting laws. This meant that even when sexual contact occurred, school employees were not always legally required to report it.

It’s important for parents to understand the difference:

• Criminal or child welfare reporting usually applies when there is sexual contact with a minor.
 • But if the student is older and not covered by the criminal statute—or if the abuse does not involve physical contact—there may not be an outside reporting requirement.

That gap in protection is exactly why legislative reforms are so critical: to ensure all students are safeguarded, and misconduct is not hidden by technical loopholes.