February 17, 2022
Manchin, Toomey Urge Department of Education To Protect Students From Sexual Misconduct
Washington,
DC – U.S. Senators Joe Manchin (D-WV) and Pat Toomey (R-PA) urged U.S.
Department of Education Secretary Miguel Cardona to provide 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
teachers with a history of abusing students to transfer schools without facing
any consequences. When an educator is not disciplined for the sexual assault or
abuse of a student, the educator is able to seek other educational jobs and
continue the cycle of abuse at other schools. While most educators will never
face these issues, allowing the continuation of this practice impacts the
reputation of all educators.
“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,” the Senators said in part.
Senators
Manchin and Toomey previously introduced legislation to amend Section
8546 of the Elementary and Secondary Education Act (ESEA). This legislation was
later incorporated into the Every Student Succeeds (ESSA) Act and requires all
states receiving certain federal funding from the Department of Education to
enact policies, laws, or regulations to explicitly prohibit the practice of
allowing teachers with a history of abusing students to transfer schools
without facing any consequences. Despite this statutory requirement,
three-quarters of all states have not yet enacted legislation while continuing
to receive federal funding.
“This
violation of the law must be addressed by the Department of Education
immediately,” the Senators continued. “We must follow up with concrete
action that starts with shielding students from predators in the classroom…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
following national education organizations applauded the Senators’ efforts:
“The
Elementary and Secondary Education Act’s (ESEA) Section 8546 is a law that is
good in theory but without effective enforcement does nothing to protect our
children from sexual predators. Schools should be one of the safest places
for children so they can grow and learn, but without adults doing the right
thing and prioritizing the safety of the children they serve above all else,
children will continue to be at risk in schools. CHILD USA shares the
concerns of Senators Toomey and Manchin and asks the Department of Education to
make sure these laws are enforced to keep sexual predators out of
schools. Every child deserves a safe place to learn and grow,” said
Jillian Ruck, Executive Director for Child USA.
“Every
teacher, administrator, and school employee, and every state and federal
education leader has a clear decision to make - protect children from sexual
abuse or protect those who abuse them. One cannot choose both. By supporting
comprehensive school policies to address child sexual abuse, we can transform
the course of many children's lives, help abused children begin to heal, and
best of all, prevent the devastating and often lifelong consequences of child
sexual abuse on our children, their families and our communities,” said
Jetta Bernier, Director of the Enough Abuse Campaign.
“Cases
of school employee sexual misconduct continue to plague our nation’s students
and offenders continue to be aided and abetted through negotiated agreements
that conceal their offenses. 95% of educator sexual misconduct cases are
handled internally (not reported to law enforcement or reported by the media.)
. . . Sexual misconduct of students by school employees can impact their
learning and academic achievement and result in life-long emotional, physical,
and psychological consequences for victims, families, and their communities. It
is incumbent upon the Department of Education to exercise due diligence to
ensure protections are in place and people placed in classrooms are qualified
and deemed fit to serve our children. The department must protect the rights of
students to preserve an environment conducive to learning-free from harassment,
discrimination and sexual misconduct. We must get away from a culture of
silence and STOP sexual predation in its tracks. S.E.S.A.M.E. stands with Sens.
Toomey and Manchin in their call for enforcement of ESEA Sec. 8546 and the
release of the report from The Study of State Policies to Prohibit Aiding and
Abetting Sexual Misconduct in Schools,” said Terri Miller, President of
SESAME Inc.
The
full letter is available here.
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