On July 10, the U.S. Department of Education (ED) published a “Dear Colleague” letter designed, in part, to clarify and reaffirm the statutory obligations of state educational agencies (SEAs) and local educational agencies (LEAs) that receive federal financial assistance from ED to respond promptly and appropriately to reports of sexual harassment and abuse alleged to have occurred in their programs and activities. The letter details relevant requirements under the federal Elementary and Secondary Education Act (ESEA), Title IX of the Education Amendments of 1972 (Title IX), and their implementing regulations.
Warning that educational institutions that “fail to comply with federal law may face the loss of federal funding,” the letter advises institutions “to ensure that: (1) their policies and practices comply with the ESEA and Title IX and their implementing regulations; (2) officials with authority to take corrective action are trained to recognize and respond to sexual misconduct; and (3) grievance procedures are not merely nominal, as investigations must be thorough, timely, and genuinely responsive to reported misconduct.”
For additional information, please see ED’s July 10 press release and Dear Colleague letter.
Boards of education and charter school boards of trustees with questions about whether they are in compliance with all legal mandates should consult with their attorney for legal advice and guidance.
