Reports of incidents of sexual abuse in school have been on the rise in recent years, according to a recent report issued by The National Center for Educations Statistics (NCES). Read on to learn about what the U.S. Department of Education can do about it.

What is the U.S. Department of Education?

The Department of Education is the federal agency that “establishes policy for, administers and coordinates most federal assistance to education,” per its website. The Education Department was created to serve a number of purposes when it was established by Congress in the 1970s, including strengthening the federal government’s commitment to education, assist state education efforts, and promote improvements and accountability within education systems.

The current head of the Department of Education is Miguel Cardona, the secretary of education as of March 2021 upon his Senate confirmation. Cardona and the Department work in line with the president with the goal of executing his education policies. Additionally, when Congress passes laws concerning education, the Department of Education is tasked with implementing them.

The Education Department is also responsible for grant, loan, and work-study assistance to 10 million or more undergraduate students.

Rise in Reports of Sexual Assaults in Schools

Reports of sexual assault in schools are growing, according to Education Dive. An annual publication found that reports of sexual assault, except for rape, increased by approximately 1,000 between the 2015–16 and 2017–18 school years.

Researchers reportedly thought that part of the increase was due to increased awareness and ability of students to report; however, advocates say that despite efforts of the #MeToo movement, sexual assault in schools is still likely underreported.

How Can the U.S. Department of Education Help Prevent Sexual Abuse in Schools?

In February 2020, the Department of Education announced an initiative it said would help stop sexual assault in schools. The initiative, making changes to Title IX rules, would purportedly enhance the ability of the Office for Civil Rights (OCR) to respond to reported sexual assault or harassment.

The initiative was launched in August 2020. Under the provisions of the plan, OCR will conduct compliance reviews in schools and districts regarding how sexual assault cases are handled along with data quality reviews to ensure that incidents are being accurately reported. Additionally, OCR is tasked with improving public awareness and support and collecting more detailed information about sexual abuse reports.

Will the Initiative Help?

The Education Department said that the initiative under its former secretary Betsy DeVos will work in combination with other agency actions to make schools safer for children, specifically the outlawing of “pass the trash” policies. “Pass the trash” refers to schools that learned of allegations of abuse perpetrated by teachers or other school personnel and failed to follow up; rather, schools moved problematic personnel to different positions and/or locations. In other cases, like that of Glen Mills School, abuse reports were allegedly covered up.

According to DeVos’ Department of Education, the initiative was meant to help combat sexual assault in schools by the following:

• Defining sexual harassment more broadly
• Ensuring a consistent, legal framework is applied in all situations
• Providing clear, accessible options for students to report sexual abuse
• Requiring schools to provide supportive measures to survivors of school sex abuse
• Requiring grade schools to respond promptly in the event school personnel are accused of sexual harassment
• Expands coverage to sorority and fraternity groups
• Prohibits requiring survivors come face-to-face with their alleged abusers
• Improves due process and evidentiary standards and proceedings
• Allows flexible use of technology to conduct hearings

Not everyone believes that these changes actually help students who have suffered from sexual assault. Advocates say that the Department of Education has rescinded a number of Title IX provisions that worked to protect students from sexual assault. The American Association of University Women says that their research showed that many schools do not report any incidents of sexual assault — a red flag that may mean an institution does not have proper procedures in place to help survivors.

Now that DeVos has been replaced as the Department of Education head by the Biden administration, advocates are pushing for President Biden to overhaul changes to Title IX made under DeVos, including changes that gave more protections to accused students, per NBC.

“Student survivors need immediate action on Title IX. What seems like just a few months to nonstudents is an entire semester for a student,” said Sage Carson, manager of advocacy group Know Your IX. “Survivors can’t spend another semester, let alone another four years, with the current status of the Title IX regulation.”

Even when federal laws are updated to help protect students across the country, much is still left up to the states themselves, and some states have implemented laws that allow for too many loopholes and other flaws in the reporting system. Arizona’s school system is reportedly in need of serious revisions to its sexual assault reporting laws.

Filing a Lawsuit Over School Sexual Assault

If you or your child has suffered from sexual assault in an education setting, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your compensation.

This article is not legal advice. It is presented
for informational purposes only.