Education Department takes steps to halt schools from ‘passing the trash’

July 11, 2026 - 09:13

The U.S. Department of Education has issued new guidance aimed at preventing schools from quietly shuffling employees accused of sexual misconduct to other districts. The move targets a practice often called "passing the trash," where educators suspected of abuse resign or are let go without formal findings, allowing them to find new jobs in unsuspecting schools.

The updated directive builds on efforts that have varied across multiple administrations. Previous federal rules required states to have policies in place to prevent such transfers, but enforcement has been inconsistent. The new guidance clarifies that schools and districts must conduct thorough investigations before allowing an employee to resign in lieu of termination. It also emphasizes the need to report credible allegations to state licensing boards and law enforcement.

Advocates for child safety have long criticized loopholes that allow predators to move freely between districts. The guidance does not create new laws but strengthens existing obligations under Title IX and the Every Student Succeeds Act. Schools that fail to comply risk losing federal funding.

The announcement comes after several high-profile cases where educators with histories of misconduct were hired by other schools, sometimes leading to further abuse. Education officials say the goal is to close gaps that have allowed bad actors to evade accountability. The guidance also urges districts to adopt clear policies for handling complaints and to share information with hiring officials in other districts.

While the move has been praised by survivor advocacy groups, some school administrators worry about the burden of investigating every allegation thoroughly, especially in smaller districts with limited resources. Still, the department insists that protecting students must take priority over administrative convenience.