West Chester Area School District faces new federal pressure on how it handles staff sexual misconduct after a national enforcement push.

The U.S. Department of Education's Office for Civil Rights (OCR) announced Oct. 13 that it opened investigations into school districts in eight states. The probes target a practice known as "passing the trash," in which educators accused of sexual misconduct are allowed to transfer to other schools, first reported by The 74.

Districts under scrutiny include the New York City Department of Education and Jefferson County Public Schools in Colorado. Additional probes involve unnamed districts in California, Georgia, North Carolina, Missouri, Texas and Virginia. The opening of an investigation does not establish that a district or its employees violated federal law.

WCASD is not among the districts named. But a July 10 Dear Colleague Letter from Secretary of Education Linda McMahon applies to every federally funded district in the country.

What the feds found

OCR is examining whether the investigated districts violated Title IX, the federal law prohibiting sex discrimination in schools that receive federal money, by failing to respond to allegations of sexual harassment and assault by staff.

In New York, the department cited nearly 2,000 complaints filed under the state's Child Victims Act accusing schools or staff of sexual abuse. In Jefferson County, at least four employees were arrested on allegations of sexually assaulting students on school grounds.

Federal officials also alleged that some districts let accused employees resign without discipline or stay on the job after complaints were settled. Districts found in violation risk losing federal funding.

Assistant Secretary for Civil Rights Kimberly Richey said schools "have a duty to protect students from sexual harassment in schools and to respond appropriately when sexual misconduct occurs, especially when the predatory behavior is committed by school staff."

What the Dear Colleague Letter requires

McMahon's letter outlined three obligations for all school districts: ensure policies comply with the Elementary and Secondary Education Act (ESEA) and Title IX; train officials to recognize and respond to sexual misconduct; and run investigations that are "thorough, timely, and genuinely responsive."

The letter warned that referring a case to law enforcement alone does not satisfy a district's Title IX obligations. Schools must conduct their own investigations.

As of 2022, 35 states lacked laws banning the suppression of employee sexual misconduct information in severance agreements, the letter stated. Forty states lacked laws prohibiting that information from being removed from personnel files.

Where WCASD stands

WCASD lists Dr. Stephen Brown as its Title IX coordinator and maintains complaint forms for both students and staff on its website. The district has not made a public statement about the federal enforcement initiative. No evidence in public records indicates WCASD has received an OCR inquiry.

Chester County has seen its own staff misconduct cases. Former Conestoga High School teacher Michelle Mercogliano pleaded guilty May 1 to two counts of institutional sexual assault and corruption of minors, according to the Chester County District Attorney's Office. She was sentenced to at least 15 months in prison and designated a Tier II sex offender. On Sept. 22, Pennsylvania State Police began investigating allegations of an inappropriate relationship between an Oxford Area School District employee and a student, an inquiry that also reached into Kennett High School, MyChesCo reported.

Neither case involves WCASD.

WCASD's next monthly board meeting is scheduled for Monday, Oct. 26, at 7 p.m. A Policy Review Committee meeting is set for 6 p.m. the same evening.