Blog

Your Education Road Map

Politics K-12

Politics K-12 kept watch on education policy and politics in the nation’s capital and in the states. This blog is no longer being updated, but you can continue to explore these issues on edweek.org by visiting our related topic pages: Federal, States.

Federal

Biden Team: Schools Can Go Beyond Trump Rules in Response to Alleged Sexual Misconduct

By Andrew Ujifusa — July 20, 2021 3 min read
Symbols of gender.
  • Save to favorites
  • Print

Schools can respond to allegations of sexual misconduct in ways that “go beyond” the Title IX regulations adopted by the Trump administration last year, as long as those additional steps don’t conflict with the Trump-era rules or Title IX itself, the U.S. Department of Education stated in new guidance to schools.

The Education Department’s interpretation of the Trump-era rules, released July 20, makes it clear that those 2020 regulations represent “minimum steps” for educators. It also says that while schools must presume that a person alleged to have committed the misconduct isn’t responsible, schools “should never assume a complainant of sexual harassment is lying or that the alleged harassment did not occur.”

In addition, the guidance spells out that while elementary and secondary schools are not required to conduct live hearings with cross examinations of different parties, elementary and secondary schools must respond any time that any school employee “has notice that sexual harassment might have occurred.” And schools may respond to allegations of sexual misconduct that doesn’t meet the definition of sexual harassment spelled out in the 2020 regulations.

The department’s “Questions and Answers on the Title IX Regulations on Sexual Harassment” comes as the administration reviews rules for Title IX of the Education Amendments of 1972, following an executive order from President Joe Biden.

The review could lead to significant shifts in policies addressing how both K-12 schools and institutions of higher education must respond to allegations of sexual assault and harassment, as well as how they must protect LGBTQ students from discrimination and ensure students are treated equally irrespective of their gender.

The Biden administration held a hearing on Title IX enforcement last month. The education department shared transcripts of those hearings on July 20.

Political division around Title IX and sexual assault allegations has grown

The issue of how schools must respond to sexual-misconduct allegations under Title IX has become a prominent national political issue in recent years, as experts and others debated how to weigh the rights of the accusers and the accused, and what threshold of evidence officials should use when determining guilt.

In 2017, former education secretary Betsy DeVos revoked Obama administration guidance for Title IX enforcement, and said the Obama-era guidance threatened the due-process rights of those accused of misconduct. However, victims’ rights groups and others said DeVos’ decision put people at risk and could lead to less-aggressive Title IX enforcement.

After public input, DeVos issued new Title IX regulations last year. Among other things, DeVos’ rules said education officials could use a higher bar for determining if there is sufficient evidence of misconduct to require a response. Again, the new rules provoked different responses. Some said DeVos had taken appropriate steps to ensure fair safeguards for the accused, while others said the rules could make it more difficult for accusers to prove their claims and make it easier for schools to cover up incidents of misconduct.

Although much of the controversy around Title IX in the last several years has revolved around colleges and universities, the situation has affected K-12 educators as well. The tug of war over Title IX has fatigued school officials as well as students who feel caught in the middle. There were also concerns about the practicality of implementing the new rules in the midst of the coronavirus pandemic.

The Title IX rules adopted by DeVos say K-12 schools must respond when they have “actual knowledge” of a complaint of sexual harassment; the Obama-era guidance said schools must respond to incidents they “reasonably should” have been aware of.

The new guidance from the Biden administration says schools may respond to alleged sexual misconduct, even if the misconduct does not meet the definition of sexual harassment in the 2020 rules. It also highlights how last year’s Title IX rules addressed off-campus settings where the school exercises “substantial control” over the respondent and the context, such as a school field trip.

The Trump administration unveiled the Title IX regulations in May 2020 and they went into effect on Aug. 14, 2020, but the department’s new guidance stresses that the rules are not retroactive.

A version of this news article first appeared in the Politics K-12 blog.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Q&A Education Data Collection Has Cratered Under Trump. Can It Be Rebuilt?
Ed. Dept.'s data-gathering agency is too unstable to adapt to changing needs, a new report claims.
6 min read
A student raises her hand to ask a question in her third grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. The arm of the government that oversees education data which tracks educational outcomes for students, faces major challenges ahead due to financial cuts.
A student raises her hand to ask a question in her 3rd grade classroom at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022. Federal education data-gathering, like the Condition of Education report, includes baseline information on students and schools. But cuts to the Education Department's statistics wings and mounting criticism of how it operates raise questions about how it can best fulfill its mission.
Charlie Riedel/AP
Federal Education Department Tells Schools Race Can’t Factor Into Student Discipline
A letter to educators follows up on last month's rescission of longstanding discrimination rules.
5 min read
Assistant Secretary for Civil Rights for the Department of Education nominee Kimberly Richey testifies before the Health, Education, Labor and Pensions committee about her nomination in Washington, D.C., on June 5, 2025.
Assistant Secretary for Civil Rights Kimberley Richey testifies before the Senate's Health, Education, Labor and Pensions committee at her nomination hearing in Washington on June 5, 2025. A new letter to educators from Richey instructs schools not to consider race at all in school discipline policies, following the Trump administration's rescission of longtime anti-discrimination rules.
Jason Andrew for Education Week
Federal Q&A What Head Start's English-Only Rule Could Mean for English Learners
Research shows it's not necessary to lose a home language to learn English.
3 min read
Long Beach, CA - March 20 : Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach , a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, CA.
Teacher Monica Alvarado, left, leads activities with staff in the infant class at Educare Los Angeles at Long Beach, a very high-quality child care center in Long Beach on Wednesday, March 20, 2024 in Long Beach, Calif. Head Start programs for early childhood education will no longer promote bilingualism under a proposed rule change.
Brian van der Brug / Los Angeles Times via TNS
Federal After Months of Standstill, Ed. Dept. Announces New Federal Research Funding
The agency outlined its fiscal 2027 grantmaking amid questions about its sluggish spending.
7 min read
The Department of Education headquarters in Washington, D.C. on Friday, July 17, 2026.
The Department of Education headquarters in Washington on Friday, July 17, 2026. Federal funding for education research may be starting to flow, even as the overall spending picture remains unclear.
Eric Lee for Education Week