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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness 

by fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

June 27, 2018

Dear Chief State School Officers:

As you know, in December 2015, Congress reauthorized the Elementary and Secondary 

Education Act of 1965 (ESEA), through the Every Student Succeeds Act (ESSA). The 

reauthorized law builds on the ESEA’s role in helping to ensure that every child has the 

opportunity to obtain a high-quality education. Achieving this goal is essential, but we

can achieve it only if every student is safe in his or her school. To that end, I am writing 

to remind you of an important provision that Congress included in the Elementary and 

Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds 

Act, to help protect students from sexual abuse. That provision, in section 8546 of the 

ESEA (20 U.S.C. § 7926), requiring policies to be in place to prohibit the aiding and 

abetting of sexual abuse, imposes an important requirement on States, State educational 

agencies (SEAs), and local educational agencies (LEAs) that receive ESEA funds. When 

your agency applied for funds under ESEA, your agency provided an assurance that all 

applicable legal requirements, including section 8546, would be complied with; 

additionally, LEAs provided similar assurances. 

For too long, and too often, teachers or other school staff who have engaged in sexual 

misconduct with a student or minor at one school have been able to obtain employment at 

another school, without that other school ever learning of the prior misconduct. This

sometimes occurs because someone from the employee’s prior school provides a 

recommendation that helps the employee obtain new employment. Section 8546 of the 

ESEA seeks to end this abhorrent practice.

Under section 8546, every State, SEA, or LEA that receives ESEA funds must have in 

place laws, regulations, or policies that prohibit the SEA, an LEA, or school, as well as 

any school employee, contractor, or agent, from providing a recommendation of 

employment for an employee, contractor, or agent that the SEA, LEA, or school, or the 

individual acting on behalf of the SEA, LEA, or school, knows, or has probable cause to 

believe, has engaged in sexual misconduct with a student or minor in violation of the law. 

The SEA, LEA, school, or individual acting on behalf of one of those entities would not 

be prohibited from following routine procedures regarding the transmission of 

administrative or personnel files but would be prohibited from doing more than that to 

help the employee obtain new employment.

Section 8546 allows for certain exceptions to the prohibition on providing a 

recommendation of employment. In particular, the prohibition does not apply if: (1) the 

alleged misconduct has been properly reported to law enforcement and any other 

authorities required by Federal, State, or local law; and (2) the matter has been officially 

closed; the employee, contractor, or agent has been exonerated; or the relevant case or 
investigation remains open without an indictment or other charges having been brought 

within four years of the date on which the information was provided to law enforcement.

Significantly, section 8546 establishes the minimum requirements that must be met by a 

State, SEA, or LEA that receives ESEA funds. It does not preempt or prevent a State 

from adopting a statute, regulation, or policy that establishes more rigorous protections to 

prevent an SEA, LEA, school, or individual acting on behalf of one of those entities from 

assisting an employee, contractor, or agent who has engaged in sexual misconduct with a 

minor or student in violation of the law in obtaining new employment. 

The complete text of section 8546 is set forth in the enclosure to this letter.

The U.S. Department of Education (Department) is committed to ensuring State and local 

compliance with the requirements of section 8546. Failure to meet these requirements 

may result in the Department taking appropriate enforcement action. In addition, should 

an LEA or school receiving funds under the ESEA fail to meet these requirements, the 

SEA under a State-administered program has a range of other enforcement actions at its 

disposal with respect to noncompliance by an LEA, including placing appropriate special 

conditions on an LEA’s Title I, Part A grant or withholding an LEA’s Title I, Part A 

funds (see, e.g., section 440 of the General Education Provisions Act (20 U.S.C. § 

1232c)). In the near future, we intend to reach out to State officials to discuss how SEAs

and LEAs are meeting their responsibilities under this important provision. Should you 

need technical assistance on this matter, please let us know. 

We look forward to working with you to help ensure that all children are safe in their 

schools so that they may receive the best education possible and go on to succeed in 

college and careers. If you have any questions about this letter, please contact Paul 

Kesner, Acting Director of the Office of Safe and Healthy Students in the Office of 

Elementary and Secondary Education.

Thank you for your continued commitment to providing a quality education for all 

children.

Sincerely,

/s/

Jason Botel

Principal Deputy Assistant Secretary

Office of Elementary and Secondary Education

cc: Governors

Enclosure
ESEA Section 8546 (20 U.S.C. § 7926):

Prohibition on Aiding and Abetting Sexual Abuse

(a) IN GENERAL. — A State, State educational agency, or local educational agency in 

the case of a local educational agency that receives Federal funds under this Act shall 

have laws, regulations, or policies that prohibit any individual who is a school employee, 

contractor, or agent, or any State educational agency or local educational agency, from 

assisting a school employee, contractor, or agent in obtaining a new job, apart from the 

routine transmission of administrative and personnel files, if the individual or agency 

knows, or has probable cause to believe, that such school employee, contractor, or agent 

engaged in sexual misconduct regarding a minor or student in violation of the law. 

(b) EXCEPTION. — The requirements of subsection (a) shall not apply if the 

information giving rise to probable cause —

(1)(A) has been properly reported to a law enforcement agency with jurisdiction 

over the alleged misconduct; and 

(B) has been properly reported to any other authorities as required by Federal, 

State, or local law, including title IX of the Education Amendments of 1972 (20 

U.S.C. 1681 et seq.) and the regulations implementing such title under part 106 of 

title 34, Code of Federal Regulations, or any succeeding regulations; and 

(2)(A) the matter has been officially closed or the prosecutor or police with 

jurisdiction over the alleged misconduct has investigated the allegations and 

notified school officials that there is insufficient information to establish probable 

cause that the school employee, contractor, or agent engaged in sexual 

misconduct regarding a minor or student in violation of the law; 

(B) the school employee, contractor, or agent has been charged with, and 

acquitted or otherwise exonerated of the alleged misconduct; or 

(C) the case or investigation remains open and there have been no charges filed 

against, or indictment of, the school employee, contractor, or agent within 4 years 

of the date on which the information was reported to a law enforcement agency. 

(c) PROHIBITION. — The Secretary shall not have the authority to mandate, direct, or 

control the specific measures adopted by a State, State educational agency, or local 

educational agency under this section. 

(d) CONSTRUCTION. — Nothing in this section shall be construed to prevent a State 

from adopting, or to override a State law, regulation, or policy that provides, greater or 

additional protections to prohibit any individual who is a school employee, contractor, or 

agent, or any State educational agency or local educational agency, from assisting a 

school employee who engaged in sexual misconduct regarding a minor or student in 

violation of the law in obtaining a new job.