On July 10, 2026, the U.S. Department of Education (USDE) issued a Dear Colleague letter to states and school districts reminding them of their responsibilities to protect students rather than engage in the practice, which it called “a troubling and recurring pattern in schools” nationwide. In addition, on the same day the USDE announced it was opening 20 targeted investigations into schools that the it suspects of “passing the trash” based on their responses to the 2023-24 Civil Rights Data Collection.
According to the Dear Colleague letter, 35 states lacked laws banning the suppression of information regarding employee sexual misconduct in termination, resignation, and severance agreements as of 2022. And 40 states didn’t prohibit expunging such information from personnel files.
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