Stephen C. Satterly, II – Author

According to Legal Dictionary, the term “standard of care” refers to the level of attentiveness and care that a person must provide another person. This generally refers to professionals, such as doctors, paramedics, lawyers, educators, and others (legaldictionary.net).

When examining the standard of care in education, we must look at its origins in federal and state laws, court cases, and guidance from federal, state, and professional agencies.

Federal & State Laws

 The Child Abuse Prevention and Treatment Act (CAPTA)

CAPTA was originally signed into law by President Nixon in 1974. It has received numerous amendments over the years, with the latest amendment occurring in 2023. Under this act, ‘child abuse’ is defined as, “Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation (including sexual abuse as determined under section 111), or an act or failure to act which presents an imminent risk of serious harm” (CAPTA, p. 4).

CAPTA further defines ‘sexual abuse’ as, “The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or  the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children” (CAPTA, p. 40)

Title IX of the Education Amendments of 1972

Title IX is a federal law enacted in 1972 that prohibits sex discrimination in any education program receiving federal funds. It ensures that no person, in an educational setting, is excluded from participation in, denied benefits of, or subjected to discrimination based on sex.

State Laws

Legal definitions of child sexual abuse vary by state, so it is important for school administrators and staff members to become acquainted with local laws and their real-life applications.

Court Cases

The U.S. Supreme Court has ruled on several cases involving schools and sexual harassment. These provide the legal basis for states to address school practices.

Franklin v. Gwinnett County Public Schools, (1992)

This is a U.S. Supreme Court case involving a student, Christine Franklin, who was sexually abused by a staff member. She filed suit for monetary damages under Title IX. The U.S. Supreme Court ruled, 9-0, that she was entitled to monetary damages.

A major component of Title IX addresses how schools must handle sexual harassment complaints. Title IX says, “Discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.” When a student files a sexual harassment complaint at a school, Title IX requires the school to respond “promptly and efficiently” and take “immediate action”.

Gebser v. Lago Vista Independent School District (1998)

This is a U.S. Supreme Court case that ruled school districts can be held liable for teacher-student sexual harassment under Title IX only if a school official with authority to address the issue had actual knowledge of the harassment and was deliberately indifferent to it. The case involved a student who had a sexual relationship with her teacher, and the court held that damages could not be recovered without proof of such official awareness.

Davis v. Monroe County Board of Education (1999)

This is a significant U.S. Supreme Court case that established that schools can be held liable under Title IX for student-on-student sexual harassment if they are deliberately indifferent to the harassment and have actual knowledge of it. This ruling allows victims to seek damages when schools fail to protect them from severe and pervasive harassment.

Guidance

Standards of care are created with guidance from federal departments and agencies, state departments and agencies, and professional organizations.

Federal Guidance

There are various federal agencies that provide guidance for schools, starting with the U.S. Department of Education, the CDC, and the Justice Department. Some of these resources are available below.

Finkelhor, D., Heather Hammer, and Andrea J. Sedlak. Sexually Assaulted Children: National Estimates and Characteristics. National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children. Office of Justice Programs. August 2008.

Saul J, Audage NC. Preventing Child Sexual Abuse Within Youth-serving Organizations: Getting Started on Policies and Procedures. Atlanta (GA): Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2007.

U.S. Department of Education. Office for Civil Rights; Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties. Federal Register, 62(49), Notices. 1997.

U.S. Department of Education, Office of the Under Secretary. Educator Sexual Misconduct: A Synthesis of Existing Literature. Washington, D.C., 2004.

U.S. Department of Education, Office of Safe and Healthy Students. A Training Guide for Administrators and Educators on Addressing Adult Sexual Misconduct in the School Setting. 2017.

State Guidance

As with state laws, each state has its own departments and agencies that guide schools’ practices. School leaders must be aware of the directives of these departments and/or agencies.

Professional Guidance

Professional guidance comes from various professional publications. Some are from the field of education; others are readily available resources from an internet search. There is little excuse for educators to not be able to find resources to assist their schools. Note the dates of the resources below. This illustrates how long a standard of care has been in place.

Broadhurst, D. D. The Educator’s Role in the Prevention and Treatment of Child Abuse and Neglect. National Center on Child Abuse and Neglect (NCCAN), Washington, DC. 1979.

Jeglic EL. Educator Sexual Misconduct Remains Prevalent in Schools, Psychology Today. May 17, 2023.

Jeglic EL, Calkins C, Kaylor L, Margeotes K, Doychak K, Blasko B, Chesin M, Panza N. The Nature and Scope of Educator Misconduct in K-12. Sex Abuse. 2023 Mar;35(2):188-213. doi: 10.1177/10790632221096421. Epub 2022 May 2. PMID: 35499558.

Kristal, The Role of the School in Child Abuse and Neglect, American School Counselor Association, 1977.

Martin. The Growing Horror Of Child Abuse And The Undeniable Role Of The Schools In Putting An End To It, The American School Board Journal, 1973.

National Center for Missing & Exploited Children

National Center to Stop Educator Sexual Abuse, Misconduct, & Exploitation

Secretary DeVos Announces New Civil Rights Initiative to Combat Sexual Assault in K-12 Public Schools. Press Release, February 26, 2020. 

Sgroi,.Discovery, Reporting, Investigation, and Prosecution of Child Sexual Abuse, SEICUS Report, Volume 29, Number 1, 2000.

Shakeshaft, Charol; Cohan, Audrey. In Loco Parentis: Sexual Abuse of Students in Schools. What Administrators Should Know. Hofstra University. Jan 94.

Shakeshaft, Charol. Know the Warning Signs of Educator Sexual Misconduct. The Phi Delta Kappan, vol. 94, no. 5, 2013, pp. 8–13. JSTOR, http://www.jstor.org/stable/23611664. Accessed 8 Apr. 2026.

Walters. Physical & Sexual Abuse of Children, Indiana University Press, 1975.

Between federal and state laws, U.S. Supreme Court cases, and guidance from federal, state, and professional entities, school officials have enough information at their disposal to determine the standard of care in addressing educator sexual misconduct. In the next post, I’ll further drill down on what that standard of care looks like.

Stephen Satterly, II, is a researcher, author, and education expert witness. He can be reached at schoolsafetyshield@gmail.com.