Preliminary injunction seeks to reverse actions by Department’s Office for Civil Rights that have abandoned thousands of claims and investigations
WASHINGTON, D.C. — A group of students and parents, represented by the National Center for Youth Law (NCYL), the Southern Poverty Law Center (SPLC), and the Council of Parent Attorneys and Advocates, Inc. (COPAA), filed a motion for preliminary injunction Friday in their lawsuit against the U.S. Department of Education seeking to block the Department’s unlawful rollback of civil rights protections for students experiencing discrimination in schools.
The motion, filed in federal district court in Washington, D.C., asks the court to immediately halt the Department’s recent policy decision to abandon thousands of investigations within its Office for Civil Rights (OCR). It follows the filing of the plaintiffs’ amended lawsuit on April 10 and is supported by several sworn declarations from parents and current and former OCR staff that detail the perilous, ongoing harm many plaintiff children and thousands of students across the country continue to face as a result of the discrimination they experience in schools.
“It’s critical that the court intervenes now — both to bring justice to thousands of families who’ve been left with no answers, and to prevent further harm to countless more students across the country,” said David Hinojosa, Co-Director of Litigation at NCYL. “No student should be made to feel they don’t matter.”
“This administration’s continued attempts to destroy the U.S. Department of Education is an attack on every child in our public schools. A key role of the Department of Education is to ensure civil rights protections for all students including children of color and students with disabilities, and oftentimes, especially in southern states, the office for civil rights is the only way students and families can ensure access to their educational rights. We need the courts to intervene immediately to protect our nation’s most vulnerable students,” said Derwyn Bunton, Chief Legal Officer at SPLC. “SPLC is proud to stand by our partners to fight these actions with every tool that we have—alongside educators, students, and communities who understand that education is a fundamental right, not a privilege.”
“An OCR that is solely focused on the distortion of diversity, equity and inclusion (DEI), especially the expense of students with disabilities who come from all backgrounds, orientations, and experiences, is not an OCR we support. However, COPAA members, who are plaintiffs in this lawsuit, are suffering from exclusion based on civil rights violations that are not being investigated,” said Denise Marshall, COPAA, CEO. “So, we are seeking injunctive relief and requesting that OCR restaff and begin investigations as they are required to do by law.”
The lawsuit, filed following substantial cuts to OCR, asks the judge to order the Department to restore OCR’s capacity to fully conduct civil rights investigations as required by law, and for OCR to provide periodic updates to the court about its efforts to process and investigate civil rights complaints.
In the lawsuit, NCYL, SPLC, and COPAA detail how OCR has effectively deserted its core function of investigating complaints from students and families who allege discrimination and/or harassment on the basis of race, sex, and disability. Since March, the agency has been devastated by mass layoffs and closures of seven out of 12 of OCR’s regional offices, which have obstructed families’ access to OCR’s complaint and investigation process.
The Department of Education has provided no information or apparent plan for how student and family rights will be protected. The plaintiffs allege that the actions of the Department of Education and OCR violate the U.S. Constitution’s Equal Protection Clause and the federal Administrative Procedure Act.
“Thousands of students and families turn to OCR annually as a last resort for oversight and accountability,” said Hinojosa, at NCYL. “While their complaints vary in nature, each of these students and families deserves justice.”
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About the Southern Poverty Law Center
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.
About the National Center for Youth Law
The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transform our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit youthlaw.org.
About the Council of Parent Attorneys and Advocates
The Council of Parent Attorneys and Advocates is an independent, nonprofit organization of more than 3,500 parents, attorneys, advocates, and related professionals; more than 90% of whom identify as having a disability or are parents or family members of individuals with disabilities. COPAA members are active in all 50 states, the District of Columbia, and several US territories and work to protect student civil rights and secure excellence in education on behalf of the nearly 9.5 million students with disabilities in America who have qualifying disabilities under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973. For more information, visit copaa.org.