In a noteworthy legal battle, a coalition of parents and students has filed a motion to block the U.S. Department of Education’s civil rights investigation and enforcement policies. They argue that these policies, implemented under the Trump administration, have halted the processing of numerous complaints related to racial harassment, disability discrimination, and other civil rights violations in schools.
According to the lawsuit, filed in a Washington, D.C. district court, the Education Department’s Office for Civil Rights (OCR) has significantly altered how it handles civil rights complaints. The motion, filed Monday, contends that the department has “functionally ended the processing of scores of complaints,” allowing racial harassment, the restraint and seclusion of students with disabilities, and various forms of discrimination to go unchecked.
Derwyn Bunton, chief legal officer at the Southern Poverty Law Center, emphasized the critical role of the Education Department in upholding civil rights protections for all students, including children of color and students with disabilities. “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,” said Derwyn Bunton, chief legal officer at Southern Poverty Law Center, in a statement Monday.
The lawsuit also claims that, rather than investigating public complaints of race or sex discrimination, the OCR has selectively initiated probes into allegations of discrimination against white and cisgender students. This approach, according to the plaintiffs, leaves vulnerable students, particularly students of color and those with disabilities, without adequate protection.
This legal action follows a series of controversial moves by the Education Department regarding civil rights enforcement. In April, the department announced the creation of a Title IX Special Investigations Team, which tasked the U.S. Department of Justice with investigating and enforcing policies related to the exclusion of transgender students from girls’ and women’s athletic teams and other school spaces. The move drew backlash from civil rights advocates, who argue that it disproportionately targets LGBTQ+ students.
Additionally, in February, the department launched an “End DEI” portal designed for the public to report what it termed “illegal discriminatory practices,” specifically targeting diversity, equity, and inclusion (DEI) efforts in schools. The courts blocked this portal following a lawsuit, as critics argued it hindered the implementation of inclusive educational practices for marginalized students.
In a related development, the department’s mandate requiring states and districts to certify that they do not incorporate DEI into their practices was also struck down. The National Association for the Advancement of Colored People (NAACP) led the lawsuit, and the Washington, D.C. district court ruled on April 24 that the certification requirement could not be enforced. Subsequently, the Education Department rescinded the requirement.
Civil rights groups see the recent court decisions as a step toward preserving DEI initiatives, which they argue are essential for creating welcoming environments for students of color, students with disabilities, and LGBTQ+ students.
The Education Department has not publicly commented on the lawsuit. However, the case highlights the ongoing tension between civil rights advocacy groups and the department’s current stance on equity-related practices.
The court’s response to Monday’s motion for a preliminary injunction will determine whether the Education Department will be compelled to alter or suspend its current civil rights enforcement policies.
Stay tuned for more updates as this legal battle unfolds.
