Skip to content Skip to footer

As Hundreds of Civil Rights Cases Are Dismissed by Education Department, National Groups Take on DeVos

The department’s new complaint guidelines are undermining its own obligation to investigate civil rights violations.

Protestors demonstrate as Education Secretary Betsy DeVos speaks at the Harvard University John F. Kennedy Jr. Forum on 'A Conversation On Empowering Parents' moderated by Paul Peterson on September 28, 2017, in Cambridge, Massachusetts. (Paul Marotta / Getty Images)

Weeks after civil rights advocates began receiving notifications from the Department of Education that their cases regarding discrimination in schools were being dismissed, three national groups filed a lawsuit Thursday arguing that the department’s new complaint guidelines are undermining its own obligation to investigate civil rights violations.

“You don’t have be an attorney to know these revisions are unlawful,” Marcie Lipsitt, a disability rights advocate, told Education Week. “They go against the [Office for Civil Rights’] mission statement. “These provisions strip every American of their civil rights and their ability to file civil rights complaints. And the beauty of civil rights complaints has been that everyone has been able to file one.”

Claiming that civil rights complaints can place an “unreasonable burden” on its Office for Civil Rights (OCR), Education Secretary Betsy DeVos as revised the department’s procedures. The new guidelines allow officials to dismiss hundreds of complaints regarding unfair treatment of students of color, inadequate resources for students with disabilities, and other forms of systemic discrimination. The appeals process for resolutions has also being eliminated.

The NAACP, the National Federation of the Blind, and the Council of Parent Attorneys and Advocates argue that the changes are unlawful and have asked a judge to block the department from enforcing the new guidelines.

Filing complaints with the DOE has been “one way, sometimes the only way, for vulnerable people who can’t afford to litigate, to get their cases heard, and that’s being taken away,” Eve Hill, the plaintiff’s lawyer, told the New York Times.

The new policy will allow the dismissal of cases that fit a “pattern” of multiple complaints filed by individuals or advocacy groups.

For example, Lipsitt — who has been labeled a “frequent flier” by the department — has successfully reached more than 1,000 agreements with schools in which the institutions have agreed to make their websites accessible to people who are deaf or blind. About 500 of Lipsitt’s new complaints have been dismissed, the Times reported.

“No one even knew about this issue until I started filing,” Ms. Lipsitt told the Times last month after the DOE introduced its new procedures. “I didn’t want to get anybody in trouble. I just wanted to raise awareness.”

Joey Poirier, a special education advocate who’s filed dozens of civil rights complaints against school districts in Florida, has also been notified that 10 of his open cases have been closed due to the new procedure.

“These weren’t fraudulent, bogus complaints — these were all complaints that were legitimate,” Poirier told the74million.org, an education news website. “I guess we have selective civil rights in the United States now.”

Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn

Dear Truthout Community,

If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.

We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.

Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.

There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.

Last week, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?

It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.

We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.

We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.

Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment.

We’re with you. Let’s do all we can to move forward together.

With love, rage, and solidarity,

Maya, Negin, Saima, and Ziggy