Federal Civil Rights Protections for Students are Unraveling

Major News Outlets Cite IDRA Experts and Families as Racism Complaints Remain Unresolved

Key takeaways

  • Federal civil rights protections for students are weakening as OCR investigations stall.
  • Major news outlets cite IDRA experts and families affected by unresolved racism complaints.
  • More than 1,000 racial harassment investigations remain open nationwide.
  • Regional OCR office closures have left families without federal recourse.
  • School districts can take steps to address identity-based bullying locally.
Resource from the Intercultural Development Research Association (IDRA), a nonprofit advancing education equity.

Once a key tool for accountability, the Office for Civil Rights now leaves families and students with little avenues for justice. A stream of major news stories features families IDRA has been working with.

With identity-based bullying on the rise in our schools, one in four students experiences bullying related to their race, national origin, religion, disability, gender or sexual orientation.

This has been fueled in part by misinformation spread as a result of recent efforts to attack and undermine diversity, equity and inclusion efforts in education.

When schools struggle to respond appropriately or even exacerbate the problem, the Office for Civil Rights has the responsibility to protect students. But the massive cuts at the U.S. Department of Education and its Office for Civil Rights this year have stymied its role.

As reported in The Washington Post and Hechinger Report, IDRA Chief Legal Analyst Paige Duggins-Clay, J.D., said: “In many of our communities where people feel isolated and like they didn’t have anyone to turn to, OCR mattered and gave people a sense of hope. And it matters that [the Administration] essentially destroyed it.”

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She also informed ProPublica reporters: “The message that it sends is that the people impacted by racial discrimination and harassment don’t matter.”

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ProPublica’s investigation found: “More than 1,000 racial harassment investigations initiated in previous administrations still are open. Most of those complaints involve harassment of Black students.”

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The closure of regional OCR offices has further stalled progress and left complaints without investigation or closure. This dismantles that capacity strips families of recourse. Without federal follow-through, identity-based bullying and discrimination persist without consequence in schools, reinforcing harmful environments for Black students. See IDRA’s issue brief, Bullying and Harassment in Texas Schools Policy Recommendations – IDRA Issue Brief.

School Districts Can Take Steps to Protect Students

IDRA works with families to advocate for their children and help to stop identity based bullying in their school community. To learn more or seek assistance advocating for other school communities to adopt policies to address identity-based bullying, visit the IDRA SEEN Model Policy Shop.

Additional resources, including a comprehensive literature review and strategies for schools, educators, and students to identify, address, and prevent bullying and harassment, are available in IDRA’s Interrupting Bullying and Harassment in Schools – Online Technical Assistance Toolkit. IDRA is available for any questions or further resources that we can provide. For more information, contact Paige Duggins-Clay, J.D., at paige.duggins-clay@idra.org


FAQs

What is happening to federal civil rights protections for students?

Federal enforcement has weakened as staffing cuts and office closures stall investigations into discrimination and harassment.

What role does the Office for Civil Rights play?

OCR investigates complaints of discrimination and harassment in schools receiving federal funding.

Why are complaints remaining unresolved?

Cuts at the U.S. Department of Education and OCR have reduced the agency’s capacity to investigate cases.

Who is most affected by stalled investigations?

Many unresolved cases involve racial harassment, particularly complaints affecting Black students.

What can school districts do while federal enforcement is limited?

Districts can adopt policies and practices to prevent and address identity-based bullying locally.

How does IDRA support families and schools?

IDRA works with families, provides advocacy support and offers policy tools and technical assistance.

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