As millions of students prepare to return to school, the U.S. Department of Education (Department) still hasn’t explained how it will protect students’ civil rights and special education rights after announcing plans to transfer major responsibilities to other federal agencies. Last week, the National Center for Youth Law (NCYL), the Lawyers’ Committee for Civil Rights Under Law (LCCRUL), and the Council of Parent Attorneys and Advocates (COPAA) demanded transparency and advanced a sweeping legal effort to force transparency from the Department. On Friday, NCYL filed two lawsuits in federal court in response to the Department’s repeated failure to comply with the Freedom of Information Act’s (FOIA) statutory deadlines for responding to public records requests. 

The first lawsuit, filed jointly with COPAA, seeks records about the Office for Civil Rights’ processing of disability discrimination complaints amid growing concerns about staffing reductions and enforcement capacity. The second lawsuit, filed by NCYL, seeks records responsive to four separate FOIA requests concerning the Department’s handling of civil rights complaints, the release of the Civil Rights Data Collection for 2023-24, and communications with outside organizations regarding federal education. 

“Students with disabilities deserve an equitable, discrimination-free education. When discrimination based on disability occurs, there must be a process to investigate and address it,” said Selene Almazan, Legal Director at COPAA. “Students and families also deserve accountability, which depends entirely on the transparency FOIA guarantees. The Department’s inaction on these requests directly blocks that transparency, and this cannot stand.” 

Read the full press release here.