Education civil rights advocates call on state leaders to expand vital protections for students

Letter is a direct response to Trump administration's harmful rhetoric and actions to dismantle public education, including rollback of civil rights enforcement

WASHINGTON — The National Center for Youth Law (NCYL) and 24 members of its Education Civil Rights Alliance (ECRA) have called on state leaders to maintain and strengthen students' civil rights protections, which are increasingly under attack by the Trump administration.

In a March 11 letter, which you can read in full here, the group of organizations and individuals outline urgent recommendations to state leaders to improve civil rights supports for students, particularly amid recent federal policy changes that undermine civil rights. The letter is a direct response to the Trump administration's concerning rhetoric and actions to dismantle public education, including harmful executive orders, rollbacks on diversity, equity and inclusion, and a recent policy decision by the Department of Education's Office for Civil Rights to stop processing or investigating claims related to race- or sex-based discrimination.

In the letter, the ECRA organizations note that they are "deeply disturbed by the rapid erosion and dismissal of education civil rights enforcement to achieve divisive and often discriminatory ends."

"Efforts to reduce or eliminate federal civil rights oversight of recipients of federal funding has begun and will exacerbate already deeply rooted systemic discrimination in education," they continue. "Now is the time for states to act."

The ECRA, which is convened by NCYL, was formed in 2017 to protect the civil rights of historically and presently marginalized students by empowering students, parents, educators, school districts, and advocates with timely resources on creating safe, inclusive, and equitable schools. The ECRA also supports state and local partners with policy and legal actions aimed at achieving this vision for schools.

The letter also includes specific recommendations for state executives and legislators to improve the collection and public reporting of civil rights data on schools and districts. 

Among the group's recommendations for executive leaders, which include governors, chief state school officers, state attorneys general, and state boards of education, is to:

• Create and/or strengthen administrative complaint processes and guidance;
• Increase funding to expand civil rights enforcement in the state attorney general's office; and
• Issue guidance that informs students and families of their rights and instructions on how they can file state civil rights complaints.

The recommendations to legislators include calls to:

• Expand or create state civil rights protections to enable a private right of action in state court for sex-, race-, and disability-based discrimination in schools;
• Create state civil rights and/or human rights enforcement agencies or expand the jurisdiction of current agencies to include the authority to prosecute discrimination cases that impact children attending public schools; and
• Increase the executive capacity to oversee and enforce civil rights protections for students, including through increasing staffing and funding of the state attorney general’s office and other state enforcement agencies.

The letter also calls for consistent, accurate data collection and reporting to ensure schools are safe, inclusive environments for all students.

The Trump administration's recent attacks on public education send a chilling message that schools and districts no longer need to foster school communities where every child feels welcome and safe.

"As the federal government abdicates its duties to faithfully enforce civil rights," the letter signers note, "states must step up as students’ primary safeguard from discrimination in schools."

The letter and accompanying state policy recommendations, which are aimed at improving school climate, deepening investment in mental health supports, and creating pathways for equitable funding, are endorsed by the following ECRA members, in addition to NCYL:

• Advocating 4 Kids Inc
• Center for Law and Education
• Civitas ChildLaw Center at Loyola University Chicago School of Law
• EdTrust
• Education Deans for Justice and Equity
• Education Law Center-PA
• Empowering Pacific Islander Communities (EPIC)
• FedSDC
• GLSEN
• IDRA (Intercultural Development Research Association)
• Illinois Families for Public Schools
• Judge David L. Bazelon Center for Mental Health Law
• Kareem Neal
• Lives in the Balance
• Massachusetts Advocates for Children
• NAACP Legal Defense Fund
• Public Advocacy for Kids (PAK)
• Public Advocates Inc.
• Public Counsel
• Public Justice
• Student Advocacy Center of Michigan
• The Advocacy Institute
• Tom Rademacher
• Youth Justice Education Clinic at Loyola Law School