Education Dept. Cuts Compound Disability Discrimination Harm to NYC Students

NEW YORK, NY — Last week, the U.S. Department of Education announced massive layoffs, effectively gutting its Office for Civil Rights, as well as eliminating 7 of its 12 regional civil rights offices across the country, including the location in New York. According to the department’s remaining civil rights investigators, these drastic cuts will make it “virtually impossible” to resolve discrimination complaints. 

Lawyers and advocates representing 17 families of students with disabilities, who previously filed a federal complaint with the Education Department’s Office of Civil Rights against the City of New York for bussing discrimination against students with disabilities, are speaking out to condemn the hollowing out of this critical department and to demand justice in the timely resolution of this case.  

Legal Services NYC Education Rights Project Attorney Tara Foster, New York Legal Assistance Group (NYLAG) Special Education Unit Director Jessica Selecky, and Mobilization for Justice Staff Attorney Andrew Gerst issued the following joint statement:  

“These drastic cuts at the U.S. Department of Education Office for Civil Rights will have – and, indeed, already have had – devastating real-world consequences for students with disabilities and their families by eliminating a primary avenue of redress for these students to protect their legally mandated right to equal education.  

“We fear that without swift intervention, the de-prioritization and outright abandonment of disability discrimination investigations like our bussing discrimination complaint will only get worse.  

“We applaud the decisive, forceful response from a coalition of 21 attorneys general, led by New York Attorney General Letitia James, to sue the administration for the ‘outrageous’ and ‘reckless’ firings, which the AGs assert are illegal and unconstitutional. 

“Unfortunately, as the ongoing chaos, confusion and legal battles ensue, students with disabilities and their families remain in limbo. Without the ability to provide timely resolution, even students like those we represent, who already have filed civil rights complaints, will continue facing discrimination, inadequate educational supports and lack of necessary accommodations with each day that passes awaiting justice.  

“The result is potentially irrevocable harm to students with disabilities and their families. Further delays are not simply a matter inconvenience or frustration for these families and students. What it actually means is prolonging the discrimination that is irreparably thwarting academic progress and causing students to fall further behind, making it that much harder to make up learning loss and delayed achievement over time.  

“In New York City, home to the nation’s largest school system, as well as one of the most racially and socio-economically segregated school systems in the country, students with disabilities who are also children of color, living in low-income households or experiencing housing insecurity face even greater barriers to equal education. Stripping federal funds aimed at addressing these overlapping inequities now makes these barriers nearly insurmountable for students impacted by multiple forms of inequality. 

“Eliminating the New York regional civil rights office in particular delivers an additional significant blow to students and families experiencing discrimination in New York City schools. Firing NYC regional office staff is an especially detrimental loss of institutional knowledge and specialized expertise needed to effectively navigate the unique complexities and massive scale of the NYC Department of Education. 

“Ultimately, without a functioning Office of Civil Rights, parents of children with disabilities will have fewer avenues to redress denials of their student’s legal right to receive a free appropriate public education without discrimination due to their disability.” 

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About Legal Services NYC (LSNYC) 
Legal Services NYC fights poverty and seeks racial, social, and economic justice for low-income New Yorkers. For over 50 years, LSNYC has challenged systemic injustices that trap people in poverty and helped clients meet basic needs for housing, income and economic security, family and immigration stability, education, and health care. Our staff of dedicated advocates have deep roots in the communities we serve so New Yorkers and their families can access the services, resources, and protections they need to survive. 

About NYLAG  
Founded in 1990, New York Legal Assistance Group (NYLAG) is a leading civil legal services organization combatting economic, racial and social injustice by advocating for people experiencing poverty or in crisis. Our services include comprehensive, free civil legal services, financial empowerment, impact litigation, policy advocacy and community partnerships. Prioritizing client-centered, trauma-informed and community-rooted programming, NYLAG worked at more than 200 community sites and impacted the lives of more than 127,000 people last year.   
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About Mobilization for Justice, Inc. (MFJ) 
Mobilization for Justice’s (MFJ) mission is to achieve justice for all. MFJ prioritizes the needs of people who are low-income, disenfranchised, or have disabilities as they struggle to overcome the effects of social injustice and systemic racism. We provide the highest-quality free, direct civil legal assistance, conduct community education and build partnerships, engage in policy advocacy, and bring impact litigation. MFJ also promotes diversity, equity, and inclusion in our workplace, and understands the need to eliminate all racial disparities to achieve justice for all. Mobilization for Justice has worked for years with students with disabilities in a wide variety of contexts, including at disciplinary hearings, special education impartial hearings, and IEP meetings.