Education attorneys are set to launch a new organization by fall 2025 that would defend students’ civil rights in court and also track and report civil rights data. The effort, according to its founding nonprofit, aims to fill the gap left by the Trump administration's dismantling of the U.S. Department of Education and its civil rights enforcement arm.
The Public Education Defense Fund will be launched by the National Center for Youth Law, which advocates for educational equity among other youth-related issues. It will contract with former Office for Civil Rights attorneys.
“At a time when civil rights protections for students are under unprecedented attack, preserving those rights is not negotiable — it’s vital," said Johnathan Smith, chief of staff and general counsel at NCYL. "We can't stand by while the federal government abandons its responsibility to uphold the basic rights of children and young people in this country.”
As part of the administration's efforts to "end bureaucratic bloat" and send educational control to the states, U.S. Secretary of Education Linda McMahon laid off half of the Education Department's staff as part of what she called the agency’s "final mission." The move was followed by an executive order from President Donald Trump calling for the department to be shut down to "the maximum extent appropriate and permitted by law.”
The Education Department's Office for Civil Rights took a major blow, with the department shuttering seven of the 12 regional offices that were in charge of more than half of the nation's open civil rights cases. Over 200 OCR employees were laid off as part of the reduction in force.
Under the Biden administration, those employees carried a load of more than 40 cases per person. Attorneys fired as part of the reduction in force were in charge of investigating civil rights complaints related to discrimination and harassment in schools, as well as overseeing resolution agreements with school districts. These agreements guide the school systems involved in making policy changes to improve educational access, especially for historically marginalized students.
Prior to the announcement of the Public Education Defense Fund, NCYL filed a lawsuit against the Education Department in March to challenge the changes at the OCR. The lawsuit said the civil rights enforcement arm "stopped investigating complaints from the public based on race or sex discrimination, it cherry-picked and, on its own initiative, began targeted investigations into purported discrimination against white and cisgender students."
