What recourse does a parent or caregiver have when their child is physically restrained, secluded, and traumatized in a public school? Several options exist when the inappropriate use of physical restraint or seclusion has violated a child’s rights. On a federal level, parents can file complaints with the Department of Education’s Office for Civil Rights or the Department of Justice’s Civil Rights Division. The Office of Civil Rights and the Department of Justice have long led federal efforts to protect the civil rights of children with disabilities and Black and brown children who are disproportionally subjected to physical restraint and seclusion in public schools nationwide. That could all be changing.
Recent changes at the U.S. Department of Education’s Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division are placing the nation’s most vulnerable students—children with disabilities and Black and Brown children—at unprecedented risk. Under the guise of “common sense” reforms and a campaign against so-called “radical equity ideology,” critical federal protections are being dismantled, threatening decades of progress that have been made in American schools since the civil rights movement began.
Executive Orders and the Weaponization of Diversity, Equity, and Inclusion (DEI)
On April 23, 2025, President Trump signed the executive order “Reinstating Common Sense School Discipline Policies,” reversing Obama- and Biden-era guidance that sought to address the disproportionate impact of punitive and exclusionary discipline on students of color and students with disabilities. The order denounces the use of “discriminatory and unlawful ‘equity’ ideology” in school discipline, alleging that prior efforts to address racial disparities forced schools to “discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone”. In reality, the 2014 guidance sought to ensure that discipline policies did not unfairly target marginalized students—a problem well-documented by decades of research.
The administration has launched a broad attack on Diversity, Equity, and Inclusion (DEI) initiatives, framing them as divisive and illegal. The Department of Education’s February 2025 “Dear Colleague” letter warned schools that DEI activities could violate Title VI of the Civil Rights Act, threatening the loss of federal funding for institutions that continue such programs. This is not just a rollback; it is a weaponization of civil rights enforcement to target the very programs designed to protect marginalized students.
Diversity, Equity, and Inclusion (DEI) Matters
DEI initiatives are not about favoritism or “radical ideology”. DEI initiatives were introduced into schools to address and respond to the growing diversity of student populations and to ensure that every student—regardless of race, ability, background, or identity—has equitable access to educational opportunities and a sense of belonging. DEI initiatives help reduce barriers for marginalized students, improve academic and social outcomes, and prepare all students to thrive in an increasingly diverse and interconnected world. For children with disabilities and Black and Brown students, DEI is often the difference between opportunity and exclusion, between support and failure.
More Vulnerable Students at Risk
The loss of critical federal protections will have an impact. The potential consequences of these policy shifts are stark:
- Disproportionate Discipline: Students with disabilities and Black students already face far higher rates of suspension, expulsion, and referral to law enforcement than their peers. For example, Black secondary students with disabilities have a suspension risk exceeding 40% in many districts. Eliminating protections against disparate impact will only worsen these disparities.
- School-to-prison Pipeline: Punitive and exclusionary discipline practices are a key contributor to the school-to-prison pipeline, pushing students—especially those with disabilities and Black and brown students—out of classrooms and into the criminal justice system. The new executive order’s focus on “objective behavior” ignores the reality of implicit bias and the need for supportive, restorative approaches.
- Reduced Accountability: Significant layoffs at the Department of Education have gutted the Office of Civil Rights (OCR), cutting nearly half its staff and leaving thousands of civil rights complaints unresolved—about half of which involve disability discrimination. The DOJ Civil Rights Division has also been purged of experienced attorneys, with priorities shifted away from protecting students’ rights toward issues like transgender athlete participation.
- Reduced Enforcement: With fewer investigators and a reprioritization of enforcement, schools and districts are less likely to be held accountable for violating students’ rights. This creates a permissive environment where discrimination and exclusion can flourish unchecked. This means that students who are being inappropriately physically restrained, secluded, or subjected to discriminatory discipline are losing critical federal protections.
Standing Up for Vulnerable Children
The Alliance Against Seclusion and Restraint stands with families, educators, and advocates fighting to preserve the hard-won rights of children with disabilities and Black and brown students. We must not allow the misguided weaponization of “common sense” and the demonization of DEI to undo the progress made toward a more just and inclusive education system. The stakes are nothing less than the civil rights and futures of millions of vulnerable children.
Now, more than ever, we must raise our voices, demand accountability, and insist that every child—regardless of race, disability, or background—has the right to learn, grow, and thrive in a safe and supportive school.
