Parents worry about civil rights complaints if Education Department closes

ATLANTA, Ga. (Atlanta News First) - Civil rights investigations into hundreds of Georgia education-related discrimination complaints could be left unresolved following President Donald Trump’s executive order to dismantle the U.S. Department of Education.

The decision, announced earlier this month, would likely eliminate the agency’s Office for Civil Rights (OCR), which is tasked with ensuring equal access to education and enforcing civil rights laws in schools and universities. More than 500 civil rights investigations are pending in Georgia, including several high-profile cases filed by parents and advocacy groups.

Among them is a case involving Theo Hutchins, a six-year-old student with Down syndrome whose mother, Chelsea Hutchins, said Gwinnett County Public Schools (GCPS) has repeatedly failed to provide him with legally required support services under the Individuals with Disabilities Education Act (IDEA).

Hutchins filed a federal civil rights complaint last year after what she said was repeated delays and denials of accommodations for her son, including access to a communication device and appropriate classroom inclusion.

“The system is set up to bring all kids together,” she said. “Yet the way it plays out, it’s like they’re trying to sort and segregate.”

According to her complaint, the school district resisted placing Theo in a general education classroom at his neighborhood school and delayed providing an augmentative communication device until the last day of the school year.

Theo’s parents believe administrators tried to make it seem like he was failing in order to justify transferring him to another school, where services would be easier for the district to provide.

“They minimized or dismissed any progress because they didn’t want to alter the organization of their special education programs,” Chelsea Hutchins wrote in her complaint.

Now, she fears the department’s closure will mean her complaint won’t be resolved.

“GCPS is committed to fostering an inclusive and supportive learning environment for each and every student,” the school system said. “GCPS does not discriminate based on race, gender, or disability and follows state and federal laws that protect students with disabilities from discrimination.

“Due to student privacy laws, we are unable to comment on specific situations,” the system’s statement said. “However, GCPS will continue to uphold policies and guidelines that promote fairness, equity, and academic excellence while working collaboratively with families to meet students’ needs.”

Hutchins’ concerns echo those of Azka Mahmood, executive director of the Georgia chapter of the Council on American-Islamic Relations (CAIR), who filed a separate OCR complaint last year on behalf of students at Emory University. That complaint accused the university of failing to address discrimination against Palestinian, Arab and Muslim students before and after protests broke out on campus following deadly attacks in Gaza.

A widely publicized crackdown by police during those protests led to national headlines and prompted OCR to investigate whether Emory created a hostile environment for students based on national origin.

Earlier this year, OCR and Emory reached a settlement agreement. Without admitting wrongdoing, the university agreed to revise its nondiscrimination and protest policies, enhance its procedures for responding to discrimination complaints, and provide annual training and climate surveys to better identify discrimination on campus.

“These Title VI complaints are filed very sincerely,” Mahmood said. “They often highlight very dangerous and scary situations for students. They’re not frivolous.”

Despite the resolution in the Emory case, Mahmood said it’s often the quieter, less visible discrimination cases in K-12 schools that need the most attention.

“The real things that happen every day at K-12 schools are just as important, if not more important,” she said, “because those students cannot speak up for themselves.”

Trump’s plan calls for the U.S. Department of Health and Human Services to take over certain education programs, including special education. But during a recent Fox News interview, new Education Secretary Linda McMahon appeared to struggle to explain what IDEA was.

Asked by a host what the program was, McMahon replied: “Well, you know what, I’m not sure, except it’s for the programs for the disabled and needs.”

Hutchins said watching that interview left her disheartened. “I just shook my head,” she said. “It was really disappointing.”

Atlanta News First Investigates reached out to the Department of Education for clarity on which programs would be transferred to other federal agencies. The department did not respond.

If the OCR is eliminated, parents may still be able to submit complaints to the U.S. Department of Justice.

If there’s something you would like Atlanta News First Investigates to dig into, fill out this submission form.