COPAA celebrates last week’s ruling in the United States District Court for the District of Nevada in C.W. v. Nevada Department of Education. COPAA and twelve students with disabilities and their families are the named plaintiffs in this federal class action lawsuit against the Nevada State Department of Education (“NDE”) and the Clark County School District (“CCSD”), alleging that the school district has systemically failed to comply with the Individuals with Disabilities Education Act, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act; and that NDE has failed to ensure the district’s compliance with these laws.

The defendants moved to dismiss the lawsuit on several grounds and also filed to strike the class allegations; on September 18, 2025, the Court denied the defendants’ motions. This means that the lawsuit can proceed. COPAA and the plaintiff families seek reforms for the alleged widespread violations of students’ legal and civil rights within CCSD, which include systemic failures to carry out its Child Find duties, to appropriately evaluate students, and to provide appropriate special education and related services and behavioral supports. You can read the Plaintiffs’ Amended Complaint in the lawsuit here.

With this recent ruling, the families of children with disabilities in CCSD are one step closer to vindicating their rights under federal law. 

The families are represented by Lori C. Rogich of Rogich Law Firm; Hillary D. Freeman of Freeman Law Offices; Judith A. Gran and Catherine Merino Reisman of Reisman Gran Zuba; Jeffrey I. Wasserman and Gregory G. Little of Wasserman Little; and the law firm of Simmons Freeman.

Ninth Circuit Reverses Dismissal of Special Education Lawsuit Against Oregon DoE

Federal appeals court rules claims against state must be heard on merits

WASHINGTON, D.C. — A group of students and parents, represented by the National Center for Youth Law (NCYL), the Southern Poverty Law Center (SPLC), and the Council of Parent Attorneys and Advocates, Inc. (COPAA), filed a motion for preliminary injunction Friday in their lawsuit against the U.S. Department of Education seeking to block the Department's unlawful rollback of civil rights protections for students experiencing discrimination in schools.

The motion, filed in federal district court in Washington, D.C., asks the court to immediately halt the Department's recent policy decision to abandon thousands of investigations within its Office for Civil Rights (OCR). It follows the filing of the plaintiffs' amended lawsuit on April 10 and is supported by several sworn declarations from parents and current and former OCR staff that detail the perilous, ongoing harm many plaintiff children and thousands of students across the country continue to face as a result of the discrimination they experience in schools.

"It's critical that the court intervenes now — both to bring justice to thousands of families who've been left with no answers, and to prevent further harm to countless more students across the country," said David Hinojosa, Co-Director of Litigation at NCYL. "No student should be made to feel they don't matter." “

This administration’s continued attempts to destroy the U.S. Department of Education is an attack on every child in our public schools. A key role of the Department of Education is to ensure civil rights protections for all students including children of color and students with disabilities, and oftentimes, especially in southern states, the office for civil rights is the only way students and families can ensure access to their educational rights. We need the courts to intervene immediately to protect our nation's most vulnerable students,” said Derwyn Bunton, Chief Legal Officer at SPLC. “SPLC is proud to stand by our partners to fight these actions with every tool that we have—alongside educators, students, and communities who understand that education is a fundamental right, not a privilege.”

“An OCR that is solely focused on the distortion of diversity, equity and inclusion (DEI), especially at the expense of students with disabilities who come from all backgrounds, orientations, and experiences, is not an OCR we support. However, COPAA members, who are plaintiffs in this lawsuit, are suffering from exclusion based on civil rights violations that are not being investigated,” said Denise Marshall, COPAA, CEO. “So, we are seeking injunctive relief and requesting that OCR restaff and begin investigations as they are required to do by law." 

The lawsuit, filed following substantial cuts to OCR, asks the judge to order the Department to restore OCR's capacity to fully conduct civil rights investigations as required by law, and for OCR to provide periodic updates to the court about its efforts to process and investigate civil rights complaints. 

In the lawsuit, NCYL, SPLC, and COPAA detail how OCR has effectively deserted its core function of investigating complaints from students and families who allege discrimination and/or harassment on the basis of race, sex, and disability. Since March, the agency has been devastated by mass layoffs and closures of seven out of 12 of OCR’s regional offices, which have obstructed families’ access to OCR’s complaint and investigation process. 

The Department of Education has provided no information or apparent plan for how student and family rights will be protected. The plaintiffs allege that the actions of the Department of Education and OCR violate the U.S. Constitution's Equal Protection Clause and the federal Administrative Procedure Act. "Thousands of students and families turn to OCR annually as a last resort for oversight and accountability," said Hinojosa, at NCYL. "While their complaints vary in nature, each of these students and families deserves justice." ###

The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transform our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit youthlaw.org.

The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.

The Council of Parent Attorneys and Advocates is an independent, nonprofit organization of more than 3,600 parents, attorneys, advocates, and related professionals; more than 90% of whom identify as having a disability or are parents or family members of individuals with disabilities. COPAA members are active in all 50 states, the District of Columbia, and several US territories and work to protect student civil rights and secure excellence in education on behalf of the nearly 9.5 million students with disabilities in America who have qualifying disabilities under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973. For more information, visit copaa.org. 

Plaintiffs have pending complaints with Office for Civil Rights, alleging sexual assault, harassment and discrimination based on race, sexual orientation and/or disability status 

WASHINGTON, D.C. — Multiple parents and students, including two in middle school, from various states across the country have joined a federal lawsuit that seeks to restore the functions of the U.S. Department of Education's Office for Civil Rights (OCR) and reverse recent actions that effectively eliminate OCR’s ability to process and investigate civil rights complaints, according to an amended complaint filed today.

Each of the additional plaintiffs in the suit, filed by the National Center for Youth Law (NCYL) and Council of Parent Attorneys and Advocates, Inc. (COPAA), have pending claims with OCR alleging discrimination on the basis of race, sex, sexual orientation, gender identity, and/or disability. The initial lawsuit was filed March 14.

"At a time when hostility toward the transgender community is at an all-time high, it is immoral and irresponsible for the agency charged with safeguarding students from discrimination to turn their back on these kids," said Melissa Combs, a parent plaintiff who was forced to move her child to a different school after her child was harassed due to their gender identity. "No student should have to experience what mine did, and no parent should have to take the extraordinary steps I’ve had to take to ensure my child’s equal access to an education." 

Other parents expressed similar concerns. 

"No parent should ever have to hear and know their child had to endure such experiences," said plaintiff Elizabeth Stewart-Williams, whose daughter received no support after being sexually harassed and discriminated against at school. "The OCR complaint process was our only pathway for help. The school district’s first reaction was to bury the incident and then retaliate against my daughter." 

Stewart-Williams highlighted the plight of many parents and families.

"If the department and its investigative and protective roles are diminished, what remedies do our children truly possess?" she asked. "What justice exists? Who’s going to speak up when the voices of young victims are silenced and their pain minimized? These survivors are our future leaders and we must protect them now." 

Amy Cupp, another parent plaintiff, has spent months advocating against the restraint and seclusion her 12-year-old daughter has faced at school. Cupp said she felt a sense of relief when OCR informed her it would investigate her complaint, but that feeling quickly vanished. 

"We finally had hope," she said. "But it wasn’t very long before we learned that the OCR office was closed. It is crushing. It is cruel. Our schools and our government are supposed to protect our children, not cause harm or let harm happen.” 

The amended complaint was filed in federal district court in Washington, D.C., on behalf of the four students and five parents now joining the lawsuit, in addition to the original two parent plaintiffs and COPAA. Following substantial cuts to OCR, the lawsuit asks the judge to order the Department to restore OCR's capacity to fully conduct civil rights investigations as required by law, and for OCR to provide periodic updates to the court about its efforts to process and investigate civil rights complaints. 

"These brave students and families deserve justice, not to be abandoned by the very system put in place to support them," said Johnathan Smith, Chief of Staff & General Counsel with NCYL. "It is simply unconscionable that the administration and the Department of Education would so coldly turn its back on so many students and communities." 

Added Selene Almazan, COPAA's Legal Director: “This administration must be held accountable for the destruction of these families’ access to OCR’s complaint investigation process.The abolishment of the OCR process for these families and thousands of other families has had a devastating effect on their lives and the lives of their children.” 

The lawsuit details how OCR effectively deserted its core function of investigating complaints from students and families who allege discrimination and/or harassment on the basis of race, sex, and disability. Since March, the agency has been devastated by mass layoffs and closures

of seven out of 12 of OCR’s regional offices, which have obstructed families’ access to OCR’s complaint and investigation process. 

The Department of Education has provided no information or apparent plan for how student and family rights will be protected. The plaintiffs allege that the actions of the Department of Education and OCR violate the U.S. Constitution's Equal Protection Clause and the federal Administrative Procedure Act. 

Thousands of students and families turn to OCR annually as a last resort for oversight and accountability. While their complaints vary in nature, the response should not. These complaints

deserve to be processed. They deserve to be investigated. These students and families deserve justice. 

FOR IMMEDIATE RELEASE

March 14, 2025

Media contacts:

Willis Jacobson, NCYL: wjacobson@youthlaw.org

Laura Kaloi, COPAA: lkaloi@stridepolicy.com

Lawsuit Challenges Department of Education's Abdication of Responsibility in Processing Civil Rights Investigations

Suit filed on behalf of thousands of students and families whose race- and sex-based discrimination claims are now on pause

WASHINGTON D.C. — The National Center for Youth Law (NCYL) filed a federal lawsuit today on behalf of students and families across the country that seeks to reverse the U.S. Department of Education's Office for Civil Rights' (OCR) recent decision to effectively stop investigating civil rights complaints. 

"Failing to investigate civil rights complaints is a betrayal of students and families across the country, all of whom deserve justice," said Shakti Belway, NCYL’s Executive Director. "To abandon thousands of claims, while our schools are seeing increased bullying, harassment, and discrimination, not only goes against the very mission of the Department of Education, it sends a chilling message that schools don't need to foster an environment in which every student is safe and welcome. This only undermines student safety, while emboldening those who may not have students' best interests at heart."

The lawsuit was filed in federal district court in Washington, D.C., on behalf of two parents who have pending claims with the OCR as well as the Council of Parent Attorneys and Advocates (COPAA). It asks the judge to order OCR to continue conducting civil rights investigations, as required by law, and for OCR to provide periodic updates to the court about its efforts to process and investigate civil rights complaints. 

“Secretary McMahon and the Department must be held accountable for harmful actions taken to obstruct families’ access to OCR’s complaint investigation process when discrimination is alleged on the basis of race, sex and the intersection with disability,” stated COPAA’s legal director and co-counsel, Selene Almazan. “It is intolerable that the Administration has taken actions against a backdrop of unveiled hostility towards students of color, LGBTQI+ students and whose race and gender intersect with disability. These nefarious moves jeopardize student safety and may block their access to education programs in schools where they have a right to learn and thrive.”

The lawsuit details how OCR is perverting its core function of supporting all students who face discrimination and/or harassment by pausing investigations into discrimination on the basis of race and sex and intersectional discrimination; incapacitating OCR by gutting its staff; and obstructing families’ access to OCR’s complaint and investigation process. The suit comes in the same week Secretary McMahon laid off hundreds of OCR staff, and provided no information or apparent plan for how student and family rights will be protected. The combination of these actions affect children and disrupt the entire ecosystem designed to provide the evidence base, technical assistance and enforcement needed to assure every child learns. As explained in the lawsuit, OCR’s actions violate the U.S. Constitution's Equal Protection Clause and the federal Administrative Procedure Act. 

As a result of OCR’s actions, students and families are now denied the basic opportunity to have their discrimination claims heard and investigated. Families with pending complaints have been left in the dark as requests for information or status updates about their cases aren't answered. OCR has barred its employees from communicating with students, families and schools, meaning that all currently scheduled meetings and mediations have been canceled. This is happening at a time when OCR is receiving an unprecedented number of discrimination complaints each year. Students and families rely on OCR when their local schools or districts are unhelpful or are the perpetrators of discrimination.

###

The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit www.youthlaw.org.

The Council of Parent Attorneys and Advocates is an independent, nonprofit organization of more than 3,500 parents, attorneys, advocates, and related professionals; more than 90% of whom identify as having a disability or are parents or family members of individuals with disabilities. COPAA members are active in all 50 states, the District of Columbia, and several US territories and work to protect student civil rights and secure excellence in education on behalf of the nearly 9.5 million students with disabilities in America who have qualifying disabilities under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973. For more information, visit copaa.org.

COPAA is among the plaintiffs in a federal class action lawsuit filed in the United States District Court for the District of Nevada. Last month, COPAA and nine families of children with disabilities who attend public schools within the Clark County School District filed a First Amended Class Action Complaint for Injunctive and Declaratory Relief on behalf of the named plaintiffs and all others similarly situated. Among the defendants in the case are the Clark County School District (“CCSD”) and the Nevada Department of Education (“NDE”).

Read the amended complaint.

COPAA and its fellow plaintiffs filed the class action lawsuit due to CCSD’s alleged district-wide policies that systematically deny students with disabilities their right to a free appropriate public education under the Individuals with Disabilities Education Act (“IDEA”) and that discriminate against them in violation of Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act. 

The lawsuit alleges that NDE has egregiously failed to ensure that CCSD complies with these federal laws protecting the rights of the more than 40,000 children with disabilities in the district. The Plaintiffs seek injunctive relief including the appointment of a federal monitor to restructure CCSD’s educational system and requiring NDE to provide support and oversight to ensure that the school district meets the needs of disabled students as required by the IDEA, the ADA, and Section 504.

Lori C. Rogich, Jeffrey I. Wasserman, Greg Little, Hillary D. Freeman, Catherine Merino Reisman and Judith A. Gran are the attorneys for Plaintiffs. 

(Salem, Ore.) – Pursuant to an interim settlement agreement in a class action lawsuit between advocates for children with disabilities and the Oregon Department of Education (ODE), the jointly-agreed upon neutral expert has submitted his report describing the use of shortened school days and recommended actions for ODE to take to ensure that all children receive an appropriate education in full days of school.

We were represented by Brown, Goldstein, & Levy, a law firm in Baltimore with a history of protecting the rights of people with disabilities. We joined the case to support the multiple students who had been harmed by seclusion and restraint in FCPS schools, including students of color. This settlement protects their rights. The settlement also protects the rights of all students in Fairfax County.  

Importantly, the settlement includes an agreement to stop using seclusion rooms in nearly all of FCPS public schools by January 1, 2022, and in ALL public schools by Fall 2022 (next school year). FCPS will stop using restraints, except in emergency situations where safety is at risk (this doesn’t include damage to property); will not allow restraint or seclusion to be written into an IEP - and will provide in-depth consulting and training to teachers and staff. The agreement also includes oversight and data collection and factors in students who need communication alternatives among other provisions.   

Read the press release. 

COPAA, along with advocate partners and the Oregon Department of Education (ODE) announced an interim settlement agreement in J.N. v. Oregon Department of Education, a class action lawsuit filed in January 2019. This week, all parties stated, “together, [we] share a commitment to ensuring that public school children in Oregon receive a free appropriate public education in the least restrictive environment (LRE).”

The agreement requires the parties to select an expert to examine the use of shortened school days for students with disabilities across the state. The expert will issue a report that describes the use of shortened school days and recommend additional actions, if any, that ODE should take to ensure that all children receive an appropriate education in full days of school. Once completed, the report will be submitted to both sides and will be available to the public. Following that, the parties will discuss a comprehensive settlement in light of the expert’s findings and recommendations.

The lawsuit was filed by COPAA, the National Center for Youth Law (NCYL), Disability Rights Oregon (DRO), the Bazelon Center for Mental Health Law and pro bono attorneys.

The settlement agreement establishes general prohibitions against discrimination, as well as specific remedies to prevent schools from depriving students an education based on the student’s disability.  The relief was provided under the ADA and the settlement agreement specifically says that no findings were made under IDEA or Section 504.  Specifically, informal removals were banned, and a tracking system of behavioral incidents mandated.  VCS has to appoint a Behavioral Supports Consultant who will work with the schools to revise policies and procedures.  The agreement requires that police in school be trained and that police comply with a student’s Individualized Education Program (IEP), Behavior Intervention Plan and 504 plan.

Title I of the Elementary and Secondary Education Act and Section 18005(a) the CARES Act require school districts to spend some of the federal funds they receive on equitable services for private school students.  The question at issue in the case is how the amount that must be spent should be calculated.  COPAA argues that summary judgment is warranted because, contrary to the IFR, the clear and unambiguous language of Section 18005(a) of the CARES Act requires school districts to fund equitable services only based on the number of students from low-income families enrolled in private schools. It is COPAA’s position that the IFR contradicts the CARES Act and imposes unlawful restrictions and conditions on CARES Act funding to K–12 public schools that Congress did not authorize Secretary DeVos to prescribe.

COPAA acknowledges that private schools may also be struggling, and that many students with disabilities attend private schools, some at public expense and some at parent expense.  COPAA’s motion for summary judgment notes that Congress made billions of dollars in federal funds available for private schools in other provisions of the CARES Act.  And nothing in this lawsuit draws into question the continuing obligation of school districts to pay tuition for students with disabilities placed in private schools by the school district, or to reimburse parents when a parental placement is found to be appropriate because of the school district’s failure to provide a student FAPE. 

Read the Motion for Summary Judgment.

Read the lawsuit.

The ruling spells out the State's duty to "monitor, investigate, and enforce" a federal law that protects the education rights of children with disabilities

Portland, Oregon-On Tuesday, a federal judge denied a motion by the State of Oregon to dismiss a federal lawsuit brought on behalf of children with disabilities throughout the state who have not been allowed to attend a full day of school because of behavior. The named plaintiffs in the lawsuit are four children who represent a class of similarly affected students and the Council of Parent Attorneys and Advocates (COPAA).

"We are heartened that the court's ruling will bring us a step closer toward achieving a measure of equality for those Oregon students with disabilities  who are consistently denied the opportunity to attend a full day of school. Every child deserves the chance to learn and reach their full potential. Being needlessly separated from other students and excluded from school while their classmates are learning sends an unmistakable message to children that they do not belong. This is no small thing in the life of a child. With the right supports for teachers and students, virtually all children can learn in school alongside their classmates . Students whose disabilities impact their behaviors are no exception.-Ensuring that students with disabilities are included in school will give them the foundation that they need to  thrive in their  classrooms  and communities  for years  to come. The judge's decision means that these students-and the hundreds more that they represent-will have their day in court. We're confident that we'll prove that the State must do more to assure that all children with disabilities are provided access to the same education that is provided to their peers. "

###

The National Center for Youth Law is a non-profit law firm that helps marginalized children achieve their potential by transforming the public agencies that serve them. www.yout hlaw.org.

The Council of Parent Attorneys and Advocates (COPAA) is an independent, national nonprofit organization of parents, attorneys, advocates, and related professionals. COPAA's national network of 2600+ members work to protect the legal and civil rights of students with disabilities and their families. COPAA members are at work wherever the voices of families and students need to be heard. COPAA supports them with resources, training, and information to assist in obtaining the equal opportunity for education those children deserve and are entitled to under federal law. www.copaa.org

Disability Rights Oregon upholds the civil rights of people with disabilities to live, work, and engage in the community. The nonprofit works to transform systems, policies, and practices to give more people the opportunity to reach their full potential. For more than 40 years, the organization has served as Oregon's Protection & Advocacy system. www.droregon.org

The Bazelon Center for Mental Health Law is a national advocacy organization representing people with mental disabilities. It promotes laws and policies that enable people with psychiatric, intellectual, or developmental disabilities to exercise their life choices and receive the supports they need to participate fully in their communities. www.bazelon.org

I

If not stopped, the Rule will impose new requirements and restrictions on how local school districts can distribute the emergency funds that Congress provided to support public schools during the pandemic, even though those conditions appear nowhere in the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Under Secretary DeVos’s Rule, up to $1.5 billion could be diverted away from public school students. This unlawful rule will have devastating effects on the ability of public schools to safely and effectively educate their students during the pandemic—particularly students of color, low-income students, and students with disabilities, all of whom are also disproportionately impacted by COVID-19. 

“It is reprehensible that this administration is pressuring schools to open quickly while simultaneously taking away the very resources that would allow them to do so safely and effectively,” said Selene Almazan, legal director for COPAA. “As America’s schools, communities and families are in the midst of an economic and health crisis, now is not the time to deprive millions of public school children the education services they need -- including students with disabilities, a population that Congress specifically intended the CARES Act funds to benefit.”

Public schools have incurred huge costs in responding to the COVID-19 pandemic, including spending on distance learning technology, the cost of making meals available to low-income students and finding innovative solutions to providing services to students with disabilities. At the same time, state governments have less tax revenue with which to fund public schools. States have already modified their public education budgets based on the CARES Act or signaled they would rely on the CARES Act funds to fill budgetary gaps created by the pandemic. If the Rule goes into effect, it will leave holes in state and local budgets just as the next school year begins.

Secretary DeVos’s Rule, however, would shift money from public school students to private school students. But Congress made provisions for private schools in other portions of the CARES Act. For example, private schools that operate as nonprofit organizations or small businesses with 500 or fewer employees — but virtually no public schools — are eligible to participate in the Paycheck Protection Program (“PPP”). Billions of dollars in federal CARES Act money has already been paid as forgivable loans to private primary and secondary schools.

“DeVos’s Rule essentially turns Robin Hood on its head, stealing from the poor to give to the rich,” said Seth Galanter, senior director at the National Center for Youth Law. “In light of the current congressional impasse and mounting costs, public schools can’t afford to have a single dollar diverted, much less $1.5 billion dollars.”

Under the favored formula in DeVos’s Rule, in combination with the federal PPP funds, private school students will end up supported by CARES Act funds totaling between $4.3 billion and $8.1 billion, despite the fact that they comprise no more than 10% of the K-12 students in the United States. Meanwhile, under the same formula, the 90% of the K-12 students in the United States who attend public school will end up with CARES Act funds totaling, at most, $14.4 billion. There is no reason to believe that Congress intended such a substantial disparity in support for public school students.

COPAA is seeking to have DeVos’s Rule set aside under the federal Administrative Procedure Act because it is contrary to Congress’s intent. 

###

The Council of Parents Attorneys and Advocates (COPAA) is an independent, national nonprofit organization of parents, attorneys, advocates, and related professionals. COPAA’s national network of 2100+ members works to protect the legal and civil rights of students with disabilities and their families.  Our members are at work wherever the voices of families and students need to be heard and COPAA supports them with resources, training, and information to assist in obtaining the equal opportunity for education those children deserve and are entitled to under federal law.www.copaa.org

The National Center for Youth Law is a non-profit law firm that helps marginalized children achieve their potential by transforming the public agencies that serve them. For more information, please visitwww.youthlaw.org.

Read the SCOTUS decision.

Read COPAA’s statement.

The suit was filed on behalf of plaintiffs Council of Parent Attorneys and Advocates, Know Your IX,  Girls for Gender Equity, and Stop Sexual Assault in Schools - all organizations dedicated to helping students who experience sexual harassment and assault continue their education.

The plaintiffs are challenging provisions in the DeVos Title IX regulations that:

• Redefine sexual harassment to exclude conduct that until now was included in the department’s definition and that would be recognized as harassment if based on race, national origin, or disability;
• Direct schools to ignore many Title IX reports of sexual harassment and assault that occur off campus or during study abroad, including in student’s homes;
• Require college and university students to report sexual harassment or assault to the “right” official or their complaints do not have to be even investigated; and
• Allow — and, in some cases, require — schools to use a higher standard of proof for reports of sexual harassment and assault than is required for other harassment proceedings.

The U.S. Department of Education released the final rule on May 6, 2020.

Read the full ACLU press release.