In the Midst of Cuts, Parents Struggle for Disability Rights in Schools
In a quiet home in northern Indiana, Amy Cupp embraces her daughter, G, as they grapple with ongoing challenges at school. G, a 12-year-old with multiple disabilities, finds herself at the center of a federal complaint filed by her mother, who argues that recent cuts to the U.S. Education Department have halted progress on their case.
G enjoys many aspects of school, like gym class and crafting with her teacher. However, she recoils at the thought of the “blue room,” a padded room where she is sometimes secluded by school staff. “It feels like close spaces, and it’s like — it’s, like, scary in there,” she expresses.
Amy Cupp meticulously documents each instance G is secluded, based on school reports and emails. In a lawsuit she joined, Cupp claims that G has been secluded over a dozen times this school year. “As soon as they go to lock the doors, she freaks out,” Cupp says, describing the experience as “beyond sickening.”
Federal Complaint and Department Cuts
After attempts to change the school’s approach to G’s behavior, Cupp filed a complaint with the U.S. Education Department’s Office for Civil Rights (OCR). However, the office lost more than 40% of its staff due to a massive downsizing initiated by the Trump administration. This has resulted in a backlog of complaints, leaving Cupp and others in a frustrating limbo.
In response to the layoffs, Cupp has joined a lawsuit to compel the federal government to act on these stalled complaints. The lawsuit asserts that the cuts have severely compromised the OCR’s mandate to enforce civil rights laws in schools.
Impact on Children with Disabilities
The OCR traditionally handles a wide array of discrimination complaints, with a significant focus on disability rights. Rachel Perera of the Brookings Institution highlights the negative impact of a non-functioning OCR on the disability rights community. “Children get one shot in education, right? You don’t get to do fourth grade over,” she points out, emphasizing the urgency of timely interventions.
Despite these challenges, the U.S. Education Department maintains that the OCR is committed to processing disability discrimination complaints. They cite a recent investigation into D.C. Public Schools as evidence of ongoing efforts.
Debate Over Handling of Civil Rights Complaints
Some argue the Education Department might not be the best fit for handling civil rights complaints. Jonathan Butcher from the Heritage Foundation suggests the U.S. Justice Department could be more effective. “We should be interested in making sure this is done effectively,” Butcher states.
The Trump administration has yet to shift civil rights investigations to the Justice Department, though it has implemented other education policy changes in alignment with Project 2025.
The Path Forward for Families
For Cupp, the OCR complaint was a last resort after exhausting other avenues. The Indiana Department of Child Services previously investigated potential abuse at G’s school, noting some bruising under her arm that “is believed” to have been caused by restraint. As Cupp waits for federal intervention, she has reduced G’s school attendance to minimize instances of seclusion and restraint.
Restraint and seclusion are widespread yet controversial practices in schools. Federal data shows over 100,000 students were subjected to these measures in the 2017-2018 school year, with most being students with disabilities. Past federal guidance has urged schools to limit such practices to situations involving imminent danger.
“I felt lost,” Cupp confides, reflecting on her struggle to find recourse. Despite the challenges, she remains hopeful for a resolution that prioritizes her daughter’s educational needs.
Reporting contributed by Lee V. Gaines
Edited by Nicole Cohen
Visual design and development by Mhari Shaw
This article was originally written by www.npr.org
