The Trump administration’s Department of Education, under Secretary Betsy DeVos, significantly weakened federal oversight on civil rights in schools. Key protections for students of color, LGBTQ+ youth, and undocumented children were rolled back or under-enforced. The dismantling of guidance on discriminatory discipline, sexual assault response, and transgender student protections created an environment where vulnerable students faced rising inequality with fewer avenues for recourse.
In New York State—home to one of the most diverse student populations in the nation—these federal rollbacks disproportionately affected low-income, immigrant, and minority students. Many students were subjected to excessive discipline, denied special education services, or exposed to harassment without adequate school response. While NYS laws and policies are more progressive than federal baselines, implementation remains uneven.
Attorneys in NYS play a critical role in enforcing educational equity. This article outlines the key legal strategies lawyers can use to protect student rights and ensure that all children have access to safe, inclusive, and supportive schools.
- Challenging Discriminatory Discipline
Trump-era rescissions of Obama guidance on school discipline allowed districts to resume practices that disproportionately target Black and Latino students. In NYS, students of color remain far more likely to be suspended or expelled for subjective offenses.
Attorney Strategies:
- Challenge suspensions through superintendent’s hearings under NYS Education Law § 3214, demanding due process and pushing back on vague or biased justifications.
- Demand data transparency to reveal patterns of racial disparity in disciplinary actions.
- File Title VI complaints with the U.S. Department of Education’s Office for Civil Rights (OCR) or state Human Rights Division for racially discriminatory policies.
- Advocate for restorative justice alternatives, citing successful district implementations and the disproportionate impact of exclusionary discipline.
- Advocating for LGBTQ+ Student Rights
Under Trump, protections for transgender students were rescinded, and OCR narrowed its scope for investigating anti-LGBTQ+ discrimination. As a result, many LGBTQ+ students faced harassment, deadnaming, and denial of access to facilities aligned with their gender identity.
Attorney Strategies:
- Invoke the Dignity for All Students Act (DASA), New York’s comprehensive anti-bullying and anti-discrimination law, which covers gender identity and sexual orientation.
- File complaints with the NYS Education Department (NYSED) when districts fail to respond to harassment or enforce safe bathroom and locker room access.
- Use Title IX post-Bostock v. Clayton County, where courts increasingly interpret the law to protect LGBTQ+ students from sex-based discrimination.
- Pursue civil actions for emotional distress and equal protection violations, especially in repeated or institutional neglect cases.
- Securing Special Education and Disability Services
Trump’s administration reduced federal scrutiny of IDEA (Individuals with Disabilities Education Act) enforcement, allowing districts to delay or deny services. Students with disabilities—especially from non-white backgrounds—often went under-identified or underserved.
Attorney Strategies:
- Demand timely evaluations and IEP meetings under IDEA and NY regulations (8 NYCRR § 200), particularly after behavioral incidents that may stem from undiagnosed disabilities.
- Challenge placement decisions that segregate students unnecessarily or lack appropriate supports.
- File impartial hearings and appeals when parents disagree with district decisions on services or placement.
- Advocate for culturally competent assessments, noting how bias can distort diagnoses or delay service.
- Protecting the Rights of Undocumented and Immigrant Students
Despite Plyler v. Doe guaranteeing K-12 education for all children regardless of immigration status, some schools under Trump’s policies created hostile or exclusionary environments for undocumented students.
Attorney Strategies:
- Challenge enrollment barriers, such as demands for Social Security numbers or proof of legal status.
- Educate families on FERPA, which protects student records from being disclosed to immigration authorities without consent.
- Ensure access to ESL and bilingual services, as required under federal and state mandates.
- Advocate for trauma-informed approaches to support students affected by deportation or family separation.
- Addressing Harassment and Bullying in Schools
The rollback of civil rights enforcement under Trump weakened accountability for school districts in cases of race, gender, and disability-based bullying. Many schools failed to act, leaving students to suffer in silence.
Attorney Strategies:
- File DASA complaints and demand thorough investigations, as schools are required to address and prevent harassment.
- Pursue 504 plans for students suffering emotional or psychological harm from bullying, ensuring support services and accommodations.
- Use civil litigation tools when schools demonstrate deliberate indifference to harassment, particularly in long-standing or egregious cases.
- Collaborate with advocacy groups to raise awareness and push for school-wide culture change and training.
- Ensuring Access to Equal Educational Opportunities
Underfunded schools in communities of color often provide inferior facilities, resources, and instruction. While federal oversight declined under Trump, NYS has constitutional obligations to provide a “sound basic education.”
Attorney Strategies:
- Invoke the Campaign for Fiscal Equity (CFE) precedent, demanding equitable state funding to underserved districts.
- File Article 78 proceedings to compel districts or state agencies to take action on education inadequacies.
- Use Freedom of Information Law (FOIL) requests to uncover funding disparities, broken facilities, or staffing imbalances.
- Coordinate class actions where patterns of educational neglect or discrimination are evident.
- Representing Students Facing School Pushout and Criminalization
Exclusionary discipline, police presence, and zero-tolerance policies create a school-to-prison pipeline that especially harms Black, Latino, and disabled students. Trump’s DOJ explicitly encouraged school-police collaboration.
Attorney Strategies:
- Challenge school-police referrals, especially for non-criminal conduct, under equal protection and due process grounds.
- Advocate for the removal or reform of School Resource Officers (SROs) and the implementation of supportive alternatives.
- Push for expungement of school-based disciplinary records that hinder college admissions or job prospects.
- Build coalitions with civil rights groups to document and challenge systemic school criminalization.
- Enforcing Language Access and Parental Involvement Rights
Families with limited English proficiency (LEP) often face exclusion from their child’s education due to lack of translation services, violating federal and state requirements.
Attorney Strategies:
- File complaints under Title VI of the Civil Rights Act, which mandates language access in federally funded schools.
- Demand translated documents and interpreters at IEP meetings, disciplinary hearings, and parent-teacher conferences.
- Assist LEP families in understanding rights, especially for special education, ESL programs, and enrollment processes.
- Challenge systemic denial of language access through OCR or litigation.
- Supporting College Access and Equity
Trump policies like rescinding DACA threatened higher education access for undocumented youth. In NYS, opportunities exist—but legal guidance remains essential.
Attorney Strategies:
- Assist with DACA renewals and college admissions, particularly for undocumented students navigating FAFSA alternatives.
- Help clients understand TAP eligibility and in-state tuition under NY’s DREAM Act.
- Advocate against discriminatory admissions or disciplinary policies in colleges receiving public funds.
- Challenge bias incidents and lack of accommodations at public universities under Title IX and ADA.
- Legislative and Policy Advocacy for Systemic Change
Beyond individual representation, attorneys must support systemic reform to rebuild protections weakened under Trump.
Attorney Strategies:
- Testify on education equity bills, including reforms to school discipline and funding formulas.
- Support litigation aimed at restoring federal oversight, such as challenges to Title IX or civil rights enforcement rollbacks.
- Join legal coalitions pushing for LGBTQ+ rights, school funding equity, and special education improvements.
- Publish know-your-rights resources for families, especially in immigrant and low-income communities.
Conclusion
The Trump administration’s withdrawal from educational civil rights enforcement left vulnerable students to fend for themselves in increasingly hostile environments. In New York, attorneys have a unique opportunity—and responsibility—to step in where federal protections failed.
By using the full range of state and federal legal tools, from due process hearings to civil rights litigation, attorneys can uphold the promise of equitable education for every child. In doing so, they not only protect students—they help shape a more just and inclusive school system for generations to come.
