The U.S. Department of Justice is investigating the Douglas County School District’s response to discrimination, harassment and bullying against students based on their race, national origin, religion or disability and the district’s use of seclusion and restraint against students with disabilities.
The department’s Civil Rights Division investigates and enforces civil rights laws to protect students in schools.
The scope or specific nature of the current investigation is not clear. One lawsuit filed in 2023 has received a lot of public attention.
The families of four Black and biracial students who attended Douglas County schools filed a federal civil rights lawsuit against the district, alleging district and school administrators failed to take adequate measures to protect students from severe and pervasive racism and bullying. It alleges that the students endured prolonged harassment, including taunts, epithets and slurs based on their race.
"One hopes that these DOJ investigations send a message to Douglas County School District that it needs to take the wellbeing and success of its minority students — whether disabled or students of color — seriously, revise its policies and procedures district wide, and stop treating children as pawns in adult games of politics," said Iris Halpern, the families’ attorney.
District officials said in a statement that any student or parent who has a concern should report it immediately to their school leader or DCSD’s Compliance Office.
"Our focus is on taking care of each and every one of our students in the Douglas County School District," it said. "We take every concern very seriously as we are dedicated to ensuring that all of our students and staff experience a welcoming and caring environment in our schools."
A district monitoring report from 2023 showed significant gaps between how Black and white students felt in school and whether they were bullied. It also showed big gaps in how they were disciplined, with 41 percent of Black students disciplined versus 16 percent of whites during the 2021-2022 school year.
In 2022, the state department of education ordered the district to review restraint and seclusion practices for students as a result of a state complaint. That complaint by Disability Law Colorado alleged that the district subjected a student, and similar students, to repeated incidents of seclusion. It alleged the district implemented a one-size-fits-all system based on a student’s behavior in order to earn time with their peers. Under a state corrective action plan, the district had to develop procedures to comply with state law and provide training to staff.
“Children are hurt both physically and emotionally when they are restrained and secluded at school. It is time to revisit these practices,” said Emily Harvey, the organization's legal director. “We applaud the DOJ for taking our complaint seriously and visiting Colorado to speak directly with impacted families. We hope this investigation will lead to lasting changes in DCSD and throughout the state of Colorado.”
The organization said the investigation underscores the need for systemic reforms to make sure the district is complying with federal and state laws that protect students' rights to a safe and equitable education.
Interviews next week
The department’s civil rights investigations into school districts typically involve interviews with current and former students, employees and parents as well as reviewing documents. It assesses how a district has responded to incidents such as allegations of racial harassment or improper restraining of students and whether it has taken effective action.
Justice department officials say they are available to meet in person in Douglas County next Monday, Tuesday evening and Wednesday or alternatively via phone or Zoom. It asks people to contact the department by email [email protected] or by phone at (888) 394-6317.
“We understand that these are sensitive topics,” a notice reads. “Participation of minors is allowed with a signed parental consent form or the presence of a parent or guardian.”
After an investigation, the department can choose to do nothing, enter into a settlement agreement if violations are found, or it can sue a district.
