America First Legal Sues Biden’s Department of Education for Illegally Concealing Documents Related to Parental Rights and Race-Based Admissions in Higher Education

WASHINGTON, D.C. – Today, America First Legal (AFL) filed a lawsuit against the Department of Education (DOE) to enforce three separate Freedom of Information Act (FOIA) requests that the DOE has unlawfully withheld from AFL.

In February of 2023, AFL sent a FOIA to DOE for records and communications concerning a Notice of Proposed Rulemaking on the Protection of Pupil Rights Amendment (PPRA), a law that provides parents with the right to opt their children out of experimental programs as well as the right to inspect educational materials used in their child’s education. A new DOE rule under the Biden Administration could drastically curtail parental rights, and it is crucial for parents across America to know exactly what this administration is doing to deter their constitutional rights. DOE has failed to provide the requested information.

In July of 2023, AFL sent a FOIA to DOE for records and communications related to the Biden Administration’s new “Book Czar,” who is tasked with helping local school districts restrict the rights of parents who are fighting to keep government-sponsored “transgender” books out of K-12 libraries and classroom book collections. Again, DOE has failed to provide the requested information.

In August of 2023, AFL sent a FOIA to DOE seeking documents and communications related to its “National Summit on Equal Opportunity in Higher Education,” a strategy session held by the Biden Administration to find ways to help colleges and universities continue to discriminate in admissions, despite the Supreme Court’s decision in Students for Fair Admission v. Harvard. Once more, DOE has failed to provide the requested information.

These unlawful delays have made it clear that DOE is covering up an impermissible federal DEI takeover of America’s education system. Parents and students need to know just how far the Biden Administration will go to turn our schools and institutions of higher learning into nothing more than an ideological experiment run by the federal government.

Statement from Ian Prior, America First Legal Senior Advisor: 

“The Biden Administration wants to implement DEI into all aspects of American education. Whether it is by forcing radical transgender ideology into the minds of Kindergarteners, sidelining parents from being able to raise their children according to their beliefs or using illegal admissions practices to pick and choose who will have success, this administration is weaponizing government power to destroy the American Dream. Sunlight is the best disinfectant, and America First Legal will continue to provide that light and hold this administration accountable for its actions.“ said Ian Prior.

Read the lawsuit here.

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