Blog

Your Education Road Map

Politics K-12

Politics K-12 kept watch on education policy and politics in the nation’s capital and in the states. This blog is no longer being updated, but you can continue to explore these issues on edweek.org by visiting our related topic pages: Federal, States.

Federal

Is the Justice Dept. Silencing Parents or Stepping Up to Protect Educators?

By Andrew Ujifusa — October 08, 2021 | Updated: October 11, 2021 5 min read
Sen. Josh Hawley, R-Mo., speaks during the Senate Judiciary Committee hearing to examine Texas's abortion law, Wednesday, Sept. 29, 2021 on Capitol Hill in Washington.
  • Save to favorites
  • Print

Updated: This article has been updated to reflect comments from the Kentucky, Louisiana, and Virginia school boards associations.

The Department of Justice’s decision to support school officials alarmed about threats and harassment has touched off a political scrum in Washington and beyond.

Politicians, activists, and other groups are rushing to weigh in on the idea that COVID-19 protocols and critical race theory have created an unsafe environment for educators that merits a forceful federal response.

Groups like the American Federation of Teachers and the NAACP’s Legal Defense and Education Fund have backed the announcement by the Justice Department Tuesday that it planned to create a task force to monitor the issue, and use the FBI to help K-12 leaders and local law enforcement track and respond to threats. But Republican politicians and other organizations say the Biden administration is trying to intimidate or silence those who are exercising their legal right to speak out against mask mandates and other policies in local schools.

“If this isn’t a deliberate attempt to chill parents from showing up at school board meetings, their elected school boards, I don’t know what is,” Sen. Josh Hawley, R-Mo., said in response to the Justice Department’s announcement.

The Justice Department’s Oct. 4 announcement of its plans came just a few days after the National School Boards Association asked President Joe Biden to intervene and protect its members against a rising tide of intimidation, harassment, and worse. Stating that these incidents were not “random acts,” the association said that among other things, authorities should review violence and threats targeting K-12 leaders to see if they could be classified as domestic terrorism or hate crimes under federal law.

Both the school boards group and Attorney General Merrick Garland have stressed that they do not want to stamp out “spirited debate” (as Garland put it in a memo) or attack free speech. And the Justice Department did not say it will investigate or otherwise target opponents of critical race theory or COVID-19 protocols using anti-terrorism or other statutes.

But some aren’t taking that at face value, and are forcefully objecting to the idea that the FBI is now involved, however indirectly, with the issue. It remains to be seen how the Justice Department’s response energizes or otherwise alters activism that K-12 officials are facing.

The state school boards associations for Kentucky, Louisiana, and Virginia have criticized the national group’s request for federal intervention. All three state groups said they were not consulted about the NSBA’s letter to President Joe Biden.

The state association for Virginia said that while there is “no justification” for physical and verbal threats directed at education officials, “We do not seek the involvement of federal law enforcement or other officials in local decisions.”

The Louisiana state association said the NSBA’s request “fails to align with the standards of good governance, and it discourages active participation in the governance process.” The Louisiana group added that it was “evaluating the future” of its affiliation with the national association.

Some Republicans accuse the Justice Department of abandoning parents

Hawley was one of the first prominent figures to push back on the Biden administration. In a Senate hearing, Hawley told Deputy Attorney General Lisa Monaco that the president was “weaponizing the federal bureaucracy” and compared the situation to the “Red Scare” under Sen. Joseph McCarthy.

“Is parents, waiting sometimes for hours, to speak at a local school board meetings to express concerns about critical race theory or the masking of their students ... is that itself harassment and intimidation?” Hawley asked, noting that Garland did not define harassment and intimidation.

Monaco disputed Hawley’s argument. “When and if any situation turns to violence, that is the appropriate role for law enforcement to address it,” she told him.

The exact number of recent violent incidents or threats targeting school staff and administrators is unclear. It is also unclear whether the preponderance of those activities involve opposition specifically to schools’ COVID-19 rules, or critical race theory, or a combination of the two.

Sen. Rand Paul, R-Ky., pointed to a video of a mother protesting critical race theory and asked Garland on social media why she should be labeled a “domestic terrorist,” a term the attorney general did not use in its Oct. 4 announcement when describing the incidents. (With Senate education committee ranking member Sen. Richard Burr, R-N.C., set to retire after his term expires at the end of this Congress, Paul could become the panel’s chairman if the GOP takes control of the Senate.)

Sen. Ted Cruz, R-Texas, also weighed in on Fox News to condemn “authoritarian” Democrats for the move. Cruz linked the Justice Department’s response to Virginia gubernatorial candidate Terry McAuliffe’s recent comments that he doesn’t think “parents should be telling schools what they should teach,” a remark that has caused a stir in that campaign.

Meanwhile, on Thursday, all 23 Republicans on the House education committee wrote to Garland and U.S. Secretary of Education Miguel Cardona that both were guilty of “disrespecting and abandoning parents.”

“Parents should not harass or threaten violence to school officials, nor should parents be intimidated, threatened, or coerced from speaking out about concerns in their schools,” the GOP lawmakers wrote. They also said the administration should brief the committee “prior to any action.”

Some education leaders and groups have moved quickly to defend the response by the Justice Department.

American Federation of Teachers President Randi Weingarten said that the violence directed at school board members is “unacceptable” and praised the Justice Department for “stepping up.” National Education Association President Becky Pringle shared a similar sentiment.

One group made a pointed historical comparison. Parents protesting mask mandates and how teachers discuss racism “have more in common with the threatening violent mobs who blocked entrances, menaced children, and assaulted reporters outside schools where Black children were attempting to exercise their right to attend integrated schools in the years after Brown v. Board of Education” than with parents exercising legitimate First Amendment rights, the NAACP Legal Defense and Educational Fund said in a statement.

The issue is resonating outside of Washington as well.

Florida “will not allow federal agents to squelch dissent” among parents, said Gov. Ron DeSantis, a Republican who is a possible GOP presidential nominee in 2024 and has fought the Biden administration over local school mask mandates. Ohio U.S. Senate hopeful J.D. Vance, a Republican, called on Garland to resign.

Moms for Liberty in Williamson County, Tenn., a group that has opposed a local mask mandate and the way schools have approached the subject of race, mocked the idea that they were extremists in the eyes of the Justice Department. And Christopher Rufo, a Manhattan Institute senior fellow and a prominent opponent of critical race theory, said the Biden administration was targeting parents “without providing a shred of evidence.”

A version of this news article first appeared in the Politics K-12 blog.
A version of this article appeared in the October 20, 2021 edition of Education Week as Silencing Parents Or Protecting Educators?

Events

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Special Ed. and Civil Rights: What We Know About the Ed. Dept.'s Latest Moves
Special education is moving to HHS, and civil rights enforcement is moving to DOJ.
6 min read
Letters on the Department of Education building are missing after removal of America 250 banners, which included those of Booker T. Washington, Catharine Beecher and Charlie Kirk, March 18, 2026, in Washington.
Letters on the U.S. Department of Education building are missing in this March 18, 2026, photo in Washington. The agency last week announced it's transferring day-to-day management of special education and civil rights enforcement to different Cabinet agencies, the latest push by the Trump administration to dismantle the Education Department.
Allison Robbert/AP Photo
Federal Trump's Justice Dept. Investigates Dozens of Districts Over LGBTQ+ Curricula
The investigations target how schools discuss sexuality and gender identity and whether parents can opt their children out of lessons.
8 min read
The U.S. Department of Justice is investigating how 43 school districts in three states teach about sexuality and gender identity and whether they give parents the opportunity to opt their children out of lessons that conflict with their religious beliefs on June 16, 2026.PICTURED, Protesters gather outside the Glendale Unified School District headquarters in Glendale, California, on June 20, 2023. Over 300 people gathered outside the Glendale Unified School District headquarters, as protests continued over the issue of teaching children about same-sex parents and queer issues.
Protesters gather outside the Glendale school district in Glendale, California, on June 20, 2023 over the issue of teaching children about same-sex parents and queer issues. The U.S. Department of Justice is now investigating three other school districts over LGBTQ+ themes in sex ed. and beyond. (The Glendale district is not one of them.)
DAVID SWANSON / AFP via Getty Images
Federal Education Department Moves Special Ed. and Civil Rights to Other Agencies
Special education programs help schools serve more than seven million K-12 students with disabilities nationwide.
9 min read
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026.
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026. The U.S. Department of Education is moving its office for civil rights to the Justice Department as part of a fresh wave of outsourcing.
Bill Clark/CQ Roll Call via AP
Federal Trump's Ed. Dept. Backs Away From Addressing Civil Rights for Black Students
Civil rights attorneys describe the administration’s actions as an inversion of legal history.
6 min read
Thomas Chalmers Public School sign is seen outside of school in Chicago, Wednesday, July 13, 2022. America's big cities are seeing their schools shrink, with more and more of their schools serving small numbers of students. Those small schools are expensive to run and often still can't offer everything students need (now more than ever), like nurses and music programs. Chicago and New York City are among the places that have spent COVID relief money to keep schools open, prioritizing stability for students and families. But that has come with tradeoffs. And as federal funds dry up and enrollment falls, it may not be enough to prevent districts from closing schools.
Children are seen outside the Thomas Chalmers Public School in Chicago on July 13, 2022. Under the Trump administration, efforts to address deep-rooted inequities for students of color are being cast as discriminatory against white students. The administration withheld more than $20 million from Chicago schools when the district refused to end its Black Student Success Program.
Nam Y. Huh/AP