A Gutted Education Department’s New Agenda: Roll Back Civil Rights Cases, Target Transgender Students

by Jennifer Smith Richards and Jodi S. Cohen for ProPublica

In California, the federal government was deep into an investigation of alleged racial discrimination at a school district where, a parent said, students called a Black peer racial slurs and played whipping sounds from their cellphones during a lesson about slavery. Then the U.S. Department of Education in March suddenly closed the California regional outpost of its Office for Civil Rights and fired all its employees there. That investigation and others went silent.

In South Dakota, the OCR abruptly terminated its work with a school district that had agreed to take steps to end discrimination against its Native American students. The same office that helped craft the agreement to treat indigenous students equally made a stunning about-face and decided in March that helping Native American students would discriminate against white students.

During its first 100 days, as the Trump administration has dismantled the Education Department, one of its biggest targets has been the civil rights arm. Now, Education Secretary Linda McMahon is “reorienting” what’s left of it.

Part of that shift has been ordering investigations related to the administration’s priorities, such as ending the participation of transgender girls and women in girls’ and women’s sports. After hearing that a transgender woman from Wagner College in New York competed in a women’s fencing tournament at the University of Maryland last month, the head of the OCR launched a special investigation into both schools and threatened their access to federal funding.

Through internal memos and case data, interviews with more than a dozen current agency attorneys, and public records requests to school districts and other targets of investigations across the country, ProPublica has documented how the Trump administration has radically reshaped the OCR.

Only 57 investigations that found a civil rights violation and led to change at a school or college were completed in March, ProPublica has learned. Only 51 were resolved by finding violations in April. The Biden administration completed as many as 200 investigations a month.

Leadership under President Donald Trump also has made it easier for the OCR to drop discrimination complaints quickly. In March, 91% of cases closed by the office were dismissed without an investigation, and 89% were dismissed outright in April, according to internal case data obtained by ProPublica. Typically, 70% of cases are dismissed because they don’t meet criteria to warrant an investigation.

With more than half of the Education Department’s civil rights offices closed and the division reduced to a fraction of its former staff, families’ pleas for updates and action have gone unheard. One OCR attorney, who asked not to be named for fear of retaliation, told ProPublica that their caseload went from 60 to 380 as they absorbed cases previously handled by employees who worked in offices that had been closed. Some remaining employees have not been able to access documents, voicemail and email of fired employees.

As with civil rights divisions in other federal agencies that the Trump administration has fundamentally altered, the OCR has worked for decades to uphold constitutional rights against discrimination based on disability, race and gender.

“OCR is the most useless it’s ever been, and it’s the most dangerous it’s ever been. And by useless, I mean unavailable. Unable to do the work,” said Michael Pillera, who until recently was an OCR attorney in Washington, D.C. He is now with the Lawyers’ Committee for Civil Rights Under Law.

Investigating cases that allege racism, discrimination based on sexual orientation or mistreatment of students with disabilities now requires permission from Trump appointees, according to a memo from OCR leadership. As a result, thousands of discrimination investigations are idled, even ones that were nearing a resolution when Trump took office again.

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