The U.S. Department of Education is facing legal scrutiny over allegations it has deliberately obscured its enforcement of civil rights protections for students. ProPublica filed a lawsuit in federal court in Recent York on Wednesday, accusing the department of failing to comply with Freedom of Information Act (FOIA) requests seeking transparency into its civil rights investigations and related communications. The legal action highlights growing concerns about a perceived rollback of civil rights enforcement within the department, particularly under the leadership of Education Secretary Linda McMahon.
At the heart of the dispute are four FOIA requests submitted by ProPublica last year. These requests sought records pertaining to opened and closed civil rights investigations, notices issued to institutions under investigation, and instances where previous findings of discrimination had been reversed under the Trump administration. A fourth request focused on communications between top Education Department officials and conservative groups that have been critical of public schools, some of which have actively called for investigations into specific school districts. The department has, to date, not provided any of the requested documents, beyond acknowledging receipt of the requests.
A History of Transparency Undermined
For decades, the Education Department’s Office for Civil Rights (OCR) has served as a crucial federal body investigating allegations of discrimination in schools based on disability, race, and gender. Historically, the OCR maintained a publicly accessible list of open investigations and published findings from completed inquiries, fostering a degree of accountability and public trust. However, the lawsuit alleges that under Secretary McMahon, appointed by President Donald Trump, the OCR has undergone significant changes, leading to a marked decrease in transparency. The agency’s workforce has been reduced, and its operations have turn into increasingly opaque, raising questions about its commitment to upholding civil rights.
According to the lawsuit, the OCR’s staffing levels have declined significantly. Employee counts at the OCR fell from 568 in 2024 to 403 as of December 2025. Seven of the twelve regional OCR offices responsible for handling discrimination complaints across the country have been closed under McMahon’s tenure. This reduction in resources and regional presence has coincided with a substantial increase in the number of open investigations, creating a significant backlog and raising concerns about the agency’s ability to effectively address complaints.
Shifting Priorities and a Growing Backlog
The lawsuit contends that the focus of the OCR under the Trump administration has shifted away from addressing systemic discrimination and towards investigations aligned with specific political priorities. These include inquiries related to curbing antisemitism, regulating the participation of transgender athletes in women’s sports, and addressing alleged discrimination against white students. ProPublica’s reporting indicates that complaints concerning transgender students’ participation in sports and access to facilities have been prioritized, even as cases involving racial harassment of Black students have reportedly been overlooked. ProPublica previously reported on instances where racial harassment complaints were seemingly ignored.
The growing backlog of cases is a central concern. When President Joe Biden took office, approximately 12,000 investigations were open. By December 2025, that number had nearly doubled to almost 24,000. Internal accounts from OCR workers, as reported by ProPublica, suggest that many new and existing complaints are being dismissed without thorough investigation, leading to accusations that the office has become a “dismissal factory.” This trend raises serious questions about the department’s commitment to protecting the civil rights of students.
The FOIA Battle and the Pursuit of Transparency
Alexandra Perloff-Giles, an attorney with Davis Wright Tremaine representing ProPublica, emphasized the importance of transparency in government. “Actions by the Department of Education have real consequences for millions of students and families,” she stated. “The public deserves to understand how executive authority is being exercised so that it can hold government accountable. Congress enacted FOIA to offer the public that necessary transparency, and we’re asking the court to enforce it.”
The lawsuit specifically points to the department’s failure to disclose information regarding the termination of older resolution agreements reached in previous discrimination cases. While some documents detailing case resolutions are now being published online, the lawsuit alleges that terminations of these agreements have not been publicly disclosed, further contributing to the lack of transparency. The suit argues that the public has a substantial and ongoing interest in this information, given that approximately 49.6 million students are enrolled in U.S. Schools, and changes to the Education Department’s policies directly impact millions of families.
Broader Implications and Ongoing Legal Efforts
This lawsuit is not ProPublica’s first attempt to compel transparency from federal agencies. The organization has filed several other lawsuits in the past year seeking to force the release of public records from various government entities, including a case filed in May against the State Department. ProPublica has also joined forces with other media organizations in legal actions aimed at increasing government accountability.
The Department of Education has not yet responded to the complaint in court, and spokespeople did not respond to requests for comment regarding the lawsuit. The outcome of this legal challenge could have significant implications for the future of civil rights enforcement in education. A ruling in favor of ProPublica could compel the department to release the requested records, shedding light on its internal operations and decision-making processes. Conversely, a ruling against ProPublica could further entrench the department’s current stance on transparency, potentially hindering public oversight of its civil rights enforcement efforts.
The Civil Rights Act of 1964, a landmark piece of legislation, prohibits discrimination based on race, color, religion, sex, or national origin. The OCR was established to enforce this act and ensure equal access to education for all students. The current lawsuit raises concerns that the department is failing to live up to its legal obligations and is undermining the principles of equity and inclusion in the nation’s schools.
As the legal proceedings unfold, stakeholders will be closely watching for any developments that could signal a shift in the department’s approach to civil rights enforcement. The case underscores the critical importance of transparency and accountability in ensuring that all students have the opportunity to learn and thrive in a safe and inclusive environment. The next step in the legal process will be the Department of Education’s response to the complaint, which is expected in the coming weeks.
We encourage readers to share their thoughts and experiences regarding civil rights complaints and the Office for Civil Rights in the comments below. Your insights are valuable as we continue to follow this important story.
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