On Thursday, the U.S. Department of Education informed its employees that it would resume processing investigations into discrimination complaints at educational institutions across the nation, although this decision was limited to disability-related investigations. This move implies that a significant number of pending complaints related to race and gender discrimination, primarily submitted by students and their families, will remain unresolved. These include cases alleging discriminatory discipline practices or race-based harassment.
Craig Trainor, acting director of the department’s Office for Civil Rights (OCR), stated in an internal memo that the office would immediately resume processing complaints solely concerning disability-based discrimination. This memo, which ProPublica obtained, was directed to the enforcement personnel within the office, comprising mainly attorneys. The Department of Education did not provide an immediate response to requests for comments.
Recently, ProPublica disclosed that the Department of Education had paused ongoing civil rights investigations, a rare decision typically not observed even during presidential transitions. Department staff noted they were instructed not to engage with parties involved in cases initiated under previous administrations, describing this directive as a “gag order” that effectively silenced them.
Under President Donald Trump, the department has initiated only a few new investigations, predominantly aligned with his administration’s priorities. These inquiries have focused on issues such as gender-neutral bathrooms and the participation of transgender athletes in women’s sports. Investigations have also been launched into allegations of discrimination against white students or anti-Semitism.
As of last week, the OCR had initiated approximately 20 new investigations, which is notably low compared to previous years, where more than 250 cases were opened within a similar time frame. The OCR has been dealing with a backlog for years, with about 12,000 pending investigations when Trump assumed office, some unresolved for over a decade, causing delays in delivering relief to affected students.
ProPublica’s analysis of department data revealed that around 50% of the pending investigations pertain to students with disabilities who believe they have been discriminated against or unfairly denied support at their schools. There are about 3,200 active complaints of racial discrimination involving unfair discipline and harassment, alongside roughly 1,000 complaints relating to sexual harassment or violence. The remaining cases cover various other claims of discrimination.
Disregarding disability rights is considered “politically unpopular,” according to Harold Jordan from the American Civil Liberties Union, who focuses on educational equity issues. Jordan suggested that ignoring such claims might lead to negative public perception.
Cases traditionally investigated by the OCR often involve discrimination against students of color, which contrasts with President Trump’s focus on addressing biases against white students. Jordan indicated that the OCR might address racial cases if reverse discrimination complaints are filed.
Recently, the OCR decided to investigate a complaint filed by the Equal Protection Project, a conservative nonprofit, against the Ithaca City School District in New York. This complaint alleged racial exclusion based on an event known as the Students of Color Summit. Although the Biden administration had not pursued this complaint, the new Education Department leaders opted to proceed with an investigation.
The department’s memo, issued on Thursday, also included a revised case manual outlining procedures for investigating and resolving complaints of civil rights violations. During the previous administration, the authority to initiate systemic inquiries was more prevalent if there was evidence of widespread civil rights issues or multiple complaints of similar discrimination within a district or college. However, this authority appears to have been removed under Trump’s administration, as the new manual makes no reference to systemic investigations.
Additionally, the manual no longer uses gender-neutral references, replacing “their” with “his or her.” This change aligns with Trump’s anti-transgender policies, reflecting his view that gender is binary.
These adjustments at the OCR coincide with Trump’s critical statements on the Education Department, labeling it as a “con job.” There are expectations of an executive order aimed at dismantling the department. Last week, Trainor informed educational institutions of a two-week timeframe to cease considering race in admissions, financial aid, hiring, and training to avoid federal funding cuts.
Further actions by the Trump administration, implemented at the behest of Elon Musk’s Department of Government Efficiency, involved ending contracts worth hundreds of millions of dollars. These contracts largely supported education research and data collection on national learning trends. The administration claims these cuts aim to eliminate waste, yet services for some students with disabilities were abruptly terminated.
