The Education Department’s Secretive Shift on Student Rights
ProPublica has filed a federal lawsuit in New York, alleging that the U.S. Department of Education is deliberately withholding critical records from the public.
The complaint claims that the department ignored four Freedom of Information Act (FOIA) requests that sought details about civil‑rights investigations in schools.
What the FOIA Requests Wanted
| Request | Requested Information |
|---|---|
| 1️⃣ | Open or closed investigations, letters sent to schools under review |
| 2️⃣ | Past findings that were overturned during the Trump era |
| 3️⃣ | Emails between top department officials and conservative groups critical of public schools |
| 4️⃣ | Information on investigations pushed by these groups |
Only a brief acknowledgment of receipt was issued—no substantive records were provided.
Background: The Office for Civil Rights (OCR)
- OCR has long handled discrimination cases and once published a list of active probes.
- Since Linda McMahon became Education Secretary, OCR staff has been cut and many investigations are now shrouded in secrecy.
- Staff reductions: from 568 employees in 2024 to 403 by December 2025; seven of twelve regional offices shut down.
- Open investigations: ~12,000 when Biden left office; nearly 24,000 by December 2025.
- OCR workers describe the environment as a “dismissal factory” due to rapid case dismissals without proper inquiry.
Shift in Focus Under Trump
- Emphasis moved to antisemitism, transgender athletes in women’s sports, and alleged discrimination against white students.
- Racial harassment faced by Black students reportedly ignored.
- Some older resolution agreements were withdrawn without public disclosure.
ProPublica’s Legal Strategy
ProPublica has used similar FOIA‑based lawsuits to push for transparency in other federal agencies, including a May lawsuit against the State Department.
This case is part of a broader effort to hold government bodies accountable for civil‑rights enforcement in education.
What’s at Stake
ProPublica argues that the lack of transparency harms millions of students and families. The lawsuit seeks a court order compelling the Department of Education to comply with FOIA, ensuring public access to critical civil‑rights records.
