On Thursday, the U.S. Department of Education notified its employees about the decision to lift a monthlong moratorium on investigating discrimination complaints in schools and colleges nationwide, allowing only disability-related investigations to resume. This directive leaves numerous complaints concerning race and gender discrimination, largely submitted by students and families, temporarily unresolved. These cases include allegations of unequal discipline and race-based harassment.
Craig Trainor, the acting director of the department’s Office for Civil Rights, communicated in an internal memo, obtained by ProPublica, the intention to resume processing disability-based discrimination complaints immediately. The memo was directed to the enforcement personnel, primarily attorneys, within the office.
A department spokesperson did not provide an immediate comment on the matter.
Last week, ProPublica reported the Department of Education’s suspension of ongoing civil rights investigations, an action considered uncommon even during a change in presidential administration. Employees at the department indicated they were advised not to interact with students, families, and schools involved in ongoing cases, describing it as a “gag order” and expressing that they had been “muzzled”.
Since President Donald Trump took office, the office has initiated only a small number of new cases, focusing primarily on investigations reflecting the administration’s priorities. These cases involve a school district’s gender-neutral bathrooms and institutions allowing transgender athletes to compete in women’s sports, along with allegations of discrimination against white students and incidents of anti-semitism.
Last week, around 20 new investigations were opened overall, a stark contrast to over 250 cases during the same time the previous year. The Office for Civil Rights has faced a backlog of cases for years, with approximately 12,000 investigations pending when President Trump assumed office, some unresolved for over a decade, leaving civil rights advocates concerned about inadequate relief for students.
About half of the unresolved cases pertain to students with disabilities reportedly mistreated or wrongfully denied school assistance, based on a ProPublica department data analysis. Additionally, there are around 3,200 active racial discrimination complaints, including those alleging unfair discipline and racial harassment, alongside approximately 1,000 complaints related to sexual harassment or violence. Other outstanding cases cover a wide array of discrimination claims.
Harold Jordan from the American Civil Liberties Union remarked that failing to address disability rights “would be politically unpopular,” pointing out that there is a desire to continue addressing disability-related claims.
However, traditionally investigated complaints involving discrimination against students of color don’t align with President Trump’s focus, which primarily concerns alleged prejudice against white students. Jordan noted that cases involving race might be prioritized when complaints of reverse discrimination are filed.
In a recent example, the OCR decided to investigate a complaint from August by the Equal Protection Project, a conservative nonprofit, alleging the exclusion of white students from an event called the Students of Color Summit by the Ithaca City School District in New York. Although the Biden administration had not acted on the complaint, it was given attention shortly after new Education Department leaders assumed their roles.
The recent memo also introduced a “revised” case manual detailing the complaint investigation and resolution process under civil rights law violations. Previously, investigators had authority to initiate “systemic” inquiries for widespread civil rights concerns or multiple similar discrimination complaints within a school district or college. This authority appears to be omitted in the updated manual under Trump’s administration.
Gender-neutral references have also been removed; the updated manual substitutes “their” rights with “his or her”, mirroring Trump’s anti-transgender stance and his belief in only two genders.
These changes occur as President Trump has labeled the Education Department as a “con job” and may issue an executive order for its dismantlement. Recently, Trainor mandated that schools and colleges stop considering race in admissions, financial aid, hiring, and training within two weeks or face loss of federal funding.
Trainor stressed that under any appearance, discrimination based on race, color, or national origin remains illegal.
In recent weeks, the Trump administration has cut contracts, cumulatively worth hundreds of millions, largely focused on educational research, school data, and training grants for educators. These cuts followed recommendations from Elon Musk’s Department of Government Efficiency team, advocating against wasteful spending and ending diversity programs, which abruptly ceased some services for students with disabilities.
