ProPublica Sues Education Department Over Alleged Withholding of Civil Rights Enforcement Records

Investigative journalism organization ProPublica has filed a lawsuit against the U.S. Department of Education in federal court in New York, alleging that the department is unlawfully withholding public records related to its enforcement of civil rights protections for students. The lawsuit claims the Education Department has failed to respond to four Freedom of Information Act (FOIA) requests submitted by ProPublica last year, which sought information on investigations, communications, and other activities of the Office for Civil Rights (OCR). These requests aimed to shed light on how the department is handling discrimination complaints and whether previous findings of discrimination have been reversed under the current administration.

The lawsuit highlights a significant increase in opacity surrounding the OCR's operations since the Trump administration took office. Historically, the OCR maintained public lists of open investigations and published findings, but this transparency has reportedly diminished. ProPublica's legal action seeks to compel the department to release these records, arguing that the public has a substantial and ongoing interest in understanding how executive authority is being exercised, particularly given the impact on millions of students and families. The lawsuit also points to a shift in the OCR's focus and a significant backlog of discrimination complaints, with the number of open investigations nearly doubling in recent years.

The complaint further details concerns about the OCR's diminished capacity and altered priorities, including a reduction in staff and the closure of several regional offices. It alleges that while some cases, such as those related to antisemitism or transgender athletes, have been fast-tracked, complaints of racial harassment against Black students have been overlooked. The lawsuit emphasizes that the public deserves to know how the department is upholding constitutional rights against discrimination, especially as the work of the OCR, once a major enforcer of the Civil Rights Act of 1964, has become increasingly secretive.