ProPublica Sues Education Department Over Withheld Civil Rights Records

ProPublica has initiated a lawsuit against the U.S. Department of Education in federal court in New York, alleging the department has unlawfully withheld public records concerning its enforcement of civil rights protections for American students. The lawsuit stems from four Freedom of Information Act (FOIA) requests submitted by ProPublica over the past year, which sought information about the department's investigations and communications related to allegations of discrimination in schools.

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Historically, the Office for Civil Rights (OCR) within the Education Department has maintained transparency by publishing lists of open investigations and the outcomes of completed inquiries. However, under the leadership of Education Secretary Linda McMahon, appointed by President Donald Trump, the OCR's operations have become increasingly opaque. ProPublica's requests included details on civil rights investigations, notices sent to educational institutions, and communications with conservative groups that have criticized public schools. The department has only acknowledged receipt of these requests without providing any substantive responses.

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Alexandra Perloff-Giles, representing ProPublica, emphasized the importance of transparency, stating, “Actions by the Department of Education have real consequences for millions of students and families.” She highlighted the necessity for public understanding of how executive authority is exercised to ensure government accountability.

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The lawsuit also points to significant staffing reductions within the OCR, which saw its employee count decrease from 568 in 2024 to 403 by December 2025. McMahon's administration has closed seven of the twelve regional OCR offices that previously handled discrimination complaints, leading to a backlog of cases. As of December 2025, nearly 24,000 investigations were open, a stark increase from approximately 12,000 when President Joe Biden left office. Reports indicate that many complaints, particularly those regarding racial harassment of Black students, have been ignored or dismissed without investigation.

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Critics of the OCR's current direction argue that the focus has shifted disproportionately towards issues such as curbing antisemitism and restricting transgender students' participation in sports, while neglecting serious complaints of racial discrimination. The lawsuit asserts that the public interest in the withheld information is substantial, given the impact on approximately 49.6 million students in the U.S.

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The Education Department has not issued any comments regarding the lawsuit or the allegations of withheld records. The department's lack of response raises further questions about its commitment to transparency and accountability in civil rights enforcement.

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• “Actions by the Department of Education have real consequences for millions of students and families,” — Alexandra Perloff-Giles, Attorney

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• “The public interest in this information is substantial and ongoing.” — ProPublica Lawsuit Statement

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ProPublica's legal action against the Education Department highlights ongoing concerns regarding transparency and the enforcement of civil rights protections in American schools. As the lawsuit unfolds, it may prompt further scrutiny of the OCR's operations and priorities under the current administration.

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