ProPublica Sues U.S. Department of Education Over Civil-Rights Data Transparency

ProPublica filed a federal lawsuit in March 2026 against the U.S. Department of Education, alleging that the agency has not produced any records on civil-rights investigations, resolution agreements, or data collections despite multiple FOIA requests. The department has moved to dismiss the suit.

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The Office for Civil Rights traditionally posted a weekly list of schools under investigation; updates stopped on Jan. 14 2025, freezing the list. FOIA requests now carry a 262-business-day estimate, and staff cuts under the Trump administration have slowed responses. The department’s most recent public data cover the 2020-21 school year. A 2024 resolution agreement addressing race- and sex-based bullying in Washington, D.C., was terminated without a database update, and an Illinois special-education district was identified as having the nation’s highest student-arrest rate, a finding drawn from the 2020-21 data.

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ProPublica education reporters Jodi Cohen and Jennifer Smith Richards have long used the OCR list to monitor civil-rights complaints. The department’s current leadership, unnamed in the sources, filed a motion to dismiss and maintains that it is still evaluating the FOIA requests.

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In its court filing, the Department of Education asserted that it is still evaluating the reporters’ FOIA requests and searching for “potentially responsive” records. The agency also filed a motion to dismiss, arguing that the plaintiffs have not demonstrated a legal right to the withheld information. The department confirmed receipt of the latest FOIA request and provided the 262-day response estimate.

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The reporters note that the OCR has prioritized investigations into antisemitism, transgender-athlete participation, and alleged discrimination against white students, while deprioritizing racial harassment complaints. Press releases sometimes announce termination of resolution agreements, yet the agency’s online database does not reflect those changes, limiting public oversight. Moreover, the department’s public records do not indicate when agreements are terminated, making it impossible to determine the total number of terminations since 2024.

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• “You would get a call or a tip about a school district, and you would go and look up the school district to see if it was under investigation,” — Jodi Cohen, ProPublica education reporter

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• “Either a school district has raised their hand and said the federal government has terminated its resolution agreement,” — Jennifer Smith Richards, ProPublica education reporter

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• “But we do it because these records belong to us, the public.” — ProPublica spokesperson

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• “One particular challenge journalists face today is that layoffs across the federal government under Trump have hit FOIA offices particularly hard.” — ProPublica spokesperson

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Cohen and Richards filed a new FOIA request in late March 2026; the department indicated a response could take up to 262 business days. ProPublica has said it will pursue additional legal action if the agency does not produce the requested records within that period.

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