ProPublica Sues U.S. Education Department for Withholding Civil Rights Investigation Records

ProPublica has filed a lawsuit in federal court in New York against the U.S. Department of Education, accusing the agency of unlawfully withholding public records concerning its enforcement of civil rights protections for millions of American students. The lawsuit stems from the Department's failure to respond to four Freedom of Information Act (FOIA) requests filed by ProPublica last year. These requests sought records related to the Department's investigations, internal communications, and other work conducted by its Office for Civil Rights (OCR). Historically, the OCR has investigated allegations of discrimination in schools and maintained public lists of its open investigations and findings. However, under Education Secretary Linda McMahon, appointed by President Donald Trump, the OCR has been significantly reduced in capacity, and the work of its remaining investigators is now largely conducted in secrecy. ProPublica's FOIA requests specifically sought: 1) records about civil rights investigations opened or closed; 2) notices sent to institutions under investigation; 3) information on previous findings of discrimination that have been reversed under the Trump administration; and 4) communications between top Education Department officials and conservative groups that have criticized public schools and have reportedly urged the OCR to investigate specific school districts. The Department has failed to substantively respond to these requests, providing only acknowledgments of receipt.