A federal judge has upheld a June decision requiring the U.S. Department of Education to maintain its Office for Civil Rights (OCR) as it was, ensuring it can fulfill its legal responsibilities. This order prevents the department from laying off OCR employees, despite a U.S. Supreme Court emergency order in a different case that allowed the department to proceed with widespread layoffs.
This legal challenge to the reduction of OCR’s scope, including closing seven of its 12 regional offices, was initiated by two students. These students “faced severe discrimination and harassment in school and were depending on the OCR to resolve their complaints so that they could attend public school,” according to Judge Myong Joun in his August 13 decision.
Joun clarified that Victim Rights Law Center v. U.S. Department of Education is distinct from the Supreme Court case New York v. McMahon, which permitted the layoffs, because the students involved had “unique harms” due to the OCR office closures.
The Department of Education appealed Joun’s decision on Thursday to the U.S. First Circuit Court of Appeals, requesting permission to proceed with OCR office closures. This ongoing legal battle has extended the administrative leave of OCR employees, which began in March after the department laid off over 1,300 staff members. The layoffs were advocated by President Donald Trump and U.S. Education Secretary Linda McMahon to reduce bureaucracy and cut federal spending.
However, the American Federation of Government Employees Local 252, representing most of the laid-off employees, reported that the federal government has been spending about $7 million monthly for these employees on administrative leave. The administrative leave was scheduled to end on June 9, but court rulings delaying the department’s restructuring have prolonged it.
According to agency data from last year, the OCR received a record number of complaints against K-12 and higher education institutions in 2023, exceeding the previous highest total in 2022.