The Education Department’s Office for Civil Rights, which is supposed to protect students from discrimination based on race, ethnicity, sex, age and disability status, isn’t what it once was.
The Trump administration laid off nearly half the staff in March, shuttered seven of its 12 regional offices, shifted the hollowed-out agency’s focus to new priorities (including keeping transgender women out of women’s sports) and then reportedly terminated more employees amid the ongoing shutdown.
Philadelphia was among the cities that lost its OCR regional office in the first round of layoffs. Lindsey Williams, a Pennsylvania state senator who serves as minority chair of the Senate Education Committee, said the region’s cases now go to Atlanta, “where they may or may not be heard.”
To fill this void, Williams, a Democrat, announced she will file legislation to establish an Office of Civil Rights within the Pennsylvania Department of Education. The bill has yet to be written, but Williams said she wants to “create new authorities for the Pennsylvania Department of Education to investigate and enforce federal civil rights violations.” She noted, “There may be opportunity as well to strengthen our state laws in this regard.”
“We’re looking at all of it to see what we can do,” she said, “because we haven’t been here before.”
Students facing discrimination across the country now have far fewer staff in the federal Education Department OCR who can respond to their complaints. The agency had a large backlog of cases even before President Trump retook office, and then it dismissed thousands of complaints in the spring. Some advocates have expressed particular concern about OCR’s current capacity to process complaints of disability discrimination.
And those left at OCR appear to be applying a conservative interpretation of civil rights law that doesn’t recognize transgender students’ gender identity. The Trump-era OCR has actively targeted institutions for allowing trans women in women’s sports. It’s also focused on ending programs and practices that specifically benefit minorities, to the exclusion of whites.
Civil rights advocates are calling for states to step up.
“We cannot stop what is happening at the federal level,” Williams said. “There’s plenty of lawsuits that are trying … but, in the meantime, what do we as a state do?”
One of those ongoing suits, filed by the Victim Rights Law Center and two parents in April, alleges that shrinking OCR harms students from protected classes. It argues that the federal OCR cuts left “a hollowed-out organization incapable of performing its statutorily mandated functions,” adding that “without judicial intervention, the system will exist in name only.” But that intervention may not work in students’ favor—judges have issued preliminary injunctions, but the Supreme Court has, so far, allowed the Education Department layoffs to continue.
Shelby Chestnut, executive director of the Transgender Law Center and a Pennsylvania resident, said, “States need to be picking up some of the slack.”
“If more states with Democratic leaders started to propose such offices or legislation or money, it would likely create a bigger conversation,” Chestnut said.
He noted that during the Obama administration, the federal government sued North Carolina over its controversial law banning trans people from using bathrooms matching their gender identity. But that’s not something the Trump administration would do. Chestnut said some states are now saying—and more should be saying—“OK, you won’t do your job, so we’ll do your job for you.”
Beth Gellman-Beer, who was director of the Philadelphia regional office of the federal OCR before the Trump administration laid her off, said she doesn’t know of other states creating a new state-level agency like the one that’s been proposed in Pennsylvania. Even there, Republicans control the state Senate, and the legislation isn’t certain to pass. She said other state legislatures “should be really thinking about this and taking immediate steps to build out some kind of civil rights unit to help students in their state.”
Some states already have their own agencies that protect civil rights in higher ed, Gellman-Beer said, including the existing Pennsylvania Human Relations Commission. But she said these entities “are traditionally severely understaffed and don’t have the resources and relied heavily on OCR.”
Chad Dion Lassiter, executive director of the Pennsylvania Human Relations Commission, agreed with Gellman-Beer’s assessment of commissions like his. Lassiter said he feels “sheer exuberance” over the proposed legislation—which he said would be even greater if the new Office of Civil Rights were created in his agency.
“Give us 20 additional staff and we’ll do the work,” Lassiter said. Ideally, 15 would be investigators in his agency’s education division and five would be attorneys, he said.
“Each state that has a human relations commission should have an educational component,” he said. “Fund these commissions.”
Gellman-Beer said the only true fix is to restore a federal OCR—because even if some states do step up, students’ rights will be contingent on where they live.
“It used to be, under the model prior to this administration, that the promise for equal educational opportunity was across the board,” she said.
Unequal Rights Across States
For a student going before a state-level OCR in a state that doesn’t recognize their identity, the process could be as fruitless as seeking help from the Trump-era federal OCR. The Movement Advancement Project, which advocates for LGBTQ+ rights, says 27 states have laws banning trans students from participating in sports matching their gender identity. Such laws don’t all affect postsecondary students, but they often do, the organization said.
Nicholas Hite, a senior attorney at Lambda Legal, which advocates for LGBTQ+ people in court, said the federal OCR was supposed to provide a single, consistent application of federal legal protections. Now, he said, “that just isn’t happening—they’re just refusing to do it.”
“If we’re relying on states to be the enforcement mechanism, we’ve created this patchwork where each state is going to take their own approach,” Hite said.
Universities in states with laws recognizing trans students’ rights have to decide whether to comply with those laws or with the Trump administration’s approach. The administration, using massive cuts to federal research funding, forced concessions from the University of Pennsylvania for allowing a trans woman to compete in women’s sports. But Scott Lewis—a co-founder of the Association of Title IX Administrators and managing partner of TNG Consulting, which advises higher ed institutions on civil rights issues—said so far he’s seen blue-state universities handling discrimination complaints like they did before Trump retook office.
Lassiter, of the Pennsylvania Human Relations Commission, said, “It’s important for people to know you still have protections under the state.” But protections for trans students can be unclear.
His agency enforces state laws protecting students against discrimination based on gender identity, but wouldn’t directly answer whether that means it would order a university to allow a trans woman to play on a woman’s sports team. Lassiter said his agency avoids “cultural wars.”
Students facing discrimination of all sorts can still sue under federal civil rights law in lieu of seeking help from the federal OCR or any state version of that agency. But personal lawsuits can be expensive.
Williams, the Pennsylvania state senator, noted that lawsuits may also not wrap up by the time a student graduates. Gellman-Beer, the former federal OCR employee, said they also often lead to individual remedies for a victim, rather than “systemic interventions to make sure that the problem doesn’t occur again for other students.” That was the kind of broad solution the federal OCR could achieve, she said.
Hite welcomed people whose rights are being infringed, or who are concerned about others’ rights, to reach out to Lambda Legal. He noted the federal OCR did much of its work through negotiating with universities to fix issues, rather than pursuing litigation. If the federal OCR is no longer doing these negotiations, the burden is placed on students and parents to sue to uphold their own rights—while an added cost of litigation is also placed on universities, he said.
Lewis said that if the Trump administration continues its trajectory, people who don’t feel they’re being served at the federal level will go to the state level.
“If the federal government won’t do it,” he said, “the states are going to be left to do it.”