What’s Next for the US Department of Education’s Office for Civil Rights Under a Trump Administration: The U.S. Department of Education (ED) has been a cornerstone in protecting civil rights since it opened its doors in 1980. It enforces federal civil rights laws across U.S. public schools and most colleges and universities that receive federal funding. These laws were designed to fight state-sponsored discrimination against historically marginalized groups—Black, Indigenous, and other non-white Americans, women, and disabled individuals.
However, what happens when a presidential administration seeks to turn the Department’s authority into a tool for discriminatory agendas? While much attention has been given to Trump’s proposal to eliminate the Department of Education, some of his plans—especially those aimed at reshaping federal civil rights enforcement to support a right-wing agenda—have flown under the radar.
As we move into Trump’s second term, we can see a clearer picture of how the administration is planning to reshape the Office for Civil Rights (OCR) to align with its goals. The administration has already made strides, announcing plans to close investigations related to book bans, launching multiple Title IX investigations into gender-inclusive policies, and releasing an executive order that threatens to withhold federal funding from schools that promote what they call “discriminatory equity ideology.”
What can we realistically expect from OCR in the next four years? Let’s take a closer look at the Office for Civil Rights, its role, and the ways in which the Trump administration could influence its work.
What Does the Office for Civil Rights (OCR) Do?
OCR enforces several key civil rights laws, primarily in programs and institutions that receive federal funding, which includes most K-12 public schools and colleges and universities. OCR is responsible for protecting students from discrimination based on race, national origin (Title VI of the Civil Rights Act of 1964), sex (Title IX of the Education Amendments of 1972), age (Age Discrimination Act of 1975), and disability (Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990).
OCR enforces these laws by investigating claims of discrimination, often submitted by parents, legal advocates, or students themselves. These investigations can be initiated through complaints or proactively by OCR through “compliance reviews.” Institutions found guilty of violating civil rights laws may face consequences, including losing federal funding or being referred to the Department of Justice for further legal action.
In fiscal year 2024, OCR received more than 22,000 complaints—more than double what they received a decade ago. However, despite this increase, OCR’s budget has remained stagnant, leading to an overworked and understaffed agency that often takes years to resolve routine investigations. This delay makes it harder for OCR to protect students’ civil rights effectively.
OCR Under the Trump Administration: A Radical Shift?
The Trump administration has several tools at its disposal to revise OCR’s policies and practices. This includes changing the Case Processing Manual (which guides investigations), revising regulations to alter the definition of illegal discrimination (like the scope of sex-based discrimination under Title IX), and issuing guidance on emerging civil rights issues.
Although the specifics remain uncertain, some early signs suggest that Trump’s administration plans to use OCR as a tool to promote a conservative agenda, especially in areas related to race, gender, and LGBTQ+ rights. The administration has already closed investigations into book banning and launched new Title IX probes, targeting gender-inclusive school policies. Moreover, the White House issued an executive order aimed at curbing what they refer to as “discriminatory equity ideology” in schools—asserting that federal funding could be withheld from institutions promoting this ideology.
In fact, much of this approach contradicts the original purpose of civil rights laws, which sought to rectify state-sanctioned discrimination against marginalized groups. By labeling efforts to reduce racial inequalities as anti-white discrimination, or policies supporting transgender students as “radical,” the Trump administration may begin to undo decades of progress toward inclusive education.
How Could OCR’s Role Change Under Trump?
Given the federal government’s extensive authority over civil rights enforcement, we’re likely to see more push from the Trump administration to redefine what constitutes discrimination. They’ve already signaled an intention to use OCR to challenge school curriculums that teach about critical race theory, LGBTQ+ issues, or gender inclusivity.
Take, for example, the executive order titled “Ending Radical Indoctrination in K-12 Schooling.” This order directs multiple departments to devise a strategy for eliminating federal funding for schools promoting what they consider “discriminatory treatments” related to gender ideology and race. This includes using OCR to police what’s taught in classrooms, with a focus on protecting “patriotic” values and eradicating what they define as “woke” indoctrination.
One notable instance of this shift has been a focus on Title IX, the law that prevents sex-based discrimination in education. Under Trump’s leadership, OCR has taken a very different approach to Title IX regulations than the Biden administration, placing a stronger emphasis on due process for those accused of sexual assault and limiting the scope of protections for transgender students. The administration’s reversal of Biden-era Title IX protections—which extended rights to LGBTQ+ students—shows a stark shift in priorities.
Will These Changes Be Successful?
There’s a lot of uncertainty about how much the Trump administration will be able to accomplish with OCR, especially given the complexities of federal law. For instance, the Every Student Succeeds Act (ESSA) of 2015 prohibits the federal government from influencing state curriculum decisions. Therefore, it’s unlikely OCR can force changes in school curricula related to textbooks or instructional materials. However, they could influence policies related to LGBTQ+ inclusion under Title IX, where federal law remains unclear.
Beyond the legal complexities, one of the biggest challenges for OCR’s effectiveness is the lack of resources and staff. Trump’s administration has proposed downsizing the Department of Education, which could further strain OCR’s ability to carry out its mission, especially if faced with a rising tide of legal challenges from advocates pushing for stronger protections.
Ultimately, the success of these efforts will depend largely on the judicial system. If the Trump administration’s moves are challenged in court, it will be up to judges to determine whether these actions are consistent with federal law.
Moving Forward: What Should We Expect?
As this unfolds, state and local leaders will likely play a crucial role in maintaining safe and inclusive educational environments. With the federal government seemingly less invested in protecting marginalized students’ rights, schools must double down on creating environments where all students feel welcomed, supported, and protected—regardless of race, gender, sexual identity, or disability status.
I believe it’s important for advocates, parents, and communities to remain vigilant. We must continue pushing for the kind of education system that fosters equity and inclusion, especially when the political landscape may be pulling in the opposite direction. The upcoming years will undoubtedly be a defining time for civil rights enforcement in education.
In conclusion, as we look ahead, it’s critical to acknowledge the evolving role of OCR under a Trump administration and consider how we, as a society, can ensure that civil rights in education continue to be protected. It might not be business as usual, but our collective voice and action will determine the future of civil rights in American schools.
Key Takeaways:
- The Trump administration has already taken steps to reshape OCR into a tool for a right-wing agenda, targeting issues like book banning and gender-inclusive policies.
- OCR’s role could be further influenced by changes in Title IX regulations, which may limit protections for LGBTQ+ students and survivors of sexual assault.
- Although Trump’s administration will face significant legal and resource challenges, the courts will play a pivotal role in determining the success of these changes.
- State and local leaders must take a proactive stance in protecting students’ civil rights as federal support may dwindle.