Education Dept. Reinstates OCR Staff Amid Legal Battle and Backlog

U.S. Education Department rehires fired staff amid legal battles, aiming to address backlog of civil rights cases.

Education Department recalls fired attorneys amid backlog : NPR

U.S. Education Department Reinstates Fired Civil Rights Staff Amid Legal Dispute

In a surprising turn of events, employees at the U.S. Education Department, who were terminated earlier this year, received unexpected instructions to resume their duties. This directive comes amidst ongoing legal battles concerning the department’s decision to reduce its workforce.

These employees, primarily attorneys within the department’s Office for Civil Rights (OCR), play a crucial role in investigating discrimination complaints in schools across the nation. They were laid off by the Trump administration as part of a March reduction-in-force. However, subsequent court interventions have temporarily halted the terminations.

The decision left 299 OCR staff members in a state of uncertainty, as they were placed on paid administrative leave pending the legal proceedings. According to court documents, 52 of these employees have opted to leave since the layoff notice was issued.

On a recent Friday, the department sent an email to some of the remaining 247 staff members, indicating a shift in strategy. The email, shared with NPR, stated that utilizing all OCR staff, including those on leave, would enhance efforts to serve families and schools effectively.

Julie Hartman, the department’s press secretary for legal affairs, confirmed the temporary reinstatement of OCR staff, emphasizing the need to continue legal appeals against the reductions. “The Department will continue to appeal the persistent and unceasing litigation disputes concerning the Reductions in Force,” Hartman stated.

The department has not disclosed the exact number of employees being recalled or provided an explanation for their return at this time. However, the decision has drawn criticism from union representatives. Rachel Gittleman, president of AFGE Local 252, remarked, “By blocking OCR staff from doing their jobs, Department leadership allowed a massive backlog of civil rights complaints to grow, and now expects these same employees to clean up a crisis entirely of the Department’s own making.”

Currently, the backlog of complaints at OCR stands at approximately 25,000, including about 7,000 open investigations, according to an anonymously sourced department figure. The extended leave of OCR attorneys has allegedly cost taxpayers over $40 million, although this figure has not been independently verified.

In related developments, the administration attempted to dismiss an additional 137 OCR employees in October. However, these staff members were reinstated as part of a resolution to end the government shutdown. To date, only 62 employees within the OCR have not faced termination notices this year.

Concerns over the impact of staff reductions on students, particularly those with disabilities, have been raised. Maggie Heilman, a parent who filed a complaint with OCR in 2024, expressed frustration with the process, noting disruptions caused by the staff cuts. “It’s telling families with children like [my daughter] that their hurt doesn’t matter,” Heilman stated.

Data from the OCR indicates a significant decline in resolution agreements for disability discrimination cases since Trump assumed office. In 2025 alone, 73 such cases were resolved, compared to 390 in 2024 and over 1,000 in 2017.

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