U.S. Education Department Recalls Civil Rights Office Staff Amidst Litigation and Backlog
Staff Recalled to Duty
U.S. Education Department employees, including attorneys from the Office for Civil Rights (OCR), received emails on Friday, December 12, instructing them to return to work. These individuals had been terminated in March as part of a reduction-in-force initiated by the Trump administration.
Courts subsequently intervened, temporarily blocking the finalization of these terminations. Following the court intervention, 299 OCR employees were placed on paid administrative leave. Court records indicate that 52 of these individuals have since departed. The remaining 247 staffers were the recipients of the recall emails.
Department's Stated Reasons
The department's email, shared with NPR by recipients, stated that despite ongoing legal challenges to downsize the department, "utilizing all OCR employees, including those currently on administrative leave, will bolster and refocus efforts on enforcement activities in a way that serves and benefits parents, students, and families." Staff were directed to report to their regional offices on Monday, December 15.
Julie Hartman, the department's press secretary for legal affairs, confirmed to NPR that the department "will temporarily bring back OCR staff." Hartman added, "The Department will continue to appeal the persistent and unceasing litigation disputes concerning the Reductions in Force, but in the meantime, it will utilize all employees currently being compensated by American taxpayers." The department did not specify the exact number of staffers being recalled or the timing of this decision.
Union Concerns and Complaint Backlog
Rachel Gittleman, president of AFGE Local 252, a union representing Education Department employees, commented on the situation. Gittleman stated, "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."
An anonymous department source reported to NPR that OCR currently faces approximately 25,000 pending complaints, including about 7,000 open investigations. Gittleman also asserted that keeping OCR attorneys on paid leave "has already wasted more than $40 million in taxpayer funds." NPR stated it could not independently verify this cost.
Previous Staffing Changes and Public Impact
In October, the administration attempted to terminate another 137 OCR staffers; however, these individuals were reinstated as part of an agreement to end a government shutdown. Overall, only 62 OCR employees, approximately 10% of the office's January headcount, had not received a termination notice at some point during the year.
The recall announcement followed an NPR report two days prior concerning the effects of OCR staffing reductions on students with disabilities and their families.
Maggie Heilman, whose daughter has Down syndrome, shared her experience with NPR. Heilman filed a complaint with OCR in 2024 regarding her daughter's alleged denial of a free, appropriate public education. The investigation, initiated in October 2024, was repeatedly disrupted by staff cuts and remains among the 7,000 open investigations.
Heilman commented on the administration's decision regarding civil rights attorneys, stating, "it's telling families with children like [my daughter] that their hurt doesn't matter."
Public data indicates that since the current administration took office, OCR has reached resolution agreements in 73 cases involving alleged disability discrimination. This contrasts with 390 resolutions in 2024 and over 1,000 in 2017, the year the administration began its first term.