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Law & Courts

Court Again Tells Trump Admin. to Restore Laid-Off Ed. Dept. Staffers

Another case challenged Education Department staff cuts, specifically those at the office for civil rights
By Matthew Stone 鈥 June 19, 2025 5 min read
Demonstrators gather to protest outside of the offices of the U.S. Department of Education in Washington on March 21, 2025 after President Trump signed an executive order to shut down the government agency.
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A federal court has again told the Trump administration to return laid-off U.S. Department of Education employees to the job鈥攖his time specifically to the arm of the federal agency that investigates discrimination complaints in schools.

The same Boston-based federal judge who in May told the administration to reinstate nearly 1,400 laid-off Education Department employees issued an order in another case Wednesday telling the Education Department to restore its office for civil rights to how it existed when President Donald Trump took office in January.

He also ordered the office to investigate all discrimination complaints it receives. The Trump administration had prioritized in recent months a small subset related to disability-based discrimination; antisemitism; and alleged violations of presidential directives aimed at rooting out diversity, equity, and inclusion programming in schools and barring transgender athletes from girls鈥 sports and locker rooms.

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Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025.
Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025. A judge has ordered the reinstatement of terminated department employees, but they have yet to return to work.
Jose Luis Magana/AP

Judge Myong Joun, an appointee of former President Joe Biden, was ruling in a case filed by the parents of two students who had experienced discrimination at school, which OCR was investigating, and an organization that represents sexual assault victims, the Victim Rights Law Center. challenged the dismissal of nearly half of OCR鈥檚 employees and the closure of seven of its 12 regional offices as part of a March reduction in force that left the Education Department with about half the staff it had when Trump took office.

OCR, which had 560 employees prior to the cuts, is the Education Department鈥檚 second largest division and was among the hardest-hit by the staff reductions. The office is charged with enforcing federal anti-discrimination laws at the nation鈥檚 schools and colleges by investigating complaints and working with schools to bring them into compliance. It鈥檚 among the largest civil rights enforcement divisions across the federal government.

But Joun found that a reduced OCR isn鈥檛 fulfilling its legal mandates to investigate all complaints, pointing to investigations that have stalled and the lack of newly announced probes into racial discrimination against Black, Latino, and Indigenous students as well as traditional sex discrimination cases.

On the other hand, the Trump administration has launched dozens of investigations aligned with the president鈥檚 political priorities鈥攏early 60 as part of the administration鈥檚 effort to root out diversity, equity, and inclusion programs, and more than 30 targeting school and state policies concerning transgender athletes, according to an Education Week analysis.

It鈥檚 also touted a collaboration with the U.S. Department of Justice and other agencies to carry out investigations aligned with the president鈥檚 directives鈥攕uch as recently publicized investigations into Minnesota鈥檚 department of education and the state鈥檚 high school athletics association over a state policy allowing transgender athletes to play on girls鈥 teams.

But that collaboration, Joun wrote, 鈥渄oes not address the fact that OCR is currently incapable of addressing the vast majority of OCR complaints.鈥

When Trump took office, the administration instructed OCR investigators to pause much of their work, freezing in-progress investigations, cutting off communication with parties in their cases, and canceling scheduled meetings and mediation sessions. The Education Department , but only for cases alleging disability-based discrimination.

鈥淭o be clear, the new administration has some leeway regarding how it decides to prioritize certain OCR complaints,鈥 Joun wrote, 鈥渂ut it cannot pick and choose which complaints it will investigate, and which complaints it will not investigate at all.鈥

OCR doesn鈥檛 have capacity to investigate complaints, judge finds

Before Trump took office, OCR had more than 12,000 pending investigations, with nearly half鈥攎ore than 5,800鈥攃oncerning disability-based discrimination. OCR can鈥檛 resolve those now because of the staff reductions and office closures, Joun wrote.

鈥淸M]ost of the students behind those complaints will never receive meaningful relief due to OCR鈥檚 lack of intervention, to secure needed learning accommodations or to allow them to return to school safely,鈥 he wrote.

One student at the center of the case is a 10-year-old Michigan boy with a severe dairy allergy who faced bullying from classmates鈥攕tudents who rubbed cheese on his desk and poured milk on his lunch and coat, according to the lawsuit documents. OCR opened an investigation into the school鈥檚 response in October 2024. The case was headed toward mediation until OCR told the student鈥檚 mother in February 2025 it had paused the investigation.

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President Donald Trump speaks before signing an executive order barring transgender female athletes from competing in women's or girls' sporting events, in the East Room of the White House, Wednesday, Feb. 5, 2025, in Washington.
President Donald Trump speaks at the White House on Feb. 5, 2025, before signing an executive order barring transgender females from competing in women's or girls' sports. Transgender athlete policies have been a common subject of investigations into schools, colleges, state education departments, and athletic associations by the U.S. Department of Education since Trump took office.
Alex Brandon/AP

The other student is a 12-year-old Nebraska boy who is Black and experienced racial harassment at school鈥攔acial epithets, pushing, and other physical aggression from classmates. OCR opened an investigation into the school鈥檚 response in December 2023, but 鈥渢here is now radio silence鈥 about it from OCR, Joun wrote.

Since the OCR office closures, the regional office that was handling the investigation, in Kansas City, has also absorbed the caseload of the shuttered Dallas office.

Both parents have withdrawn their sons from the public schools they attended.

鈥淲ithout ongoing OCR investigations, the students are unable to attend school for fear of reentering a hostile environment,鈥 Joun wrote.

Myong J. Joun, nominee to be U.S. district judge for the District of Massachusetts, is sworn in during his Senate Judiciary Committee confirmation hearing on Tuesday, Nov. 15, 2022.

It鈥檚 the second legal success in challenges to Education Department staff cuts

Joun鈥檚 second order telling Trump officials to restore Education Department staff comes as the U.S. Supreme Court considers a request from the Trump administration to block his first order, which applies to the entire federal agency and not just OCR.

As a result of Joun鈥檚 first order, the Education Department has extended the paid administrative leave period for laid-off employees, who originally were set to be terminated June 9. They鈥檙e now still receiving pay, and the agency has taken some steps to prepare for their return. It has identifed temporary office space and sent a survey to laid-off employees, according to court filings.

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Education Secretary Linda McMahon accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025.
Education Secretary Linda McMahon, accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025. The pair were announcing a lawsuit against the state of Maine over state policies that allow transgender athletes to compete in girls' sports.
Jose Luis Magana/AP

The Education Department also halted work on arrangements for other federal agencies to handle some of its responsibilities.

Joun鈥檚 first order came in response to two cases鈥攐ne filed by the Democratic attorneys general of 20 states and the District of Columbia, and the other filed by a handful of Massachusetts school districts and unions. So far he is the only judge considering challenges to Education Department staff reductions to rule in favor of restoring staff.

A federal judge last month refused to reverse OCR staff cuts in a case also brought by parents with pending discrimination complaints. And earlier this month, two federal judges ruling in three cases challenging cuts to the department鈥檚 research arm, the Institute of Education Sciences, declined to issue orders restoring terminated staff and contracts.

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