Expansion and Challenges in DOJ's Student Civil Rights Enforcement
The Department of Justice's civil rights division expanded its educational docket under the current administration to include investigations into antisemitism, transgender policies, and biases against white students. This broadened focus came alongside actions addressing tuition discounts for undocumented students and Diversity, Equity, and Inclusion (DEI) policies at universities.
Historically, DOJ education cases focused primarily on harassment, racial discrimination, restraint/seclusion, and English-learning services. However, the portfolio has grown to encompass a wider range of campus-related and gender-identity concerns.
Leadership changes and staffing cuts significantly reduced DOJ's education enforcement capacity. By June, fewer than five of about 40 education-lawyers remained following Harmeet Dhillon's confirmation as head of the civil rights division and related resignations. Additionally, the Department of Education’s Office for Civil Rights has been severely reduced by layoffs, limiting cross-agency coordination on student civil rights protections.
A 2021 DOJ investigation in Maryland found over 7,000 cases of unnecessary restraint and seclusion over two and a half years, which contributed to a statewide prohibition on seclusion implemented four months later. Meanwhile, a probe into Colorado’s Douglas County restraint and seclusion practices has shown inconsistent progress amid staffing shortages; the district reported 582 restraints in 2023-24 and lacks tracking of shorter-term restraints. District officials emphasize their focus on student care.
Investigations of antisemitism, such as the one at UCLA, illustrate DOJ's accelerated action, concluding in 81 days. Yet, a federal judge later blocked the use of DOJ findings to justify a $1.2 billion funding cut to UCLA.
In Vermont, districts Elmore-Morristown and Twin Valley exemplify ongoing tensions between DOJ oversight and local administrative changes. Elmore-Morristown was required to implement implicit-bias training, whereas supervision of Twin Valley ended early despite continuing concerns about biased language, sexism, and inconsistent adult responses.
