U.S. DOJ Faces Challenges and Shifts in Handling Student Civil Rights Cases
In recent years, the U.S. Department of Justice (DOJ) has undergone significant changes in its approach to enforcing student civil rights protections, amid staffing challenges and shifting priorities.
A 2017 video in Maryland showing a 10-year-old student being dragged and secluded led to a 2021 DOJ investigation revealing over 7,000 restraint and seclusion incidents in just two and a half years. This prompted Maryland to ban seclusion in public schools four months later. The DOJ’s educational opportunities section has traditionally handled cases involving restraint and seclusion, desegregation, and racial harassment, prioritizing high-impact cases and actively monitoring compliance with remedies.
However, under the Trump administration, the DOJ broadened its enforcement agenda to include antisemitism, transgender policies, and bias against white students. It pursued actions related to discounted tuition for undocumented students and pressed the University of Virginia over diversity, equity, and inclusion policies.
By June 2025, staffing in the DOJ’s education section plummeted following Harmeet Dhillon’s confirmation, declining from about 40 education lawyers in January to fewer than five. Many resignations contributed to this collapse, compounded by layoffs in the Department of Education’s Office for Civil Rights, which has reduced cross-agency collaboration and enforcement of student civil rights protections.
Some investigations have accelerated under the new circumstances; for example, the UCLA antisemitism case concluded in 81 days. However, a judge blocked use of the findings to justify cutting the university’s federal funding, raising concerns that quicker timelines might bypass customary procedures.
In Vermont, tensions between longstanding remedies and new policy directions are evident. The Elmore-Morristown district remains under a prior settlement requiring bias training, while oversight of Twin Valley ended early after progress, sparking worries over ongoing accountability.
Colorado’s Douglas County case demonstrates continued DOJ scrutiny over restraint and seclusion with 582 restraints reported statewide in 2023–24. Shorter-term restraints remain untracked. The district highlights its focus on student care and recent staffing changes amid the investigation.
These examples reflect the complex landscape faced by the DOJ as it navigates enforcement in an era of evolving priorities and diminished resources.
