Disability Discrimination Investigations Face Uncertainty Under Second Trump Administration
WASHINGTON – The federal office tasked with investigating disability-related discrimination within U.S. schools has experienced a significant slowdown since President Donald Trump assumed office for a second term. Advocates for students with disabilities report that cases previously progressing toward mediation or resolution with school districts were abruptly halted without explanation.
Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, a prominent disability rights organization, has been inundated with concerns from parents across the country. She notes that staff members at the Education Department’s Office for Civil Rights (OCR), who were actively investigating student situations, have ceased all communication in recent weeks, leaving parents feeling deeply concerned and abandoned.
While the Trump administration officially lifted the pause on disability-related investigations on February 20, according to an internal memo and agency spokesperson, the overall functioning of the OCR remains largely disrupted. Current and former officials report that much of the branch’s work, which plays a crucial role in preventing discrimination against students and teachers, is in a state of uncertainty.
The internal memo, signed by Craig Trainor, the acting assistant secretary for civil rights, indicates that investigators have resumed examining complaints solely focused on disability-based discrimination. However, advocates express concern that complaints involving multiple forms of prejudice, not just disability, will remain on hold, creating a fragmented and incomplete approach to addressing discrimination.
Marshall argues that discrimination based on disability cannot be isolated from other forms of discrimination, such as race or gender. This intersectional perspective highlights the complexity of discrimination and the need for a comprehensive investigative approach that considers all relevant factors.
The temporary halt of operations at the Education Department’s civil rights arm is not entirely unprecedented during presidential transitions. It is common for the OCR to pause some activities for a few weeks or months as the new administration establishes its policy priorities. However, historically, the core work of investigating disability-related discrimination, which constitutes a significant portion of the OCR’s caseload, has largely remained unaffected.
Former officials and advocates describe the pause under the second Trump administration as unconventional. Catherine Lhamon, who led the OCR during the Biden administration, stated that the office "had its hands tied behind its back," with high-ranking officials instructing staff to cease communication with students’ parents and school principals. Lhamon expressed her deep concern, emphasizing the devastating impact on students and families and her perspective as the former chief civil rights enforcer for the nation’s schools.
Ray Li, an attorney who previously worked in the OCR under Lhamon, shared that his former colleagues feel "really bad and totally hamstrung" by the current situation.
Julie Hartman, an agency spokesperson, stated that the hold on processing complaints alleging disability-related discrimination was lifted on February 20. She also noted that the Biden administration took longer to lift a similar pause, with cases resuming on March 10, 2021, after Biden took office in January 2021.
However, public resolution agreements and a database indicate that the Biden-era OCR was actively resolving disability-related complaints during that period. The Trump administration has yet to announce any case resolutions this year, raising questions about the office’s progress in addressing pending complaints.
School-based discrimination complaints have been steadily increasing in recent years. In fiscal year 2024, the Education Department received the highest volume of complaints in its history. The agency’s latest annual report highlights a "marked proliferation of reported hate incidents in schools" amid widespread protests related to the Israel-Hamas war.
Despite the rise in other types of discrimination complaints, cases related to people with disabilities consistently account for the majority of the OCR’s caseload, typically ranging from 50 to 60 percent.
Lhamon shared examples of cases handled during her tenure, including one involving a blind parent who required the school district to relocate the bus drop-off location for safe pick-up of their children. Another case involved a school attempting to restrict a kindergartner’s use of a wheelchair. Additionally, a school district faced investigation for imposing an arbitrary cap on the number of students with disabilities it would accept annually.
Federal law guarantees students with disabilities a "free and appropriate" public education. Schools are obligated to adequately meet the needs of these students to enable them to learn alongside their peers.
Families lacking the resources to pursue costly lawsuits often rely on the Education Department to intervene when schools fail to provide appropriate accommodations. Marshall emphasized that members of her organization regularly utilize the OCR to address these issues.
For students with disabilities, timely intervention is critical. A prompt federal response can be the determining factor in whether a student returns to school promptly or experiences prolonged absence and educational disruption.
Li stressed that when students are denied necessary accommodations, they are unable to access educational materials, posing a significant problem that demands swift resolution.
In recent weeks, the Trump administration has initiated several new civil rights cases, signaling a potential shift in its approach to enforcing discrimination prevention in schools.
A Denver school district is currently under investigation for having a gender-neutral bathroom. Ivy League colleges are facing reviews over allegations of antisemitism. Furthermore, Maine’s state department of education is the subject of a new probe concerning the participation of transgender athletes in school sports. This investigation commenced shortly after a highly publicized dispute between the president and Maine’s Democratic governor on the issue.
The future of the Office for Civil Rights remains uncertain. The OCR has long struggled with understaffing relative to its workload, resulting in a substantial backlog of cases. Lhamon reported that numerous staffers accepted recent buyouts offered by the Trump administration. Additionally, some employees were placed on paid leave for participating in diversity, equity, and inclusion (DEI) trainings, with emails obtained by USA TODAY revealing that Education Department leaders during Trump’s first term had encouraged the training that led to the suspensions.
Trump has repeatedly threatened to dismantle the Education Department entirely, although his authority to do so is limited. Congressional lawmakers have proposed legislation, inspired by Project 2025, a conservative blueprint for Trump’s presidency, to restructure the OCR. The proposal involves transferring part of the office to the Justice Department and shifting disability rights enforcement to the Department of Health and Human Services.
Linda McMahon, Trump’s nominee for Education secretary, expressed openness to these ideas during her confirmation hearing. She suggested that federal protections for students with disabilities might be better served within HHS, although she acknowledged a lack of certainty on the matter.
While McMahon assured that funding for students with disabilities would not be affected by plans to dismantle the Education Department, critics argue that a significant reshuffling would cause delays and disruptions that students who are already struggling cannot afford.
Dan Stewart, the managing attorney for education and employment at the National Disability Rights Network, expressed concern about a "snowball effect" stemming from the current turmoil. He warned that increased chaos, uncertainty, and potential staff layoffs would hinder the processing of complaints and delay answers for parents and children.
