The department announced plans to return OCR staff in phases, with groups of employees rejoining the civil rights enforcement division every two weeks from September 8 through November 3. The restoration follows a federal judge's directive in Victim Rights Law Center v. U.S. Department of Education requiring the agency to return to "the status quo" to fulfill its legal obligations protecting students' civil rights.
Since the March layoffs, the Education Department has paid approximately $1 million weekly to keep the displaced OCR workers on administrative leave while they remained unable to perform their duties, according to the court filing submitted to the U.S. District Court for the District of Massachusetts on August 19.
The reinstatement comes amid ongoing litigation challenging the administration's decision to eliminate 1,300 positions across the Education Department, including the closure of seven of OCR's 12 regional offices. Judge Myong Joun issued the restoration order on June 18, citing the critical role OCR plays in protecting students from discrimination and ensuring equal access to education.
The case originated when two students who had filed civil rights complaints with OCR sued the department, arguing they "faced severe discrimination and harassment in school and were depending on the OCR to resolve their complaints so that they could attend public school," according to Joun's August 13 decision.
Despite a separate U.S. Supreme Court emergency order in New York v. McMahon that allowed broader layoffs across the Education Department to proceed, Judge Joun maintained his OCR-specific ruling. He emphasized that the students in the Victim Rights Law Center case face "unique harms that they have suffered due to the closure of the OCR."
The March reduction in force drew sharp criticism from civil rights organizations, education advocates, lawmakers, and policy experts who warned that gutting OCR would severely compromise the federal government's ability to enforce anti-discrimination laws in schools.
OCR serves as the primary federal mechanism for investigating complaints of discrimination based on race, sex, disability, and other protected characteristics in educational institutions receiving federal funding. The office also enforces Title IX regulations addressing sexual harassment and assault on college campuses.
The phased return of OCR staff represents a significant victory for advocates who argued that the agency's civil rights mission could not function with such drastic personnel reductions. However, questions remain about the broader Education Department restructuring as legal challenges continue in federal court.
