Why We Are Suing the Department of Education

Department of – Misryoum reports on a lawsuit over missing civil-rights investigation data—what families lose when FOIA and transparency fail.
Every Tuesday, the U.S. Department of Education maintained a publicly accessible list of schools and colleges it was investigating for potential civil-rights violations—an accountability tool that let parents, reporters, and watchdogs follow enforcement in near real time.
That routine ended in practice when, days before the Jan.. 20, 2025 inauguration, the online updates stopped.. For the public, the result is simple and stark: the tracker appears frozen, as if the process paused without explanation.. For journalists who once used the data to pursue leads and verify claims. the gap is not a technical inconvenience—it’s a loss of visibility into how federal civil-rights enforcement is being prioritized.
A transparency system that stopped moving
For years. the Office for Civil Rights relied on civil-rights investigations to address discrimination tied to disability. race. national origin. and sex.. The weekly list served as more than a record; it was a way to detect patterns—what kinds of complaints were triggering action. and where enforcement was taking place.. Misryoum describes how reporters used those entries to respond to tips about specific districts and to investigate whether the government’s enforcement posture was shifting.
According to Misryoum. in early 2025 reporters sought answers directly from new Department leadership and submitted Freedom of Information Act requests for records about investigations. agreements with universities and school districts. and communications with outside groups.. The problem. as portrayed in Misryoum’s reporting. is that while the department sometimes issues press releases about select cases. much of the work appears to remain difficult to track.. Even when the public requests information, records can be delayed or not produced.
The lawsuit filed by ProPublica—covering a period after the first reported effort to obtain answers—centers on the lack of timely responses.. Misryoum reports that by late February 2026. after months of follow-up and repeated requests. the Department had not produced a single record sought through the initial FOIA effort. prompting litigation.. In a court filing, the department argued it was still evaluating requests and searching for potentially responsive documents.
Why access to records matters in education
The most consequential issue isn’t only whether complaints are investigated; it’s whether the public can find out what the government is doing.. When information is hard to access. families and advocates are left to operate on rumor. partial announcements. or press releases that may not capture the full scope of enforcement.. Misryoum’s reporting emphasizes that without a transparent process for tracking terminations and compliance decisions. the government’s civil-rights enforcement may be occurring out of public view.
One example highlighted by Misryoum involves resolution agreements—formal settlements designed to require schools or districts to address civil-rights violations.. Misryoum reports that the Department sometimes terminates these agreements. while providing limited public documentation about whether the original commitments remain in effect.. In the Washington sixth-grade case described by Misryoum. the department ruled in 2024 that bullying based on race and sex constituted a civil-rights violation and prompted an agreement.. Later. the department ended the agreement. issuing a press release. but Misryoum says there was no indication in the online database that the original settlement was no longer active. and there was no sign of the change in the public tracking system.
For parents and educators. this matters because a resolution agreement is not just paperwork—it can shape what a school must do. how it monitors behavior. and what protections students receive.. If that status changes without clear public notice, affected communities can be deprived of both knowledge and leverage.
How the missing data changes accountability
Misryoum also points to the broader role of civil-rights data in investigative reporting.. The Department’s Civil Rights Data Collection. for example. has been used to identify outliers—systems where discipline and arrests occur at unusually high levels.. Misryoum reports that Cohen and Smith Richards used earlier data to examine a district in Illinois with the highest rate of student arrests and found evidence suggesting the arrest volume was driven by one school’s practices during the 2017–18 academic year.
But Misryoum notes that the most recent publicly available data on the department’s website dates to 2020–21. during the pandemic’s peak disruption.. When new information isn’t released—or when it cannot be reliably accessed—the public loses the ability to compare trends. identify emerging harms. and evaluate whether policy changes are improving outcomes.
The stakes extend beyond investigations and data releases.. Misryoum describes a legal pressure point that reporters face across administrations: FOIA offices can become overwhelmed. and requests can appear to move slowly or inconsistently.. Misryoum further reports that layoffs across the federal government have hit FOIA operations particularly hard. contributing to delays that can outlast the news cycle.
A lawsuit as a pressure mechanism, not a shortcut
Suing a federal agency is not a preferred option for most newsrooms.. It is expensive, time consuming, and often produces records on a timeline far longer than editors want.. Misryoum frames the decision as a practical last resort when repeated requests fail to yield answers.. The article describes Misryoum’s own experience with a separate FOIA-related lawsuit involving the Department of Veterans Affairs and Agent Orange records. where records arrived in fragments over years and the case did not conclude until 2021.
Misryoum also places this education dispute in a wider pattern: reporters and watchdogs have litigated against agencies including the FDA. the IRS. and the Department of Health and Human Services over delayed or withheld records. and have sought access to documents related to military court processes blocked by the Navy.. In Misryoum’s telling. this is a long-running tension between government record-keeping and public access—tension that becomes sharper when transparency tools stop updating.
What comes next for families and reporting
Misryoum reports that Cohen and Smith Richards filed another FOIA request in late March for what they described as “very basic information. ” with the department providing an expectation of a response more than 260 business days out.. Until records arrive. the public faces a gap: enforcement activity may be changing. but the mechanisms to verify those changes through accessible data remain impaired.
There is also the political question hanging over the dispute.. Misryoum notes that the Trump administration has signaled plans to shut down the Department of Education. making the timing and continuity of data releases uncertain.. If that policy path progresses, then the window for retrieving information about past enforcement and compliance decisions could narrow.
For civil-rights accountability, Misryoum’s central argument is that information belongs to the public.. When investigation lists freeze and FOIA responses stall. the burden shifts to families and journalists to piece together the story without the source data that once made oversight feasible.. Misryoum says the pursuit of records is ongoing—because when transparency fails. the risk is not only that wrongdoing goes undetected. but that communities lose the ability to understand how often government remedies are being changed. paused. or terminated.
Misryoum also calls on local readers to help document how the upheaval in public education is affecting schools and colleges in their communities—reflecting a belief that better reporting begins with better inputs, especially when official transparency is incomplete.