Those resources apparently include the more than 250 OCR employees that Education Secretary Linda McMahon has been trying to fire since March. 

Three weeks after Richey was sworn in, the department is telling laid-off staff to report by Dec. 15 to temporarily work through a backlog of civil rights complaints, according to an email sent out Friday. 

In a Monday statement, Rachel Gittleman, president of the American Federation of Government Employees Local 252, which represents department staff, said she’s “relieved these public servants are finally being allowed to return to work” and that keeping them sidelined has “wasted more than $40 million in taxpayer funds.” She accused McMahon of playing politics. “Department leadership allowed a massive backlog of civil rights complaints to grow, and now expects these same employees to clean up a crisis entirely of the Department’s own making.”

OCR has complaints to work through. In federal court updates as part of over the cuts, officials said that they were dismissing the majority of the complaints filed since the March layoffs. shows that staff have resolved 165 cases this year, but that’s well below previous years. 

The call back to work is the latest twist in a legal saga that has been a rollercoaster both for OCR employees and families waiting for action on their complaints. In October, a allowed the department to move forward with the layoffs as the lawsuit challenging them continues. Now, with the possibility that they could still ultimately lose their jobs, the attorneys, investigators and other OCR staff members must get back to work. 

“The department will continue to appeal the persistent and unceasing litigation disputes concerning the reductions in force,” Julie Hartman, press secretary for legal affairs, said in a statement. “But in the meantime, it will utilize all employees currently being compensated by American taxpayers.”

‘Drastically reduced staffing’ 

The department’s admission that it needs help to carry out its legal obligations is at least the third time officials have recalled staff after eliminating them. In May, a House appropriations subcommittee that she had rehired 74 people. 

“You hope that you’re just cutting fat,” McMahon testified. “Sometimes you cut a little in the muscle.” 

In August, the department brought back employees, placed on leave in late January. Many had on diversity, equity and inclusion during the first Trump administration, an activity that made them a target for the administration’s aggressive anti-DEI agenda. While the union filed for arbitration to challenge the firings, Madison Biederman, a spokeswoman for the department said the staffers were recalled because “the agency determined they are an asset to the workforce.” 

Last week’s development is further evidence that “the federal government cannot fulfill its civil rights mandate to students with such drastically reduced staffing,” said Amanda Walsh, deputy director of external affairs for the Victim Rights Law Center, a legal advocacy group that sued over the cuts to OCR. The organization represents victims of sexual assault. “We have not had any movement on our cases nor have we even heard where they’ve been assigned, demonstrating that the caseloads are too big for the reduced staff to manage.”

In March, the department shuttered seven of the 12 OCR regional offices, and during the government shutdown, tried to lay off another 137 OCR staffers. A the layoffs, and the agreement to reopen the government forced the secretary to bring the employees back to work, at least until the end of January. 

The Individuals with Disabilities Education Act, or IDEA, opened doors that were once firmly shut for students with disabilities.

As we celebrate the 50th anniversary of the IDEA, we reflect on how far we’ve come, and the work yet to do, to protect students with disabilities.

— U.S. Department of Education (@usedgov)

One advocate for students with disabilities, whose cases make up the bulk of OCR’s work, suggested that Richey has contributed to the sense that “things are moving forward.”

Callie Oettinger, who publishes , a blog, highlighted Richey’s recent marking the 50th anniversary of the Individuals with Disabilities Education Act. Along with leading OCR, Richey is serving as acting assistant secretary for the office that oversees special education. Both offices, she said in an accompanying video, are “committed to vigorous enforcement.”

“This is not the language of an agency sunsetting a program,” Oettinger wrote. She told �鶹��Ʒ she found Richey’s video “a breath of fresh air, passionate and positive.” 

The department did not say whether recalling the staff was Richey’s idea. But one current OCR staff member, who asked to remain anonymous to avoid retribution, said “she seems interested in us doing our work.”

The committee also voted to move the nomination of Kimberly Richey to lead the Office for Civil Rights. A conservative civil rights lawyer, Richey served in the second Bush and first Trump administrations.

The votes for both nominees fell along strict party lines, 12 to 11. 

“These nominees are crucial to enacting President Trump’s pro-America agenda,” Republican Sen. Bill Cassidy, who chairs the committee, said in a statement.

With the Senate focused on passing President Donald Trump’s tax bill and roughly 200 nominations awaiting a vote, it could be several weeks before both are confirmed.

Schwinn would oversee K-12 policy. During a June confirmation hearing, she expressed support for a more hands-off approach from Washington while also strengthening reading instruction based on science.

A week after the hearing, she participated in at a Nashville charter school with Education Secretary Linda McMahon to promote one of the Trump administration’s top priorities — school choice. The visit came as the department has increased funding for charters while proposing over $4 billion in cuts to other programs. 

If confirmed, Richey would take over a civil rights office with a much leaner staff following mass firings in March and recommendations from McMahon for further reductions. She vowed to continue the department’s actions against schools that permit antisemitic demonstrations and allow trans students to use facilities or compete in sports consistent with their gender identity. 

Those views have drawn opposition to her nomination from civil rights groups that advocate for LGBTQ students. In advance of Thursday’s vote, the Leadership Conference on Civil and Human Rights, along with 45 other organizations, sent senators saying Richey “has not demonstrated a willingness and ability to enforce civil rights law and protect all students in our country from discrimination.”

Some hope she’ll prioritize disability complaints. As acting assistant secretary for civil rights during the pandemic, she into districts that failed to provide students with disabilities services written into their individual education programs.  

“She was responsive during the first Trump term and pushed through the COVID complaints,” said Callie Oettinger, a special education advocate in Fairfax County, Virginia.

‘She has Linda McMahon’s ear’

While Richey’s track record fits squarely within the Trump administration’s ultra-conservative agenda, many education insiders view Schwinn as a moderate who largely avoided culture war clashes while holding schools and students accountable for progress in reading. 

Unlike McMahon, Schwinn has always worked in education. The California native founded a charter school in Sacramento in 2011 and held top positions in Delaware and Texas before Tennessee Gov. Bill Lee appointed her commissioner in 2019. 

“Penny has the strongest literacy chops of any state supe I’ve known, and she has Linda McMahon’s ear and trust,” said Robert Pondiscio, a senior fellow at the conservative American Enterprise Institute. 

But tends to follow her. Under her leadership in Tennessee, was higher than normal. Conservatives who calling on senators not to confirm Schwinn argue that she holds progressive views on educational equity and proposed an unpopular effort to conduct “well-being” checks on students during the pandemic. 

Others question her judgement, pointing to incidents in which and directed no-bid contracts to companies where Schwinn had personal connections, including her husband, Paul Schwinn.

But those complaints didn’t sway Republicans on the committee, and Pondiscio dismissed the backlash to Schwinn as “B.S.” In a February commentary, he that her “conservative critics want a culture warrior, not an administrator focused on competent governance and delivering results.”

���’s who hope her confirmation brings more attention to core education issues.
“If you see the secretary spending her time on curriculum and instruction,” he said, “that will be Penny’s thumbprint.”