Updated: 14 Jul 2026
Changes to enforcement and priorities impact students.
SHIFTING PRIORITIES: As new administrations take office, it is normal for priorities to shift. Over the past year, however, the system established to address inequities and protect those who have been discriminated against has been radically altered – the Office for Civil RIghts' (OCR) budget and staffing have been slashed, and its priorities have profoundly changed via a flurry of Executive Orders, guidance, and the types of investigations and resolutions launched against schools and institutions.
4
Executive Orders issued in the past year targeting DEI in public and private sectors
6
Title IX resolution agreements rescinded by OCR, affecting 5 school districts and 1 college
36
Illinois school districts under DOJ investigation over SOGI content
0
Cases resolved by USED's OCR involving racial discrimination or sexual harassment (2025)
Impact
While federal agencies have an important role in investigating potential legal violations, DOJ’s process for Sexual Orientation and Gender Identity (SOGI) investigations has led to concerns, including limited availability of public information on why these investigations were initiated. This lack of transparency reflects broader concerns about the degree to which the administration is interpreting and enforcing civil rights laws through executive action and/or exceeding established legal parameters.
The influx of non-standard Executive Orders, guidance, and subsequent lawsuits clarifying where/whether such orders and guidance may exceed legal precedent and/or administrative process and authority, creates confusion in the field regarding allowable actions. Some institutions have responded by over-complying—eliminating programs before getting clear information about what is allowable under new standards to avoid an investigation that may impact funding.
Title IX agreements protect students who have been discriminated against on the basis of their gender identity. The cancellation of existing agreements means that the involved schools will no longer need to engage in targeted training or receive guidance on supporting students supporting students.
Illinois Response
- In response to Executive Order 14281 eliminating a standard that strives to ensure individuals are not being disadvantaged solely because of their membership in a racial, ethnic, or other group, Illinois passed SB3777, codifying disparate impact as a valid avenue for civil rights remediation in the state across all articles of the Illinois Human Rights Act.
Possible Federal Action:
- Congress may use its oversight power to evaluate the processes and priorities of the Office for Civil Rights and ensure the office is fulfilling its duties.
Possible State Action:
- State leaders should support institutions by providing clear guidance on what is and is not allowable under new Executive Orders, where EOs may exceed the law, where EOs are being challenged, and guidance and work with institutions to prevent over-compliance.
ENFORCEMENT: Civil rights enforcement in schools has changed dramatically due to mass layoffs, office closures, shifting priorities, and the increased involvement of the Department of Justice in education investigations.
90%
Of resolved OCR cases dismissed with no investigation, vs. 49–81% historically
112
OCR resolution agreements in 2025, a 78% decline from 507 in 2024
0
Cases resolved for students in Illinois and 15 other states in 2025
Impact
Families use OCR as the final backstop for protecting their children’s civil rights. When OCR is not appropriately investigating or resolving cases, a student’s access to a safe education may be jeopardized.
Possible Federal Action:
- Congress could instruct OCR to judiciously address all complaint types and maintain existing agreements that were reached after thorough investigations.
- Congress could use its oversight power to investigate the concerning metrics coming from OCR.
Possible State Action:
- The Illinois General Assembly should consider codifying civil rights protections from pre-2025, such as protections granted under Section 504 of the Rehabilitation Act of 1973, which ensure that students with disabilities have a right to a free and appropriate public education.
- Through investments in relevant offices, Illinois leaders could expand the state’s capacity to monitor, investigate, and resolve discrimination complaints if/as federal enforcement mechanisms fail.
Learn how federal changes are impacting Illinois school communities
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