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During her June confirmation hearing, Kimberly Richey, who now leads the Office for Civil Rights at the U.S. Department of Education, said she鈥檇 always advocate for the office to have 鈥渢he resources and tools it needs to do its job.鈥�  

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鈥檚 鈥渞elieved these public servants are finally being allowed to return to work鈥� and that keeping them sidelined has 鈥渨asted more than $40 million in taxpayer funds.鈥� She accused McMahon of playing politics. 鈥淒epartment 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鈥檚 own making.鈥�

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鈥檚 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. 

鈥淭he department will continue to appeal the persistent and unceasing litigation disputes concerning the reductions in force,鈥� Julie Hartman, press secretary for legal affairs, said in a statement. 鈥淏ut in the meantime, it will utilize all employees currently being compensated by American taxpayers.鈥�

鈥楧rastically reduced staffing鈥櫬�

The department鈥檚 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. 

鈥淵ou hope that you鈥檙e just cutting fat,鈥� McMahon testified. 鈥淪ometimes you cut a little in the muscle.鈥� 

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鈥檚 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 鈥渢he agency determined they are an asset to the workforce.鈥� 

Last week鈥檚 development is further evidence that 鈥渢he federal government cannot fulfill its civil rights mandate to students with such drastically reduced staffing,鈥� 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. 鈥淲e have not had any movement on our cases nor have we even heard where they鈥檝e been assigned, demonstrating that the caseloads are too big for the reduced staff to manage.鈥�

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.聽

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鈥檝e 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鈥檚 work, suggested that Richey has contributed to the sense that 鈥渢hings are moving forward.鈥�

Callie Oettinger, who publishes , a blog, highlighted Richey鈥檚 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 鈥渃ommitted to vigorous enforcement.鈥�

鈥淭his is not the language of an agency sunsetting a program,鈥� Oettinger wrote. She told 社区黑料 she found Richey鈥檚 video 鈥渁 breath of fresh air, passionate and positive.鈥� 

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

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