Through its Office for Civil Rights, the Education Department conducts investigations and issues guidance on how civil rights laws should be applied, such as for LGBTQ+ students and students of color. The office also oversees a large data collection project that tracks disparities in resources, course access and discipline for students of different racial and socioeconomic groups.
Trump has suggested a different interpretation of the office’s civil rights role. Under his administration, the department has instructed the office to prioritize complaints of antisemitism above all else and has opened investigations into colleges and school sports leagues for allowing transgender athletes to compete on women’s teams.
In his campaign platform, Trump said he would pursue civil rights cases to ‘’stop schools from discriminating on the basis of race.‘’ He has described diversity and equity policies in education as ‘’explicit unlawful discrimination.‘’ His administration has launched investigations of dozens of colleges for alleged racial discrimination.
Trump also has pledged to exclude transgender students from Title IX protections, which affect school policies on students' use of pronouns, bathrooms and locker rooms. Originally passed in 1972, Title IX was first used as a women’s rights law. Last year, Biden’s administration said the law forbids discrimination based on gender identity and sexual orientation, but a federal judge undid those protections.
While the Education Department does not directly accredit colleges and universities, it oversees the system by reviewing all federally recognized accrediting agencies. Institutions of higher education must be accredited to gain access to federal money for student financial aid.