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The Senate confirmed Kimberly Richey as the next assistant secretary for civil rights at the U.S. Department of Education in a 51-47 vote along party lines late Tuesday afternoon. The approval came as part of a resolution allowing senators to consider for confirmation Richey and over 100 other federal nominees at once.
Richey served as acting assistant secretary at the Education Department under the first Trump administration — first for the Office of Special Education and Rehabilitative Services and then for the Office for Civil Rights — and also worked at OCR under the George W. Bush administration.
Her approval had been nothing short of expected, considering the slight Republican majority in the Senate and President Donald Trump’s nomination in February to head the Education Department’s civil rights arm.
As assistant secretary of OCR, Richey will be responsible for overseeing investigations into alleged civil rights complaints, protecting all students’ civil rights, and drafting and implementing civil rights regulations, including but not limited to Title IX, Title VI and Section 504.
She was confirmed to steer a ship that is functioning at half of its previous capacity, with OCR down to five out of 12 of its offices. She faces a backlog of over 12,000 open investigations and more than 25,000 complaints, and a pared down staff as a result of Trump and U.S. Education Secretary Linda McMahon’s efforts to wind down the department.
She’s also entering the office as the Education Department is embroiled in a lawsuit that, until recently, required OCR be restored to its previous capacity by returning laid off workers to their jobs. Just as the Education Department began returning OCR staffers back to the job in waves, the federal district court order requiring its restoration was overturned in September by the 1st U.S. Circuit Court of Appeals.
The Education Department, most of whose staff is furloughed as part of the government shutdown, has not responded to K-12 Dive’s requests about what that means for the over 80 staffers who had already returned to their old posts.
Before the Senate’s Health, Education Labor and Pensions Committee confirmed Richey’s nomination in June, Sen. Patty Murray, D-Wash., shared that attorneys at OCR are juggling on average 115 cases, more than double the previously reported caseload of 42 cases per person.
Richey said she would “always advocate for OCR to have the resources to do its job.” However, she dodged questions about whether OCR, under Trump’s first administration, had enough resources to do its job.
“I’m going to have to be really strategic if I’m confirmed, stepping into this role, helping come up with a plan where we can address these challenges,” she said about OCR’s reduced resources under the current administration.
Among her first steps, Richey said, would be to evaluate the current caseload and determine where complaints stand in their investigative timelines. She would also examine the staff distribution and organizational structure of OCR, she said.
Richey said that rather than put certain investigations on pause, as has been the case under the second Trump administration, she would prioritize all complaints that fall at OCR’s footsteps.
After the mass layoffs at the agency that left OCR gutted along with other department offices, the Education Department told K-12 Dive in March that OCR was undergoing organizational changes and said it would deliver on its statutory responsibilities.
