The U.S. Senate confirmed Kimberly Richey as the next Assistant Secretary for Civil Rights at the Department of Education in a 51–47 vote along party lines. The confirmation took place on Tuesday afternoon as part of a resolution that grouped over a hundred federal nominees for approval. With the Senate’s slight Republican majority, Richey’s appointment, nominated by former President Donald Trump in February, came as no surprise.

A Familiar Face in Education Leadership

Richey is not new to the Department of Education. She previously served as acting assistant secretary for both the Office of Special Education and Rehabilitative Services and the Office for Civil Rights (OCR) under the first Trump administration. Her earlier experience also includes serving in the OCR during the George W. Bush era. This history gives her a strong understanding of the department’s internal operations and long-standing civil rights challenges.

Steering a Department Under Strain

Taking charge of OCR is no easy task. The office is currently operating at less than half its original capacity, with only five out of twelve offices active. It faces a backlog of over 12,000 open investigations and more than 25,000 pending complaints. Years of staff cuts under Trump and Education Secretary Linda McMahon have left the office stretched thin.

Richey now inherits the responsibility of rebuilding a department struggling to meet its mandate of ensuring civil rights protections for all students under laws like Title IX, Title VI, and Section 504.

Legal Challenges and Resource Constraints

The OCR’s challenges are not limited to staffing. The department is also involved in a lawsuit that once required it to restore laid-off employees to their previous positions. Although a federal court initially ruled in favor of restoration, the 1st U.S. Circuit Court of Appeals overturned that decision in September, adding more uncertainty to an already difficult situation.

Meanwhile, much of the Education Department remains furloughed due to the ongoing government shutdown, and officials have not clarified what this means for the 80 staff members who had recently returned to their posts.

Rising Workload and Richey’s Strategy

Before her confirmation, Senator Patty Murray from Washington shared that OCR attorneys were managing an average of 115 cases each, more than double the earlier caseload of 42. This workload highlights the depth of the crisis Richey is stepping into.

During her confirmation hearings, Richey stated that she would “always advocate for OCR to have the resources to do its job.” She avoided commenting on whether the department had adequate resources under the previous administration, instead promising to take a strategic approach. Her first priorities include assessing the current caseload, reviewing the timeline of open investigations, and evaluating how staff are distributed across regions.

A Renewed Commitment to Civil Rights Oversight

Richey has said that she does not plan to pause any investigations. Instead, she intends to prioritize all incoming complaints and ensure that each one receives fair attention. Following mass layoffs and structural changes, her leadership marks a turning point for OCR’s future direction.

Her challenge is clear: rebuild trust, restore capacity, and ensure that every student’s civil rights are protected, no matter how complex or crowded the docket may be.