Here’s what you need to know this week:

• Enforcement is moving faster than ever. OCR’s swift investigation and referral to DOJ in the Maine case may become the new normal.
• The Department of Education (ED) is going beyond its own rules. In Maine, OCR took dual action—both DOJ referral and an administrative proceeding—despite new limits in its own Case Processing Manual (CPM).
• A temporary legal pause is buying states time. Last week, a federal court halted the enforcement of the ED’s certification directive, offering a window of relief—but only until April 24.

Let’s break it down…

Why Maine Matters: A New Era of Enforcement

In just seven weeks, the ED moved from launching a directed investigation into the Maine Department of Education (MDOE) to initiating serious enforcement actions:

• Feb 21: OCR begins a directed investigation into MDOE.
• Mar 19: OCR finds MDOE in noncompliance and offers a resolution agreement. MDOE declines.
• Apr 11: ED refers the case to DOJ and initiates an administrative proceeding to end federal funding.

This timeline is extremely fast and shows how this administration is using directed investigations + quick findings + limited negotiation windows to escalate enforcement.

But What About the Case Processing Manual (CPM)?

OCR updated its CPM on February 19 “to ensure investigations are conducted efficiently and no longer impose undue evidentiary burdens on both recipients and OCR staff” and to increase the use of mediation and the expedited case processing approach known as rapid resolution to address complaints.

When OCR is unable to negotiate a resolution agreement with a school, it will initiate enforcement action. The CPM outlines two enforcement routes:

• Administrative proceedings to cut off funding, or
• Referral to DOJ for legal action.

But in the Maine case, ED is doing both. This dual-path enforcement appears to contradict their own guidance and suggests a more aggressive stance than what districts may be prepared to navigate.
The takeaway: The Maine case likely serves as a template for how OCR and ED will approach other investigations moving forward.

This administration is likely to continue:

• Launching targeted investigations
• Requiring fast responses to resolution agreements
• Escalating quickly to DOJ or administrative actions (or both)

Temporary Halt on ED Certification Directive

There’s some short-term relief.

On April 5, a federal court temporarily halted enforcement of the ED’s controversial certification directive. The order prevents ED from implementing its directive at least until April 24, giving states and districts a bit more time to plan, respond, or challenge.

The lawsuit—led by several states and the ACLU—argues that the directive exceeded ED’s authority and created confusion about what schools must certify regarding civil rights compliance.

The Takeaway: If you were scrambling to meet the certification directive, pause—but don’t stop. Use this window to evaluate your policies, documentation, and process readiness. This may be a temporary delay, not a permanent reprieve.

Need guidance on how to respond—or prepare—for increased enforcement? Let’s talk through your next steps—reach out to our team today.