Trump Administration Moves Special Ed, Civil Rights Out of Education Dept
The Education Department will hand off special education programs to HHS and civil rights enforcement to the DOJ, the latest step in Trump’s push to dismantle the agency.
WASHINGTON, D.C. — The U.S. Department of Education announced Tuesday, June 16, 2026, that it will transfer its special education programs and civil rights enforcement functions to other federal agencies, marking a significant step in President Donald Trump’s effort to dismantle the 46-year-old department.
Special Education Programs Moving to HHS
The Department of Health and Human Services will take over administration of programs currently run by the Education Department’s Office of Special Education and Rehabilitative Services, known as OSERS. Civil rights enforcement handled by the Education Department’s Office for Civil Rights, known as OCR, will shift to the Department of Justice.
The Education Department stated in fact sheets accompanying the announcement that it “will continue to perform all statutorily required duties and responsibilities” under the new interagency agreements. A senior department official said on a background call with reporters that OSERS “will maintain its independent statutory functions without interruption.”
Part of a Broader Dismantling Strategy
Tuesday’s announcement follows 10 earlier interagency agreements the Education Department has already reached with the departments of Labor, Health and Human Services, Interior, State, and Treasury, transferring several of Education’s responsibilities to those agencies. The latest agreements represent an acceleration of the administration’s goal of scaling back the federal role in education.
U.S. Education Secretary Linda McMahon framed the transfers as a move toward more effective federal oversight. “The Trump Administration has been clear: as we scale back federal micromanagement when it hinders success, we are equally committed to bolstering the efficacy of federal oversight where it is essential,” McMahon said in a statement Tuesday.
Trump has repeatedly called for returning control of education “back to the states,” even as the bulk of school oversight and funding already occurs at the state and local levels.
Congressional Authority Remains a Legal Hurdle
Despite the administration’s moves, legal experts and lawmakers have noted that Congress created the Department of Education and only Congress holds the authority to formally abolish it. The administration’s strategy of transferring functions through interagency agreements has drawn scrutiny from critics who argue the moves circumvent legislative authority.
The Education Department was established 46 years ago and oversees federal education policy, funding, and civil rights protections for students across the country, including those with disabilities served under OSERS programs. Families, educators, and disability rights advocates in Georgia and across the nation have raised concerns about what the restructuring could mean for students who rely on federally mandated special education services, according to reporting by the Georgia Recorder.
