Trump moves special ed and civil rights oversight out of Education Department
7 verified6 unconfirmed
The Trump administration announced on Tuesday that it will transfer much of the responsibility for special education and civil rights enforcement from the U.S. Department of Education to other federal agencies. The Office of Special Education and Rehabilitative Services (OSERS), which oversees programs for students with disabilities under the Individuals with Disabilities Education Act (IDEA), will move to the Department of Health and Human Services (HHS). Meanwhile, the Office for Civil Rights (OCR), which investigates discrimination complaints in schools, will shift to the Department of Justice (DOJ). Education Secretary Linda McMahon characterized the moves as partnerships intended to strengthen outcomes and enforcement. Critics, including disability advocates and Democratic lawmakers, argued the changes would disrupt services for vulnerable students and create confusion for families. The administration has previously transferred other Education Department functions to the Department of Labor and other agencies as part of President Donald Trump’s promise to close the department.
What’s verified
The Trump administration announced on June 16, 2026, that it will move oversight of special education programs (OSERS) to the Department of Health and Human Services and civil rights enforcement (OCR) to the Department of Justice.
The Office of Special Education and Rehabilitative Services administers the Individuals with Disabilities Education Act (IDEA), which guarantees disabled students a free and appropriate public education.
The Office for Civil Rights investigates complaints of discrimination based on disability, race, sex, and national origin in schools and universities.
Education Secretary Linda McMahon stated the agreements align federal responsibilities with agencies best positioned to support students and ensure coordinated enforcement.
The administration has already shifted other Education Department functions to other agencies, including the Office of Elementary and Secondary Education to the Department of Labor.
Advocacy groups such as EdTrust and the Center for Learner Equity criticized the moves, saying they would harm traditionally underserved students and that HHS lacks education-specific expertise.
The Education Department will retain certain statutory responsibilities, such as issuing final civil rights determinations and managing IDEA grant leadership, because federal law requires it.
Not yet confirmed
One source reported that the administration previously moved three other offices in November 2025 without congressional consent, while another source noted 10 earlier interagency agreements had been made.
One source included details from Project 2025 proposing IDEA funding be converted to block grants distributed by HHS, and that the author of that section now works at the department.
One source quoted former OSERS employees and former OCR officials Catherine Lhamon and Kenneth Marcus offering contrasting views on the effectiveness of the transfers.
One source quoted Democratic lawmakers Sen. Patty Murray and Rep. Bobby Scott, as well as union president Rachel Gittleman, criticizing the moves.
One source reported that Education Secretary McMahon held listening sessions with families and advocates over six months, and that participants were united in opposing the shift of special education oversight.
It is unclear exactly how many current Education Department staff will be relocated or how the transfers will affect day-to-day operations.
Key figures
President Donald Trump
Linda McMahon, Secretary of Education
Kimberly Richey, Assistant Secretary for Civil Rights
Kelly Rogers, Acting Assistant Secretary for OSERS
Denise Forte, President and CEO of EdTrust
Denise Marshall, CEO of the Council of Parent Attorneys and Advocates (COPAA)
Chad Rummel, CEO of the Council for Exceptional Children (CEC)
Catherine Lhamon, former head of OCR under Presidents Obama and Biden
Kenneth Marcus, former head of OCR under President Trump
Jennifer Coco, Interim Executive Director of the Center for Learner Equity
Rep. Bobby Scott, D-Va.
Sen. Patty Murray, D-Wash.
Rachel Gittleman, president of the union representing Education Department employees
Sources: NPR, abcnews.com
