The Trump administration on Tuesday transferred oversight of the nation’s special education programs and civil rights enforcement in schools to the Department of Health and Human Services and the Department of Justice, respectively, marking the latest step in its push to dismantle the Education Department.
Why did the Education Department transfer these functions?
Education Secretary Linda McMahon, a former CEO of World Wrestling Entertainment, announced the agreements as part of the administration’s broader effort to reduce federal oversight in education. According to a written statement, the moves align responsibilities with agencies “best positioned” to support them.
President Donald Trump has repeatedly called for shutting down the Education Department, arguing it should be “moved back to the states.” While Congress alone can eliminate the department, McMahon has used internal agreements to delegate much of its work to other agencies.
Which offices are affected and what do they do?
The Office of Special Education and Rehabilitative Services, which manages billions in grants and enforces the Individuals with Disabilities Education Act (IDEA), will now be overseen by the Department of Health and Human Services. The Office for Civil Rights, which investigates discrimination complaints in schools, will shift to the Department of Justice.
While the Justice Department and HHS will handle day-to-day operations, the Education Department will retain limited roles, such as responding to audits and issuing final determinations in civil rights cases, as required by law.
What concerns do advocates and lawmakers have?
Critics warn the changes could create uncertainty for millions of students and families, particularly those with disabilities and students of color. EdTrust, a D.C.-based think tank, stated in a written response that traditionally underserved groups—including Black and Latino students, multilingual learners, and those in rural areas—will bear the greatest burden.
Rep. Bobby Scott (D-Va.), ranking member of the House Education Committee, called the move a political decision aimed at fulfilling Trump’s campaign promise. Sen. Patty Murray (D-Wash.) argued the transfers scatter programs to agencies without the necessary expertise, while Rachel Gittleman, president of the union representing Education Department employees, said the changes will leave vulnerable students without protections.
Why are disability advocates opposed to the special education transfer?
Disability rights groups argue that Health and Human Services lacks the expertise to oversee special education programs, which focus on equipping students to learn alongside peers—not medical treatment. Jennifer Coco, interim executive director of the Center for Learner Equity, said the transfer risks misalignment in terminology, training, and disciplines between health and education systems.
McMahon held six months of listening sessions with families and advocates, but participants unanimously opposed moving special education oversight out of the Education Department, according to Coco. “We have stark disagreement on the solution,” she said.
What could happen next?
Legal challenges may arise, as critics argue the transfers could violate federal law by weakening protections for students. The Education Department’s Office for Civil Rights, already reduced by layoffs, could face further strain under the Justice Department’s oversight. Families and schools may struggle with fragmented communication as responsibilities shift between agencies.
Analysts expect Congress to monitor the changes closely, particularly if inequities worsen for marginalized students. The Education Department’s role in responding to audits and final determinations could also become a focal point for oversight.
