Education Powers Shift
Education Department Transfers Special Education and Civil Rights Enforcement to Other Agencies
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The Trump administration is breaking up two of the Education Department's most vital functions. The Justice Department will take over civil rights enforcement in schools, and the Department of Health and Human Services will absorb special education oversight, according to Newsday.
The shift, announced June 16, 2026, is part of a broader plan to dismantle the Department of Education without a vote in Congress. The administration has now struck 14 interagency agreements to move the agency's work to other departments — effectively gutting it piece by piece.
Civil Rights Complaints Now Go Through DOJ, Not ED
The Education Department's Office for Civil Rights handles discrimination complaints based on race, sex, religion, and disability. Families have long used it to resolve school disputes without hiring a lawyer or filing a lawsuit. That administrative path is now going away. The Justice Department — a law enforcement agency — will take over those cases, Stamford Advocate reported.
Harmeet Dhillon, the Trump-appointed head of the DOJ Civil Rights Division, will oversee the new process. Critics warn the shift ends the "disparate impact" standard — a legal tool used to challenge school policies that disproportionately harm Black and Latino students, even without proof of intent. Kim Richey, the assistant secretary for civil rights, defended the move as a way to ensure "stronger, more coordinated civil rights enforcement."
7.5 Million Students With Disabilities Face Uncertain Oversight
The Individuals with Disabilities Education Act, known as IDEA, guarantees a free education to 7.5 million students with disabilities. The $15 billion in annual funding tied to that law will now be managed by HHS, not educators. Advocates say this treats disabled children as medical patients rather than students who belong in classrooms.
Katy Neas, CEO of The Arc, a major disability rights group, said "students with disabilities don't experience school in agency silos." She warned that splitting oversight across HHS, Labor, and other agencies will create a confusing patchwork of rules. Other agencies already involved in special education include the Labor Department, the State Department, and the Interior Department.
Congress Bypassed as 14 Agreements Quietly Shift Power
Closing the Department of Education requires an act of Congress. The administration does not have the votes to do it. Instead, it has used interagency agreements — internal government deals — to move staff, money, and legal authority to other agencies. President Trump signed an executive order in March 2025 directing the Education Secretary to begin the process.
More than 1,300 Education Department staff have been fired or resigned since the reorganization started. Secretary of Education Linda McMahon called the moves a way to "scale back federal micromanagement." Lindsey Burke, a top department official and author of the Project 2025 education blueprint, called the department a "costly failure" and said returning power to states "empowers families."
Critics Warn Families Will Pay the Price for This Split
Civil rights groups and disability advocates say the real cost falls on vulnerable families. Splitting oversight of special education across multiple agencies means parents may not know where to turn when schools fail their children. The administrative complaint process — a simpler, cheaper option than going to court — may no longer exist in a meaningful way, according to Yahoo News.
Lawsuits are already being filed to block the changes. But a 2026 Ninth Circuit ruling suggests courts may give the administration wide leeway to reorganize agencies on its own. Meanwhile, student privacy rules under FERPA — the law protecting school records — are also moving to the DOJ, putting student data oversight inside a law enforcement agency.
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