The Department of Education (ED) announced on Tuesday that it is transferring oversight of special education and civil rights to other agencies as part of the Trump administration’s goal of winding down the department.
Under the new interagency agreements (IAAs), the Department of Justice (DOJ) will take on civil rights in education, while the Department of Health and Human Services (HHS) will oversee special education, specifically upholding the Individuals with Disabilities Education Act (IDEA). The new partnerships are in addition to the ten other IAAS ED has entered into with other agencies as the department downsizes.
“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,” U.S. Secretary of Education Linda McMahon said in a statement.
“Through our partnership with HHS, we will align federal services with the goal of strengthening academic outcomes and supporting individuals with disabilities so that they can achieve greater independence, key life skills, and meaningful employment,” she continued. “The Department of Education will also team up with DOJ to ensure stronger, more coordinated civil rights enforcement and robust protections for student privacy. These agreements align federal responsibilities with the agencies best positioned to support them, strengthening the effectiveness and impact of critical services.”
ED said Secretary McMahon and her team participated in listening sessions with hundreds of parents, educators, state early intervention and special education directors, and advocates across the U.S. before entering into the partnership. The department said discussions heavily centered around IDEA, which is a law that mandates eligible children with disabilities have a right to a free appropriate education (FAPE) designed for their needs and provides state funding to deliver those services.
“At the same time, many parents described long, bureaucratic, and costly efforts to secure the services their children need and to which they are entitled under Federal law, especially in the education setting. ED and HHS’ partnership is intended to reduce the bureaucracy surrounding programs for individuals and support the coordination of federal resources in order to serve the child and the family as a whole,” ED said in a fact sheet about the partnership.
HHS Secretary Robert F. Kennedy Jr. said in a statement that the partnership will “cut bureaucratic barriers, better align federal resources, and deliver more effective support for individuals with disabilities and their families.”
“Together, we will improve education and employment outcomes, uphold the rights of individuals with disabilities, and help every child reach their full potential,” he said.
In addition to overseeing the Office for Civil Rights (OCR) for ED, the DOJ will work on student privacy issues and provide some training and advice to help schools.
“Every student has an unequivocal right to learn and participate in school activities free from discrimination,” said Acting Attorney General Todd Blanche. “The Department of Justice is proud to partner with the Department of Education to build a stronger, more coordinated civil rights enforcement system — one that makes clear that discrimination on the basis of race, sex, or ability will not be tolerated in our schools. Together, we are advancing a national commitment to ensuring every student is treated with dignity and has an equal opportunity to succeed both in the classroom and on the court or field.”
McMahon emphasized that OCR and ED’s Office of Special Education and Rehabilitative Services (OSERS), through the Rehabilitation Services Administration, will continue their statutory functions “without interruption” despite the changes.
“Not only will IDEA funds still flow to states, but under the Trump administration, we proposed to Congress that special education funding should increase,” McMahon wrote in an op-ed for Fox News. “President Trump’s Fiscal Year 2027 budget includes a request for a historic increase of more than half a billion dollars above the previous appropriation Congress made for special education services and proposals to reduce paperwork burdens, so special education teachers can spend more time serving students. And just last month, we announced a new $144 million boost for states and local agencies for IDEA programs.”
The IAAs are part of the Education Department’s efforts to adhere to President Donald Trump’s executive order calling for ED’s dismantling. Officially ending the department would take an act of Congress, as it was Congress that created it 45 years ago under President Jimmy Carter, but the agency has been looking for ways to decentralize its power and slash its workforce while waiting on GOP lawmakers to deliver on Trump’s campaign promise.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
