WASHINGTON — The U.S. Department of Education announced plans Tuesday to outsource special education programs and civil rights enforcement to other agencies, marking a significant step by President Donald Trump’s administration toward restructuring the department. The Office of Special Education and Rehabilitative Services (OSERS) will be managed by the Department of Health and Human Services, while civil rights enforcement, previously under the Office for Civil Rights (OCR), will be transferred to the Department of Justice.
This decision follows 10 prior interagency agreements that have shifted various responsibilities from Education to other agencies, including the Department of Labor, Health and Human Services, Interior, State, and Treasury. Despite these changes, the Education Department assured in fact sheets that it “will continue to perform all statutorily required duties and responsibilities.”
U.S. Education Secretary Linda McMahon stated, “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.” This move aligns with Trump’s broader goal to decentralize education, returning control to states, despite existing state-level oversight.
Special Education
A senior department official confirmed that OSERS will uphold its statutory duties without interruption, ensuring compliance with the Individuals with Disabilities Education Act (IDEA). OSERS includes the Office of the Assistant Secretary, Office of Special Education Programs, and the Rehabilitation Services Administration. The official emphasized that student rights, including a free appropriate public education, will remain unchanged under federal law.
In collaboration with OSERS, HHS will manage stakeholder outreach, grant administration, compliance, monitoring activities, and data analysis for compliance, as detailed in a fact sheet.
Civil Rights Oversight
The agreement with the DOJ aims to strengthen federal civil rights law enforcement. The OCR, responsible for investigating civil rights complaints, will utilize the Civil Rights Division for complaint evaluation and resolution. The OCR retains leadership in accordance with federal law. Additionally, the DOJ will assist with student privacy protection and provide technical advice on public school desegregation, as per fact sheets.
‘This Isn’t Efficiency — It’s Chaos’
The announcement prompted strong opposition from Democratic lawmakers, unions, and advocacy groups. Rachel Gittleman of the American Federation of Government Employees Local 252 criticized the agreements, stating they will leave vulnerable students without necessary services and protection against discrimination. “This isn’t efficiency — it’s chaos,” she argued.
U.S. Sen. Patty Murray condemned the administration’s actions, claiming they neglect educational support for children while focusing on dismantling the Department of Education. Randi Weingarten, president of the American Federation of Teachers, criticized the decision for its potential real-world negative impacts, asserting that Congress has refused to follow the White House’s lead on abolishing the department and that communities will fight back through legal and public channels.
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