Special ed to be shifted out of Trump’s shrinking Education Dept. to HHS
Jun 16, 2026
WASHINGTON — The U.S. Department of Education announced sweeping efforts Tuesday to outsource its special education programs and civil rights enforcement to other agencies, in another major step by President Donald Trump’s administration to dismantle the department.
The Department of Health
and Human Services will administer programs under the Education Department’s Office of Special Education and Rehabilitative Services, or OSERS, while civil rights enforcement under Education’s Office for Civil Rights, or OCR, will be transferred to the Department of Justice.
The move follows 10 earlier interagency agreements, or IAAs, with the departments of Labor, Health and Human Services, Interior, State and Treasury that transfer several of Education’s responsibilities to those agencies.
“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. Education Secretary Linda McMahon said in a statement Tuesday.
The administration has sought to do away with the department as part of Trump’s quest to return education “back to the states.” That push continues despite much of the oversight and funding of schools already occurring at the state and local levels.
Special education
On a background call with reporters, a senior department official said OSERS “will maintain its independent statutory functions without interruption to vigorously enforce compliance with all of OSERS programs.”
OSERS is responsible for administering the Individuals with Disabilities Education Act, or IDEA, which guarantees a free public education for students with disabilities. The umbrella unit OSERS includes the Office of the Assistant Secretary, Office of Special Education Programs and the Rehabilitation Services Administration.
The official added that “students will not lose any rights, including their right to a free, appropriate public education,” adding that “no agreement can alter the rights that students with disabilities are afforded under federal law.”
Civil rights oversight
Meanwhile, Education’s agreement with the DOJ is intended to “support and bolster the federal government’s enforcement of federal civil rights laws,” a senior department official said.
The Education Department’s Office for Civil Rights, or OCR, is tasked with investigating civil rights complaints from students and families.
Under the agreement, “OCR will utilize the Civil Rights Division to evaluate, investigate and resolve complaints filed under the laws enforced by OCR,” the official said.
The official also stressed that under the interagency agreement, OCR “retains management and leadership of OCR in accordance with federal law.”
‘This isn’t efficiency — it’s chaos’
The move was immediately met with backlash from the American Federation of Government Employees Local 252, the union representing Education Department workers.
Rachel Gittleman, president of AFGE Local 252, said the interagency agreements regarding special ed programs and civil rights enforcement “will leave our most vulnerable students and families who have been shut out of our education system without the services they need and without protection when they face discrimination,” in a Tuesday statement.
“This isn’t efficiency — it’s chaos,” Gittleman added. “Secretary McMahon is yet again targeting historically underserved students, eroding public trust, and sowing dysfunction for the federal employees who are trying to do their jobs on behalf of the public.”
This story was first published June 16, 2026 by States Newsroom.
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