President Donald Trump shifted two critical federal education functions out of the Department of Education this week, moving oversight of special education to the Department of Health and Human Services and civil rights enforcement to the Department of Justice. The moves advance Trump's stated goal of dismantling the Education Department entirely.
The special education transfer affects implementation of the Individuals with Disabilities Education Act, the 1975 law guaranteeing free appropriate public education to students with disabilities. HHS will now manage federal special education programs, funding, and compliance oversight previously handled by the Education Department's Office of Special Education and Rehabilitative Services.
Civil rights enforcement, including Title VI protections against discrimination based on race, color, and national origin in schools, moves to the Justice Department. This function had resided in the Education Department's Office for Civil Rights since the agency's creation in 1980.
Education policy experts and disability advocates raised immediate concerns. The reorganization risks fragmenting oversight of special education services across multiple federal agencies without clear coordination mechanisms. Schools and districts already struggle with compliance; splitting authority could deepen confusion and inconsistency.
The civil rights shift also raises questions about enforcement priorities and resources. The Education Department's Office for Civil Rights handled thousands of complaints annually from students, parents, and advocacy groups. Moving this to Justice, which typically focuses on criminal enforcement and major civil litigation, may reduce attention to school-level discrimination complaints.
These moves represent the most substantial dismantling of Education Department functions since Trump took office. Earlier directives targeted diversity initiatives and challenged federal education regulations. Trump has long promised to close the department entirely, calling it wasteful and arguing education policy should rest with states and families.
The restructuring occurs amid ongoing debate about federal versus state education authority. Democrats and education organizations argue federal oversight protects vulnerable students and ensures equal access. Republicans counter that Washington overreach hampers school autonomy and that states and local districts better understand their communities' needs.