The Trump administration announced Tuesday that it is transferring two major functions of the U.S. Department of Education to other federal agencies, a move that represents its most significant step yet toward dismantling the department.
Disability Programs and Civil Rights Office Moved
Under the plan, the Office of Special Education and Rehabilitative Services (OSERS) will be moved to the Department of Health and Human Services (HHS), while the Office for Civil Rights (OCR) will be transferred to the Department of Justice (DOJ).
OSERS oversees approximately $15 billion annually in funding for students with disabilities through the Individuals with Disabilities Education Act (IDEA).
The office is responsible for ensuring that students with disabilities receive the educational services and accommodations guaranteed under federal law.
The OCR, meanwhile, enforces federal anti-discrimination laws in schools. It investigates complaints involving disability, race, sex, national origin, and other protected categories. In recent years, a significant share of OCR complaints have involved students with disabilities.
Administration officials described the changes as part of a broader effort to improve government efficiency through interagency partnerships.
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Education Secretary Linda McMahon said the restructuring would better align services with goals such as improving academic outcomes, promoting independence, and increasing employment opportunities for people with disabilities.
Push to Shrink the Department
The Department of Education was established by Congress in 1979, and eliminating it entirely would require congressional approval. Because the administration lacks the votes needed to formally abolish the agency, officials have instead relied on executive actions and administrative agreements to shift responsibilities elsewhere.
The latest announcement follows previous efforts to reduce the department’s role through staff reductions and the transfer of programs to other federal agencies, including the Departments of Labor, Interior, State, and Treasury.
Administration officials argue that the Education Department has become overly bureaucratic and has failed to produce significant improvements in student performance despite decades of increased federal spending.
They contend that placing disability-related programs under HHS and civil rights enforcement under DOJ will improve outcomes while reducing administrative overhead.
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Legal Challenges
The transfers are being carried out through interagency agreements rather than formal legislative changes.
As a result, the Education Department is expected to retain certain statutory responsibilities and oversight functions during the transition period as the changes are phased in.
Disability rights organizations and education advocates have questioned whether the administration has the legal authority to move some functions without congressional approval.
They argue that certain responsibilities are specifically assigned to the Education Department under federal law.
A coalition of Democratic attorneys general is already pursuing litigation against earlier efforts to dismantle the department, and additional legal challenges are expected following Tuesday’s announcement.
A key legal issue involves the Individuals with Disabilities Education Act (IDEA), which designates the Secretary of Education as the primary federal official responsible for administering the law.
