The Trump administration took a significant step on Tuesday by reducing the responsibilities of the Education Department, transferring key functions to other federal agencies. The Department of Justice will now handle civil rights enforcement in education, while the Department of Health and Human Services (HHS) will oversee special education. This move involves the Office of Special Education and Rehabilitative Services and the Office for Civil Rights, which protect the rights of children with disabilities and handle discrimination issues.
Advocates express concerns that this shift could disrupt communication between families and school officials who rely on these services. President Donald Trump campaigned on decentralizing education, claiming it should be managed by states. Although only Congress can formally dismantle the Education Department, Education Secretary Linda McMahon has brokered deals with other agencies to assume many of its duties.
McMahon asserted that these agreements align federal responsibilities with agencies better suited for these roles. However, critics fear the changes could negatively impact student services. According to the EdTrust, an organization advocating for educational equity, traditionally underserved students might face the most significant challenges due to this decision. These groups include students with disabilities, Black and Latino students, multilingual learners, and others from marginalized backgrounds.
Critics argue the changes scatter education programs to agencies lacking the necessary expertise to manage them effectively. The Office of Special Education and Rehabilitative Services oversees substantial grant programs and monitors compliance with the Individuals with Disabilities Education Act. Meanwhile, the Office for Civil Rights investigates discrimination complaints in educational institutions.
The Department of Justice will now also be responsible for student privacy and will offer training and advisory support to schools. However, the Education Department will still engage in some activities, such as addressing audits and issuing final determinations on civil rights cases, as legally required.
Representative Bobby Scott and Senator Patty Murray criticized the announcement, viewing it as a politically motivated move rather than one in the best interests of students. Rachel Gittleman, president of the union representing department employees, warned this would create confusion for families, students, and schools. Advocates for students with disabilities are particularly concerned about transferring special education oversight to HHS. They argue that education experts are better equipped to manage educational needs than medical professionals.
Jennifer Coco from the Center for Learner Equity stressed that education and health systems have distinct languages and methodologies, which may hinder effective oversight. During extensive listening sessions, families and advocates voiced their concerns regarding adequate services for children, ultimately opposing the transfer of special education responsibilities.
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