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Trump Administration Transfers Education Departments Civil Rights and Special Education Functions to DOJ and HHS
On June 16, 2026, the U.S. Department of Education announced a sweeping reorganization that will see its Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) moved under the jurisdiction of two other federal agencies.
Under the new inter‑agency agreement, OCR will remain within the Department of Education for oversight purposes, but the Department of Justice (DOJ) will take charge of investigations, potential resolutions, and student‑privacy enforcement. OSERS will be administered by the Department of Health and Human Services (HHS). Officials emphasized that the shift “will not impact students, parents, or families,” and that anyone who believes discrimination has occurred in an education program may still file complaints with OCR.
The transfer is part of a broader effort by the Trump administration to shrink the Department of Education. President Donald Trump has repeatedly signaled his intent to close the department, although Congress has yet to pass the necessary legislation. By shifting functions through inter‑agency agreements, the administration is following a strategy that has been described as lawful under presidential powers.
OCR has long been the federal agency that enforces civil‑rights laws in schools and universities. Its jurisdiction covers race, color, national origin, sex, disability, age, and membership in patriotic youth organizations. The office does not have authority to enforce religious discrimination; that matter falls under Title IV of the Civil Rights Act and is handled by the DOJ’s Civil Rights Division. Over time, OCR’s enforcement priorities have evolved. During the Biden administration, the agency focused on diversity, equity and inclusion programs, Title IX bathroom and locker‑room access, disproportionate discipline of minority students, and race‑conscious admissions. Under Trump, enforcement standards have tightened, and many complaints that would have been pursued under Biden are now dismissed at intake.
A February 2026 GAO report found that placing OCR employees on paid administrative leave from March to December 2025 cost the agency up to $38 million in salaries and benefits. The report noted that the cost would have been the same had the employees remained at work. The administration has used administrative leave as a tool to reduce staffing while litigation over the layoffs continues.
From March to September 2025, OCR received more than 9,000 discrimination complaints and dismissed roughly 90 percent of them. GAO data shows that the dismissal rate was already 81 percent during Trump’s first term, before the recent staffing reductions. The higher dismissal rate is therefore attributed to changes in enforcement standards rather than to the number of staff.
Critics argue that the transfer aligns with the Heritage Foundation’s Project 2025, a policy blueprint that calls for moving civil‑rights enforcement to the DOJ and special‑education oversight to HHS. Rachel Gittleman, president of AFGE Local 252, warned that the transfers will leave vulnerable students “without the services they need and without protection when they face discrimination.” The union’s claim has not been supported by evidence that enrollment has fallen or that students are being denied services.
The Department of Education’s spokesperson said the changes would not affect students, parents or families. The transfer also means that complaints involving Christian students or parents will be handled by the DOJ’s Civil Rights Division, which has a broader mandate that includes religious discrimination.
OCR’s staff has been reduced to about half of its 575 employees, and seven of its 12 regional offices have been closed. The agency’s budget has also been cut. The Department of Education has continued to fund OCR’s statutory responsibilities, but day‑to‑day operations will now be carried out by DOJ and HHS.
The transfer is the latest step in a series of actions that have drawn criticism from education unions, civil‑rights advocates and some lawmakers. The Department of Education has not announced any new funding or oversight mechanisms for OCR or OSERS beyond the inter‑agency agreements. The legal and policy implications of the transfer remain to be seen as the agencies begin to implement the new structure.
The Department of Justice said it will review the OCR’s existing investigations and continue to enforce federal civil‑rights laws in schools. The Department of Health and Human Services will oversee the administration of the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Services Administration.
The transfer does not change the statutory authority of OCR, but it does shift the operational responsibilities to agencies with different mandates. The impact on students, parents and families will depend on how the DOJ and HHS implement the new roles and whether they maintain the same level of responsiveness as the OCR has historically provided.
The Department of Education has not yet announced a timetable for the full transition. The agencies involved are expected to work together to ensure a smooth handover of cases and responsibilities. The broader debate over the role of the federal government in education and civil‑rights enforcement continues as the Trump administration moves forward with its agenda.
Under the new inter‑agency agreement, OCR will remain within the Department of Education for oversight purposes, but the Department of Justice (DOJ) will take charge of investigations, potential resolutions, and student‑privacy enforcement. OSERS will be administered by the Department of Health and Human Services (HHS). Officials emphasized that the shift “will not impact students, parents, or families,” and that anyone who believes discrimination has occurred in an education program may still file complaints with OCR.
The transfer is part of a broader effort by the Trump administration to shrink the Department of Education. President Donald Trump has repeatedly signaled his intent to close the department, although Congress has yet to pass the necessary legislation. By shifting functions through inter‑agency agreements, the administration is following a strategy that has been described as lawful under presidential powers.
OCR has long been the federal agency that enforces civil‑rights laws in schools and universities. Its jurisdiction covers race, color, national origin, sex, disability, age, and membership in patriotic youth organizations. The office does not have authority to enforce religious discrimination; that matter falls under Title IV of the Civil Rights Act and is handled by the DOJ’s Civil Rights Division. Over time, OCR’s enforcement priorities have evolved. During the Biden administration, the agency focused on diversity, equity and inclusion programs, Title IX bathroom and locker‑room access, disproportionate discipline of minority students, and race‑conscious admissions. Under Trump, enforcement standards have tightened, and many complaints that would have been pursued under Biden are now dismissed at intake.
A February 2026 GAO report found that placing OCR employees on paid administrative leave from March to December 2025 cost the agency up to $38 million in salaries and benefits. The report noted that the cost would have been the same had the employees remained at work. The administration has used administrative leave as a tool to reduce staffing while litigation over the layoffs continues.
From March to September 2025, OCR received more than 9,000 discrimination complaints and dismissed roughly 90 percent of them. GAO data shows that the dismissal rate was already 81 percent during Trump’s first term, before the recent staffing reductions. The higher dismissal rate is therefore attributed to changes in enforcement standards rather than to the number of staff.
Critics argue that the transfer aligns with the Heritage Foundation’s Project 2025, a policy blueprint that calls for moving civil‑rights enforcement to the DOJ and special‑education oversight to HHS. Rachel Gittleman, president of AFGE Local 252, warned that the transfers will leave vulnerable students “without the services they need and without protection when they face discrimination.” The union’s claim has not been supported by evidence that enrollment has fallen or that students are being denied services.
The Department of Education’s spokesperson said the changes would not affect students, parents or families. The transfer also means that complaints involving Christian students or parents will be handled by the DOJ’s Civil Rights Division, which has a broader mandate that includes religious discrimination.
OCR’s staff has been reduced to about half of its 575 employees, and seven of its 12 regional offices have been closed. The agency’s budget has also been cut. The Department of Education has continued to fund OCR’s statutory responsibilities, but day‑to‑day operations will now be carried out by DOJ and HHS.
The transfer is the latest step in a series of actions that have drawn criticism from education unions, civil‑rights advocates and some lawmakers. The Department of Education has not announced any new funding or oversight mechanisms for OCR or OSERS beyond the inter‑agency agreements. The legal and policy implications of the transfer remain to be seen as the agencies begin to implement the new structure.
The Department of Justice said it will review the OCR’s existing investigations and continue to enforce federal civil‑rights laws in schools. The Department of Health and Human Services will oversee the administration of the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Services Administration.
The transfer does not change the statutory authority of OCR, but it does shift the operational responsibilities to agencies with different mandates. The impact on students, parents and families will depend on how the DOJ and HHS implement the new roles and whether they maintain the same level of responsiveness as the OCR has historically provided.
The Department of Education has not yet announced a timetable for the full transition. The agencies involved are expected to work together to ensure a smooth handover of cases and responsibilities. The broader debate over the role of the federal government in education and civil‑rights enforcement continues as the Trump administration moves forward with its agenda.
