The Trump administration announced on June 16, 2026, it will move the Office of Special Education and Rehabilitative Services from the Education Department to the Health and Human Services Department and shift the Office for Civil Rights enforcement duties to the Justice Department [1, 2].
The Office of Special Education and Rehabilitative Services administers about $15 billion annually for students with disabilities and enforces the Individuals with Disabilities Education Act [1]. The Office for Civil Rights enforces anti-discrimination laws in schools, and its enforcement role will now be handled by the Justice Department [1, 2].
Disability groups have raised legal concerns, warning the transfers may be unlawful without Congressional approval and could harm vulnerable students by separating disability services from civil rights enforcement [1]. The American Federation of Government Employees (AFGE) Local 252, which represents about 2,000 Education Department workers, criticized the move as an unlawful attempt to dismantle the department. Rachel Gittleman, president of AFGE Local 252, said, "This 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. This isn’t efficiency; it’s chaos" [1].
Education Department officials said students, parents, and educators would not see any change in services following the transfer [1].
These changes are part of the Trump administration's ongoing efforts to dismantle the Education Department. Democratic attorneys general filed lawsuits in 2025 challenging the administration's attempts to unravel the department's functions [1].