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Trump takes special education, civil rights oversight away from Education Department

Published June 17, 2026 · Updated June 17, 2026 · By Karen Anderson

Trump Shifts Special Education and Civil Rights Oversight to Other Agencies

Trump takes special education civil rights - President Trump’s administration has moved special education and civil rights oversight from the Department of Education to separate federal agencies, a decision that has sparked debate about its impact on educational equity and student protections. This reorganization aims to redefine the role of the Education Department, transferring key responsibilities to the Department of Justice (DOJ) and the Department of Health and Human Services (HHS). The move reflects a broader strategy to reduce federal oversight in education, aligning functions with agencies that the administration believes are better suited to handle these areas.

Reorganization and Expanded Responsibilities

Under the new structure, the DOJ now oversees civil rights enforcement and student privacy, while HHS assumes responsibility for special education programs. The administration argues that this change will improve efficiency by matching expertise with specific functions. For instance, HHS’s involvement in special education is expected to streamline support for students with disabilities, and the DOJ’s focus on civil rights is anticipated to strengthen enforcement against discrimination in schools.

Education Secretary Linda McMahon defended the decision, emphasizing that it would enhance program effectiveness. She highlighted that placing special education under HHS would foster better coordination with healthcare and disability services. Meanwhile, the DOJ’s expanded role includes ensuring robust civil rights protections, particularly in areas like student privacy and anti-discrimination policies. This shift, however, has drawn criticism from advocates who fear it may weaken oversight for vulnerable student populations.

Impact on Federal Education Policy

The reallocation of duties comes as part of Trump’s ongoing efforts to reshape federal education policy. His administration has long advocated for reducing the Education Department’s influence, promoting state and local control over schools. This reorganization is a step toward that goal, with plans to further consolidate responsibilities and minimize the department’s role. While the full dissolution of the Education Department requires congressional approval, the current changes signal a long-term strategy to redefine its function.

McMahon has already initiated steps to shrink the department, including closing seven of twelve regional offices and reducing staff. These actions align with the administration’s broader goal of streamlining federal operations. However, critics argue that the shift may create gaps in oversight, particularly for students who rely on federal protections. The reassignment raises questions about how well other agencies can manage these critical educational responsibilities.

Concerns About Equity and Oversight

Advocates for students with disabilities and marginalized communities warn that the reorganization could disproportionately affect vulnerable populations. EdTrust, a D.C.-based research group, stated that students from low-income backgrounds, rural areas, and minority groups will likely face greater challenges with access to rights and protections. The organization criticized the decision as a “reckless” move that undermines efforts to safeguard equity in education.

"Traditionally underserved students — including those with disabilities, Black and Latino students, multilingual learners, and students in rural communities — will bear the greatest burden of this decision," said EdTrust. "The disability and civil rights communities have already opposed it strongly, and the outcome may weaken essential protections."

Additionally, some observers question whether the DOJ’s focus on civil rights enforcement aligns with its current priorities. Recent actions targeting antisemitism on campuses have drawn attention to potential biases in how civil rights cases are handled. While the administration frames this as a way to ensure fair enforcement, critics argue it could lead to inconsistent application of rights across different student groups. The HHS’s new role in special education also remains under scrutiny, with concerns about its ability to manage the complex needs of students with disabilities effectively.