The Department of Education signed agreements with the Justice Department and Health and Human Services Tuesday to transfer major responsibilities across government, moving closer to shutting down the agency entirely.
Under an interagency agreement with DOJ, the Education Department’s Office for Civil Rights will now refer discrimination complaints to the Justice Department’s Civil Rights Division for investigation and resolution.
“THE SECRETARY HAS BEEN VERY CLEAR ABOUT THE FINAL MISSION OF THE U.S. DEPARTMENT OF EDUCATION, AND SHE HAS BEEN CLEAR THAT OUR PRIMARY GOAL IS TO RETURN EDUCATION TO THE STATES.”
Senior department officials confirmed the move on a press call Tuesday. The Office for Civil Rights will retain final authority over whether to pursue administrative actions or refer cases to DOJ for judicial enforcement. OCR will continue handling civil rights data collection, mediating disputes, negotiating settlements, and providing policy guidance to states and schools.
Students and families who believe discrimination occurred in federally funded education programs can still file complaints directly with OCR. OCR enforcement staff remain the primary points of contact for complainants.
The Education Department is also moving its Office of Special Education and Rehabilitative Services to HHS.
OSERS administers the Individuals with Disabilities Education Act, provides billions in formula grants to states for K-12 special education, and oversees state vocational rehabilitation programs helping Americans with disabilities secure competitive employment.
Officials said families describe “long, bureaucratic, costly efforts and additional barriers” to securing services for children with disabilities under current federal law.
No students with special needs will lose rights in the transfer to HHS. States will continue receiving federal funds for the programs, with an additional $144 million expected for fiscal year 2026.
The agreements are the latest development in Education Secretary Linda McMahon’s effort to dismantle the Department of Education. Following an executive order from President Trump, McMahon has worked to return education responsibilities to states while identifying which federal duties belong in other cabinet agencies.
McMahon has described the initiative as the department’s “final mission.”
