Trump Administration Shifts Special Education and Civil Rights Enforcement Away from Education Department

The Trump administration has announced plans to transfer civil rights enforcement and special education oversight from the Department of Education to other federal agencies, a move that fulfills the president's campaign promise to dismantle the Education Department. Under the reorganization announced Tuesday, the Department of Justice will assume responsibility for civil rights enforcement in schools, while the Department of Health and Human Services will oversee special education programs. Education Secretary Linda McMahon has framed the changes as a way to provide more direct assistance to families of children with disabilities.

However, parents and disability advocates have expressed concern that the reorganization will worsen an already troubled system. The Education Department's civil rights office has faced significant staffing reductions under Trump, shrinking by approximately 40 percent, while the Office of Special Education and Rehabilitative Services has contracted by roughly one-third since 2024. The Education Opportunities Section at the Department of Justice has also been halved. These cuts have contributed to a mounting backlog of cases, with many complaints remaining unresolved for extended periods. Nicole May, an Ohio mother, filed a civil rights complaint in spring 2024 alleging her teenage daughter was bullied over her hearing aids, but more than two years later her case remains unresolved.

Advocates argue that placing special education under a health department is fundamentally misaligned with educational principles. Critics contend that health departments typically treat disabilities as medical conditions to manage, rather than recognizing them as differences in how children learn. The top Republican on the Senate education committee has indicated he will pursue legislation to prevent special education from being moved to Health and Human Services. Some disability rights attorneys have already begun pursuing cases in state-level forums and other venues in response to federal delays.

In response to the federal enforcement backlog, some states have begun expanding their own civil rights authority. Colorado signed legislation into law in May that allows state education officials to pursue civil rights cases typically handled at the federal level, including allegations that schools are failing to follow students' individualized education programs or are illegally restraining and secluding disabled students. Emily Harvey, co-legal director at Disability Justice, noted that her federal complaints feel as though they are "collecting dust on a virtual shelf somewhere," reflecting the sentiment among many advocates that the system has become increasingly dysfunctional.