US Ed Dept Transfers Civil Rights, Disability Units to DOJ, HHS
The Trump administration has shifted the Department of Education's civil rights and special education offices to the Departments of Justice and Health and Human Services, raising questions about future enforcement priorities.
The U.S. Department of Education (USDOE) has transferred its Office for Civil Rights (OCR) to the Department of Justice (DOJ) and its Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS) through a series of interagency agreements. This move reassigns major federal enforcement and grant-making authority without the congressional action that would be required to formally dismantle the USDOE.
The shift means the DOJ will now evaluate and investigate administrative complaints under Title VI, Title IX, Section 504, the ADA, and other civil rights statutes, as well as alleged violations of the Family Educational Rights and Privacy Act (FERPA). HHS will assume responsibility for administering federal grants for individuals with disabilities. Counsel for educational institutions, government contractors, and service providers should anticipate potentially significant changes in enforcement priorities, regulatory interpretations, and possible disruptions to federal grant administration. The practical consequences are still uncertain, and clients should monitor how DOJ and HHS integrate these new functions and whether they will adhere to established USDOE guidance.