Education Dept. transfers Office for Civil Rights to DOJ and special education office to HHS

The U.S. Department of Education announced interagency agreements on June 16, 2026, transferring its Office for Civil Rights (OCR) to the Justice Department's Civil Rights Division under Harmeet Dhillon, and its special education oversight office (OSERS) to the Department of Health and Human Services. OCR handles discrimination complaints in K-12 and higher education; OSERS oversees implementation of the Individuals with Disabilities Education Act guaranteeing services for disabled students. Legal experts called the OCR move "illegal," saying DOJ lawyers lack specialized education-law expertise and the transfer will make it harder for students to secure relief from discrimination.

The U.S. Department of Education announced on June 16, 2026 that it would transfer two of its most consequential civil rights functions to other federal agencies via interagency agreements. The department's Office for Civil Rights (OCR) — which receives and investigates discrimination complaints from students in K-12 schools and universities under laws prohibiting discrimination based on race, sex, disability, and national origin — will move to the Justice Department's Civil Rights Division, currently led by Harmeet Dhillon. The Office of Special Education and Rehabilitative Services (OSERS), which oversees state compliance with the Individuals with Disabilities Education Act (IDEA) and administers grants supporting disabled students, will move to the Department of Health and Human Services.

Education officials informed advocacy groups of the transfers on Tuesday morning before announcing them publicly that afternoon. Under the new arrangement, OCR will use the DOJ Civil Rights Division "to evaluate, investigate and resolve complaints filed under the laws enforced by OCR." A former Education Department attorney told Education Week the move was "illegal," arguing that DOJ lawyers lack the specialized expertise to handle education civil rights cases and that the change will make it harder for students and families to secure relief from discrimination. Disability rights advocates expressed alarm that moving OSERS to HHS separates the agency from the educational mission Congress assigned it.

The transfers are part of a broader pattern of hollowing out the Education Department through executive action. The administration has also closed more than half of OCR's regional offices, reduced overall Education Department staff by nearly half, and canceled approximately $2 billion in grants. This follows ten earlier interagency agreements shifting other departmental functions to the Departments of Labor, HHS, Interior, State, and Treasury. Formally abolishing the Department of Education would require an act of Congress; these transfers instead relocate its core functions piecemeal without legislative authorization.

The Department of Education's Office for Civil Rights (OCR) enforces federal anti-discrimination laws protecting students from discrimination based on race, disability, sex, and national origin. Transferring OCR to the Justice Department's Civil Rights Division — which under the current administration has redirected enforcement toward investigating diversity programs and transgender policies — removes a specialized agency with education-law expertise and places civil rights enforcement inside a politically directed law-enforcement body. The simultaneous transfer of the Office of Special Education and Rehabilitative Services (OSERS) to HHS strips the agency Congress entrusted with overseeing the Individuals with Disabilities Education Act of that responsibility. Together these moves continue a pattern of dismantling the Education Department's institutional capacity without the congressional authorization that formally abolishing the agency would require.

  1. Education Department Moves Special Ed. and Civil Rights to Other AgenciesEducation Week primary accessed June 18, 2026
  2. Education Department transfers key special ed, civil rights functionsK-12 Dive secondary accessed June 18, 2026
  3. Trump ramps up Education Department's dismantling with changes on special education and civil rightsAP News secondary accessed June 18, 2026
  4. Education Dept. plans to move special ed and civil rights out of the agencyWashington Post secondary accessed June 18, 2026