Education Department Takes Further Steps To Dismantle Itself

The Department of Education announced Tuesday that it has entered agreements with the Department of Justice and the Department of Health and Human Services (HHS) to transfer more of its responsibilities to other agencies, prepping the Education Department to one day be shut down for good.

On a press call, senior department officials confirmed that the Education Department had signed an interagency agreement (IAA) with the Justice Department allowing Education’s Office for Civil Rights (OCR) to refer complaints to the Justice Department’s Civil Rights Division (CRT) to “evaluate, investigate, and resolve.”

“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,” one official said on the call. “What the secretary has also indicated is that there are areas where federal enforcement must continue. There are areas where the federal government has an essential role, and that includes enforcement of federal civil rights laws.”

Statutory requirements of the Department of Justice will not change under the IAA, and OCR will still make final decisions about whether to pursue administration actions or refer cases to the Justice Department for judicial enforcement. OCR will continue to administer civil rights data collection, “facilitate mediation and negotiate settlements,” and develop policy guidance and provide technical assistance to states, localities, and schools.

“This partnership will not impact students, parents, or families. Any individual who believes that discrimination has occurred in an education program or activity funded by the department may still file complaints with OCR,” an official stated. “OCR investigations will not be impacted by this partnership, and OCR enforcement staff remain available to answer questions regarding the status of complaints and remain the points of contact for complainants.”

The Education Department is also moving its Office of Special Education and Rehabilitative Services (OSERS), to HHS.

OSERS administers the Individuals with Disabilities Education Act (IDEA), provides billions in formula grants to states for K-12 special education, and oversees state vocational rehabilitation programs that help Americans with disabilities secure and retain competitive employment.

“Federal rights and protections provided under the programs administered by OSERS, including the IDEA and the Rehabilitation Act, are critical to individuals with disabilities and their families,” an official stated. “Yet, families often describe to the secretary and her team here at the department, long, bureaucratic, costly efforts and additional barriers to securing the services their children need and to which they are entitled to under federal law.”

No students with special needs will lose any rights in the transfer to HHS, and states will continue to receive federal funds for the programs they administer, with an additional $144 million expected for fiscal year 2026.

The two moves are the latest development in Education Secretary Linda McMahon’s “final mission” to dismantle the Department of Education. Following an executive order from President Donald Trump, McMahon has looked for ways to give states autonomy over certain responsibilities unnecessarily overseen by the federal government, while looking for other cabinet agencies that more appropriately house federal responsibilities once the department is gone.