politics
2 min read
Trump administration relocates special education and civil rights divisions from Education Department
July 18, 2026
Why it matters locally: The relocation of special education oversight and civil rights enforcement functions could impact the 800,000 students receiving special education services in California and the state's public education system, which must comply with federal mandates under the Individuals with Disabilities Education Act and various civil rights statutes.
President Donald Trump's administration has moved special education oversight and civil rights enforcement functions out of the Department of Education and into other federal agencies. The administration reassigned the Office of Special Education and Rehabilitative Services to the Department of Health and Human Services. That office administers federal special education law, which mandates free appropriate public education for students with disabilities ages 3 through 21. Civil rights enforcement functions moved to the Department of Justice. Those functions include investigating complaints of discrimination in schools based on race, disability, sex and other protected categories. These relocations represent part of a larger effort by the Trump administration to restructure the Education Department. Education Secretary Linda McMahon has previously indicated the department faces significant organizational changes under the new administration. The special education program serves roughly 7 million students enrolled in public schools, according to the most recent federal data. The program operates under the Individuals with Disabilities Education Act and requires states to maintain special education services in their schools. The civil rights office has handled discrimination complaints from students, parents and school employees for decades. The office's investigators examine allegations involving Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act, among other statutes. Education officials have not provided a detailed timeline for the transfers or specified how the moves will affect staffing or operations at either agency. The Department of Health and Human Services and the Department of Justice did not immediately respond to requests for comment on how they plan to integrate the transferred functions. Union representatives and education advocacy groups have expressed concern about the relocations, arguing that keeping these functions within the Education Department ensures coordinated oversight of schools. They contend that splitting responsibilities across multiple agencies could create gaps in enforcement and reduce accountability for schools receiving federal funding. Education Department officials defended the reorganization, stating that moving special education to HHS aligns that function with other health and disability services, while placing civil rights enforcement at Justice consolidates litigation authority in one agency. The moves follow Trump's first-term proposals to eliminate the Education Department entirely, though Congress did not approve that measure. During his 2024 campaign, Trump again called for the department's dissolution.
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