Earlier this summer, the U.S. Department of Education (ED) announced four new interagency agreements, including new partnerships with the Department of Health and Human Services (HHS) and the Department of Justice (DOJ). Secretary of Education Linda McMahon describes the HHS partnership as a way the Department “will align federal services with the goal of strengthening academic outcomes and supporting individuals with disabilities” and the partnership with DOJ as a way for the Department to “ensure stronger, more coordinated civil rights enforcement and robust protections for student privacy.”
Through the interagency agreement with HHS, the Department shifted the administration of its Office of Special Education and Rehabilitative Services (OSERS) to HHS. This means that HHS is now responsible for providing services to support the administration of billions of dollars in federal grants and other programs that are intended to support individuals with disabilities.
Similarly, the Department moved its Office for Civil Rights to the DOJ, which will now be in charge of evaluating, investigating, and resolving administrative complaints related to Title VI, Title IX, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act (ADA), the Age Discrimination Act, and the Boy Scouts of America Equal Access Act. Furthermore, the DOJ will have responsibility for providing technical assistance through Civil Rights Training and Advisory Services program, In addition to assuming OCR’s civil rights enforcement duties, the DOJ will also investigate alleged violations of the Family Educational Rights and Privacy Act (FERPA).
What This Means For You
These partnerships represent a significant transfer of authority away from the ED and effectively advance President Trump’s campaign pledge to dismantle it—without the Congressional action that would be required to formally close the agency. The practical consequences remain uncertain, but the risks are concrete: Grant administration may be disrupted, students with disabilities could lose access to critical services, and the DOJ will now be responsible for the oversight of administrative complaints involving civil rights and FERPA issues.
If you have questions about how these developments could impact your state, school, or district, please reach out to the authors or your Husch Blackwell attorney.