Ed Department Transfers More Key Responsibilities in Next Moves to Dismantle Agency

The Department of Education is transferring two of its key responsibilities to other parts of the executive branch, marking the administration’s latest effort to wind down the agency’s operations.

The agency is moving its Office of Special Education and Rehabilitative Services to the Department of Health and Human Services. OSER staff will work with HHS to “ensure that programs that support individuals with disabilities are administered more effectively and in a way that results in better outcomes for individuals with disabilities,” a senior department official told reporters on a Tuesday press call.

“Federal rights and protections provided under the programs administered by OSERS, including the [Individuals with Disabilities Education Act] and the Rehabilitation Act, are critical to individuals with disabilities and their families, yet families often described 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,” an official said.

The official stressed that special needs students will not lose any rights in the move, including their right to a free, public education. States will continue to receive federal funds for programs administered by the office, and they will receive an additional $144 million for fiscal year 2026.

“This partnership between OSERS and HHS will support the ability for OSERS expert staff to collaborate with HHS staff to ensure that programs that support individuals with disabilities are administered more effectively and in a way that results in better outcomes for individuals with disabilities,” the official said.

The Education Department also signed an interagency agreement with the Civil Rights Office of the Justice Department. The Education Department’s Office of Civil Rights will refer complaints to the Department of Justice for evaluation, investigation, and potential resolution.

“This partnership will not impact students, parents, or families,” an official said. “Any individual who believes that discrimination has occurred in an education program or activity funded by the department may still file complaints with OCR.”

Investigations of the Education Department’s civil rights office will not be affected, the official said, and office staff will remain available to answer questions about complaints.

“The department and OCR and CRT will now begin discussions on various items relating to implementation, including staffing timelines, necessary assets, and also workforce inventories,” an official said in response to a question from the Daily Signal, “but our primary goal will continue to be resolving complaints. enforcement, and we will partner with DOJ to make sure that that we are able to to meet those priorities.”