Trump Administration’s Restructuring of Education Department Raises Concerns
The Trump administration is making significant changes to the U.S. Department of Education, shifting major responsibilities to other federal agencies. This move has sparked discussions about its implications for students with disabilities and civil rights protections.
In a recent announcement, the administration stated that the Office of Special Education and Rehabilitative Services (OSERS) will largely transition to the U.S. Department of Health and Human Services (HHS). OSERS is responsible for managing programs that ensure compliance with the Individuals with Disabilities Education Act (IDEA), a law that guarantees access to equitable public education for disabled students.
Furthermore, the Office for Civil Rights (OCR) will see much of its work moved to the U.S. Department of Justice (DOJ). OCR’s team of civil rights lawyers works to protect students in K-12 schools and universities from discrimination. This office has been a target for staff reductions and operational changes under the Trump administration, as noted in previous reports.
These changes align with President Donald Trump’s promise to reduce the size of the Education Department. Already, the Office of Elementary and Secondary Education, a key component of the department, has been moved to the U.S. Department of Labor.
Education Secretary Linda McMahon expressed optimism about the changes, stating that the partnership with HHS aims to “strengthen academic outcomes and support individuals with disabilities for greater independence and meaningful employment.” She also noted that the DOJ collaboration would “ensure stronger, more coordinated civil rights enforcement.”
However, the administration’s portrayal of these shifts as “partnerships” has not quelled concerns. Details about the impact on current staff remain unclear, with some suggesting the moves might simply involve relocating staff along with their duties.
NPR obtained documents stating that HHS would handle much of the administrative work related to IDEA, while the Education Department would retain leadership roles to meet legal obligations. This restructuring is part of McMahon’s effort to “peel back the layers of federal bureaucracy,” a move that has been met with skepticism by some former OSERS employees who fear it could undermine efficiency and effectiveness.
Criticism has also come from disability rights advocates. Denise Forte of EdTrust called it a “vindictive attempt to undermine public education,” while Denise Marshall of COPAA questioned the logic of moving student disability programs to HHS. Chad Rummel of the Council for Exceptional Children similarly stressed that IDEA is an “education law” that should remain within the educational context.
Despite assurances from Kimberly Richey and Kelly Rogers—officials representing civil rights and OSERS—that operations would continue without disruption, concerns persist. Rummel pointed to Project 2025 as a potential blueprint for further reducing federal oversight of special education.
Former OSERS employees highlighted the agency’s decades-long expertise in serving students with disabilities, which they argue HHS lacks. They fear the focus at HHS might shift toward medical perspectives rather than educational support.
The proposed move of OCR to the DOJ has also faced criticism. Catherine Lhamon, a former OCR leader, warned that this transition might compromise the specialized focus on education-related civil rights. In contrast, Kenneth Marcus, another former OCR head, expressed cautious optimism about potential improvements in civil rights enforcement.
The legality of these moves remains a topic of discussion. Federal law mandates that OSERS exist within the Education Department, leading the administration to frame these changes as outsourcing rather than a complete transfer of responsibilities.
