The U.S. Department of Education made significant changes on June 16, 2026, by signing four new interagency agreements. These agreements transfer the oversight of special education and rehabilitative services to the Department of Health and Human Services (HHS) and civil rights enforcement, student privacy, and desegregation training to the Department of Justice (DOJ). This move does not alter any existing laws, ensuring that the Individuals with Disabilities Education Act (IDEA)Title IXSection 504and the Family Educational Rights and Privacy Act (FERPA) remain in force.
For families, the day-to-day processes such as Individualized Education Programs (IEPs)504 plansand filing civil rights complaints remain unchanged. However, the reshuffling raises important questions about coordination and accountability across the involved agencies.
Understanding the Interagency Agreements
The new agreements are built on a legal tool called an interagency agreement, authorized under the Economy Act. This statute allows one federal agency to contract with another to perform services. The Department of Education emphasizes that these agreements do not transfer or end any statutory duties assigned by Congress. The legal rights students and parents hold under existing statutes remain unchanged.
The Department of Education retains all its statutory authorities and functions. In the civil rights partnership, the agencies state that enforcement of federal civil rights laws will continue without interruption. Similarly, the administration of special education services will not alter the federal government’s obligation to enforce disability rights laws.
Special Education Moves to Health and Human Services
Under the new partnership, HHS will support the administration of the Office of Special Education and Rehabilitative Services (OSERS). This move aims to reduce bureaucratic friction and better coordinate disability services currently split across two government departments. Secretary of Education Linda McMahon framed the partnership around improving outcomes for individuals with disabilities, stating, “Through our partnership with HHS, we will align federal services with the goal of strengthening academic outcomes and supporting individuals with disabilities so that they can achieve greater independence, key life skills, and meaningful employment.”
HHS Secretary Robert F. Kennedy, Jr. added that the two agencies would “cut bureaucratic barriers, better align federal resources, and deliver more effective support for individuals with disabilities and their families.” The administration has also proposed a significant funding increase for special education programs, including a Fiscal Year 2027 budget request for more than half a billion dollars above the prior special education appropriation and a recently announced $144 million boost for state and local IDEA programs.
One conceptual concern raised by advocates is the philosophical shift in treating disability as an education matter rather than a medical condition. Housing the administration of special education inside a health agency makes this boundary worth monitoring, even though the statute itself remains unchanged.
Civil Rights Enforcement Moves to Department of Justice
The Department of Justice will take on a coordinating role in civil rights enforcement alongside the Education Department’s Office for Civil Rights (ED-OCR). This partnership builds on existing collaboration between the two agencies, which have shared a coordinated enforcement agreement for more than two decades. Acting Attorney General Todd Blanche said the partnership aims to “build a stronger, more coordinated civil rights enforcement system — one that makes clear that discrimination on the basis of race, sex, or ability will not be tolerated in our schools.”
DOJ will also partner with ED on student privacy under FERPA and on the training and advisory services that help school districts develop desegregation plans. Many actions against colleges and individual fraudsters come from this partnership, highlighting its importance in ensuring educational equity.
Impact on Families Moving Forward
For parents and students, the practical answer right now is to handle issues the same way they always have. The Department’s civil rights fact sheet is explicit that the partnership “will not impact students, parents, or families who believe they have experienced discrimination.” Anyone who believes discrimination occurred in an education program can still file a complaint with ED-OCR, which retains authority to investigate complaints based on race, color, national origin, sex, disability, or age.
The same continuity applies to special education. IEPs and 504 plans are written and enforced at the school and district level under federal law. A change in which federal agency provides back-office administration does not rewrite a child’s plan or remove a school or district’s legal obligations. The open questions are about execution and oversight, not rights. Splitting closely related functions across agencies can fragment coordination, slow guidance, and blur lines of accountability when something goes wrong.
Whether families experience faster, more responsive service or new bureaucratic seams will depend on how these agreements are implemented, a process that will take months or years to become clear.
