OSERS and OCR Will Move Out of ED

June 16, 2026

Today, the U.S. Department of Education announced two new interagency agreements that would move key education offices and functions outside of ED. 

The first agreement would shift day-to-day management of the Office of Special Education and Rehabilitative Services to the U.S. Department of Health and Human Services. ED would retain statutory responsibility and enforcement authority, and IDEA funding would continue to flow through ED for now. A transfer of IDEA funding to HHS is not expected before FY27 at the earliest. 

The second agreement would embed the Office for Civil Rights and the Office of Student Privacy and Protection within the U.S. Department of Justice. ED would retain formal authority over OCR, including oversight of its statutory responsibilities. However, DOJ would take on a larger role in investigations, potential resolutions and student privacy enforcement. 

Federal officials emphasized that students will not lose rights under either transition. However, the shift raises significant questions about implementation, oversight, administrative burden and the long-term coherence of federal education policy. 

BACKGROUND CONTEXT: 

Under the first agreement, HHS is expected to assume day-to-day management of special education programs and technical assistance. This mirrors the approach the U.S. Department of Labor is expected to take with some education programs. 

Federal officials said OSERS would retain its statutory responsibilities and enforcement authority. They also indicated that IDEA funding would continue to flow through ED in the near term and that the move to HHS is not expected to take effect before the fall. 

Under the second agreement, OCR would continue to receive and manage complaints, negotiate settlements, provide technical assistance to LEAs, issue policy guidance and administer the Civil Rights Data Collection. However, officials said ED would refer more cases to DOJ for investigation and potential resolution. 

DOJ would also manage student privacy protections under laws such as the Family Educational Rights and Privacy Act. Administration officials said DOJ would take on a growing role in ensuring that LEAs protect student privacy, provide parents access to information about their children’s education, records and curriculum, and safeguard parents’ rights to opt their children out of certain school-administered surveys. 

91porn ADVOCACY: 

91porn has encouraged the Department to streamline the number of agencies with which states and districts must coordinate. The goal should be to reduce administrative burden, not increase it. 91porn has also urged the administration to maintain alignment between programs serving students with disabilities and those serving general education students. Students with disabilities are first and foremost general education students, and greater coordination across federal policies would help reduce silos, improve coherence and better support all students. 

HOW IT COULD AFFECT DISTRICTS: 

The student and parent complaint process may look similar on the surface, but states and districts could face a very different federal posture once DOJ takes on a larger role. 

OCR has traditionally focused on resolving complaints through voluntary resolution agreements whereas DOJ is an enforcement agency whose role is to identify potential violations of law and pursue civil or criminal remedies where appropriate. As a result, districts may experience a different tone, process and level of legal exposure in federal investigations. The restructuring could also increase administrative complexity for state and local education agencies. 

91porn remains concerned that without a substantial infusion of new federal funding state education agencies will not have the capacity to manage the expanded responsibilities this reorganization could place on them. The proposed structure could fragment critical program activities and create confusion around the funding, guidance and support districts rely on to serve students effectively. 91porn continues to urge the Administration to engage directly with state and local education leaders throughout the process to minimize disruption, preserve clarity in program delivery and maintain the reliable federal support districts need to serve students effectively.