EDITORS/NEWS DIRECTORS:
The Trump administration's shift of special education and civil rights oversight from the Education Department to other agencies has left parents, attorneys and advocates scrambling to figure out what comes next. The Department of Justice will take on enforcement of civil rights in education, while the Department of Health and Human Services will oversee special education, administration officials announced in mid-June.
Trump campaigned on dismantling the department, although dissolving it entirely requires an act of Congress. The administration framed the latest moves — which leave the Education Department with legal authority on paper but hand over day-to-day operations — as an interagency partnership between federal agencies intended to reduce bureaucracy. A fact sheet promised that the partnership “will not impact students, parents or families who believe they have experienced discrimination.”
But some former Education Department staffers and senators on both sides of the aisle have raised concerns, especially as families grapple with existing delays. Backlogs of harassment or discrimination complaints had grown so large that some attorneys already were looking for other options. Colorado, for instance, passed a law this spring allowing state officials to handle more cases traditionally handled at the federal level.
The transfer of special education to the Health and Human Services Department has also alarmed advocates who worry that students with disabilities will now be seen more through a medical lens versus an educational one.
This guide includes key details, reporting threads and tips on finding sources and local voices.
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READ AP’S COVERAGE
Families of kids with disabilities warn Education Department changes could break a flawed system
Trump is shifting special ed, civil rights out of Education Department. Here’s what we know
Trump ramps up Education Department’s dismantling with changes on special education and civil rights
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BY THE NUMBERS: BACKLOGS AND STAFF CUTS
Backlogs in Education Department's Office for Civil Rights started before Trump took office and grew during his presidency. In April, a report from Sen. Bernie Sanders, I-Vt., found the office had reached zero resolution agreements since March 2025 over sexual harassment, sexual violence, seclusion and restraint, racial harassment or discriminatory school discipline. The report from Sanders, who caucuses with Democrats, also found more than 2,700 pending cases in those categories.
The Office of Special Education and Rehabilitative Services has shrunk by roughly a third since 2024, and the Office for Civil Rights is roughly 40% smaller. Meanwhile, in the Department of Justice, the Education Opportunities Section has shrunk by half, according to estimates provided by Justice Connection, a network of department alumni.
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CONSIDER THESE REPORTING THREADS
— What are advocates in your state doing to address the mounting backlog of civil rights cases? Are they filing the cases under state civil rights and anti-discrimination statutes? Have they asked for changes in state law to allow their states to handle more cases? How do they anticipate the federal changes could affect pending cases locally?
— Talk to attorneys with cases pending before the Office for Civil Rights. When was the last time they heard from the agency? What kinds of cases were more likely to receive responses, and what kinds were more likely to remain in limbo? When the department was resolving complaints, were they favoring fast-track mediation?
— Was the Office for Civil Rights filing sex-discrimination cases in your state over transgender bathroom policies? What do special education attorneys think about that focus? What do transgender advocates think?
— Talk to families with pending cases. What did they allege in their complaint? What is the status of their case? Have they looked elsewhere for ways to address the issues?
— Contact local superintendents and/or school boards. Ask how they're preparing for the administrative and logistical changes that may accompany the federal shift. Do they anticipate added bureaucracy by having to navigate multiple agencies?
— What do families of students with disabilities think about the transfer of special education to Health and Human Services? What do local advocates and parents see as the real-world implications of moving this work away from education experts to an agency that operates through a more clinical and medical lens?
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FINDING CASES, ADVOCATES AND FAMILY SOURCES
— OCR publishes a list of elementary-secondary and post-secondary institutions that are currently under investigation. It describes only the type of case and when it was opened. Copies of closed cases can be requested under the Freedom of Information Act. However, OCR may withhold some information. The best course is to request documents from someone with an open case.
— The Council of Parent Attorneys and Advocates has a member directory that allows for state-level searches. Reach out to an advocate or attorney.
— Contact state-level disability rights groups and ask for the names of attorneys and parent advocates.
— Look for local Facebook support groups for parents of special education students. Some state-level groups also help connect parents whose kids have disabilities like dyslexia, autism or Down syndrome. If the Facebook groups are open, read the comments. Also reach out to the administrator and see if they know of a parent with a story to share.
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REPORTING RESOURCES
— The Arc of the United States, a major disability rights group, has written about the changes on social media and urged people to oppose the move. Jackie Dilworth, director of communications, is at dilworth@thearc.org.
— The Council for Exceptional Children, an advocacy group that provides professional development, has written on social media about the change. It has local units in all 50 states. Annie Drinkard, director of publications and communications, is at adrinkard@exceptionalchildren.org.
— Education Law Center, an advocacy group, has written about the plan to dismantle the Education Department.
— The ED-OCR Alumni Collective, a group of former OCR staffers, has voiced opposition in a letter to U.S. Sens. Bill Cassidy and Bernie Sanders. More information about the group can be found here.
— The Heritage Foundation is a conservative think tank that supports dismantling the Education Department. Media contacts can be found here.
— The National Center for Youth Law has a state-by-state resource that details state civil rights laws and frameworks, including key oversight structures and pathways families and attorneys have for taking action. It also lists groups that can help you track down sources.
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