As reported by K-12 Dive, on June 16, 2026, the U.S. Department of Education (USDE) announced it was moving parts of civil rights enforcement functions to the U.S. Department of Justice (DOJ), increasing concern over whether the USDE’s Office for Civil Rights (OCR) will be able to properly perform its duties. In fact, the announcement adds to a number of functions that the USDE is already outsourcing to other government agencies, including specific special education responsibilities, as part of its efforts to downsize the department and reduce bureaucratic bloat through returning education to the states.
This far, the USDE has entered into three new interagency agreements with the DOJ:
-Civil rights investigations processes and enforcement: OCR will be referring civil rights complaints to the Justice Department to evaluate, investigate and resolve them. OCR may also resolve complaints based on the Justice Department’s proposed findings and resolutions.
-Advising and technical support for school districts and states, especially for desegregation: DOJ will provide technical assistance to school boards and other local entities, especially related to “the preparation, adoption, and implementation of plans for the desegregation of public schools, and in the development of effective methods of coping with special educational problems occasioned by desegregation,” according to a USDE fact sheet.
-Ensuring student privacy protections and parental access to education records: The DOJ will review complaints alleging privacy act violations, conduct related investigations and recommend resolutions, according to an agreement fact sheet. This would include investigating schools for civil rights violations related to LGBTQ+ issues like gender support plans.
The USDE has said it will continue to be responsible for statutory and regulatory oversight, and will continue to manage and lead OCR. It will also:
-Make final decisions on whether to pursue civil rights cases for administrative enforcement or refer cases to DOJ for judicial enforcement.
-Facilitate mediation and negotiate settlements.
-Develop policy guidance procedures.
-Provide technical assistance to schools and states.
-Administer the Civil Rights Data Collection.-Manage and lead the Student Privacy Policy Office.
-Have final say over the resolution of SPPO-related cases.
The USDE did not specify whether all or specific types of civil rights complaints will be referred to the DOJ for evaluation, investigation, and resolution processes and the two agencies are still working on ironing out many of the details involved. Nonetheless, the agreement made available publicly shows that the DOJ will be helping OCR with investigations in its core areas, including: Title IX, Title VI, Section 504, Title II of the Americans with Disabilities Act, the Age Discrimination Act, and the Boy Scouts of America Equal Access Act.
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