Federal officials Tuesday that the Office of Special Education and Rehabilitative Services will move to the Department of Health and Human Services, while the Office for Civil Rights will shift to the Department of Justice. It’s a decision that’s been in the making for more than a year, as the administration has attempted to dismantle the Education Department .

At a press conference Tuesday, senior department officials as new partnerships between the agencies. The officials said the changes won’t impact or reduce students’ rights, but instead improve efficiency. Senior department officials participated in the briefing on the condition that the speakers wouldn’t be identified by name. Education Secretary Linda McMahon did not take part.

Both the Office of Special Education and Rehabilitative Services and the Office for Civil Rights will retain some original functions, according to federal . But many specifics, such as staffing decisions and timelines, are still under discussion, the officials said. 

Special education advocates have protested that moving programs, including civil rights oversight, out of the Education Department will harm students with disabilities. 

In a  Tuesday, McMahon acknowledged that too many families must still fight for timely and appropriate special education services for their children. She said the changes will “break down bureaucratic barriers and strengthen the coordination of resources to improve programs.”

“It should not require herculean effort to obtain what the law guarantees,” McMahon said. “As the Trump administration scales back federal micromanagement when it hinders success, we are equally committed to bolstering the efficacy of federal oversight where it is essential.”

The Office of Special Education and Rehabilitative Services oversees the Individuals with Disabilities Education Act, a landmark set of statutes that guarantee more than 8 million children with disabilities the right to attend public school. Critics say moving responsibility to HHS means taking oversight away from experts in specialized instruction and handing it to an agency ill-equipped to administer non-medical programs.

“Moving IDEA oversight into HHS pushes students with disabilities toward a medical model, where disability is treated as a diagnosis to manage instead of a natural part of human life,” Robyn Linscott, a director at The Arc of the United States, said in a Tuesday press release. “When that mindset drives education decisions, students are more likely to be segregated, underestimated or treated as separate from the school community.”

The Education Department the special ed office already overlaps with HHS programs for people with disabilities.

The Office for Civil Rights has been a key avenue of relief for parents unable to get services for their children through complaints filed with their state, mediation, administrative hearings or due process cases. Families in states lacking local enforcement of special education complaints depend on OCR to investigate discrimination.

McMahon said in her statement that the partnership between OCR and the Justice Department will provide more responsive and coordinated enforcement of civil rights laws.

“OCR and DOJ will combine their expertise and capacity to bolster evaluation, investigation, resolution of complaints and, above all, enforce critical protections for all students,” she said.

Senior education department officials said during Tuesday’s press conference that OCR will refer complaints to the Justice Department for evaluation, investigation and resolution. The agency will still be in charge of case settlements, civil rights data collection and state assistance, and will make final determinations on whether to pursue action by referring cases to the Justice Department for enforcement.

Though McMahon said the moves will improve student and family outcomes, The American Federation of Government Employees Local 252, which represents 2,000 Education Department staffers, said the shift is breaking down government processes instead of streamlining them. 

“This isn’t efficiency — it’s chaos. Previous interagency agreements divvying up both P-12 and higher education programs to other federal agencies have led to massive delays in congressionally mandated funding and confusion for federal employees and the public alike,” union President Rachel Gittleman said in an emailed statement. “That’s an insult to the millions of students and families who rely on these services and the taxpayers who count on federal oversight to prevent waste, fraud and abuse.” 

The Trump administration is using interagency agreements to circumvent to close the Education Department, a move that House members have warned would “create inefficiencies” and “cause delays and administrative challenges.” When the Department of Labor picked up career and technical education last year, for example, some states had to wait months to access millions of dollars in funding.

The White House on Wednesday said it had “” $175 million in federal funding from the University of Pennsylvania after a transgender swimmer, Lia Thomas, in 2022 won several medals in Division I women’s swimming.

Also on Wednesday, the U.S. Education Department said its Office of Civil Rights had that the state of Maine violated federal Title IX anti-discrimination law after Katie Spencer, a young transgender pole vaulter, won a state championship last month. The department said Maine could jeopardize federal funding if it doesn’t “swiftly and completely” reverse its policies.Ìę

Protests followed after Thomas and SpencerÌębegan competing in women’s competitions and fared better than they previously had in men’sÌęevents.

The moves follow through on a promise Trump made 16 days after his second inauguration, when he issued an threatening to rescind federal funding from schools that let transgender women play on women’s sports teams

As with other aspects of Trump’s presidency, it leaves institutions in the unenviable position of caving before an increasingly aggressive White House — or fighting back in federal court, where many of the legal issues remain unsettled and, in a few cases, have actually favored trans students.

The order’s practical effect: confusion, especially in the roughly half of states that allow transgender athletes to compete in sports consistent with their gender identity. These state laws and policies now face a powerful conservative backlash that sees trans athletes’ participation at every level as patently unfair and itself, and seeks to remove them — and their accomplishments — altogether.

Leading the charge: the education department’s Office of Civil Rights, which has opened more than half a dozen investigations in two months. Along with probes of anti-semitism, trans athletic policies now dominate OCR’s investigative portfolio, despite to the office by Elon Musk’s Department of Government Efficiency.

Jackie Gharapour Wernz, a former OCR attorney who now consults for educational institutions, called the new administration’s approach “unprecedented — but it’s not even just unprecedented. It’s so much further beyond precedent that it just feels like we’re in a completely different world at this point.”

“I’ve never seen anything like this,” she said.

‘Fairness and safety’

Penn, Trump’s alma mater, late Wednesday said it had not received any notification or details of the action. But a spokesperson told the that the university “has always followed NCAA and Ivy League policies regarding student participation on athletic teams.”

A spokesperson for the Maine Department of Education did not immediately respond to a request for comment. 

As with Maine, several states are finding that adhering to their own laws can invite a federal investigation — and an abrupt cut in aid — from an administration that is comfortable calling out educators who they see as failing to protect young women in sports. 

The complexity in many ways mirrors public perception. Recent , for instance, find that while 56% of Americans support policies that protect trans people from discrimination in jobs, housing and public spaces, 66% favor laws and policies that require trans athletes to compete on teams that match their sex assigned at birth. 

“As a parent, I’m concerned about fairness and safety for my girls in sports,” said Tiffany Justice, a co-founder of Moms for Liberty and a mother of four. Allowing “biological males” to compete in women’s events, she said, “undermines the level playing field” that federal regulations were meant to protect, “given the inherent physical advantages men have.”

In 2025, the issue no longer falls entirely along ideological lines. Democratic California Gov. Gavin Newsom has said transgender athletes playing in women’s sports is “” to female athletes. 

States evenly divided

Title IX prohibits sex discrimination in education programs that receive federal funding, but whether that applies to trans students and athletics remains an open question. President Biden in 2022 put forth a sweeping set of changes protecting students against discrimination based not just on sex but on sexual orientation and gender identity, in effect making transgender students a protected class. But the proposal sidestepped the question of athletics, with administration officials at the time saying those regulations would come soon. 

They never came, and the Title IX protections for LGBTQ students have been repeatedly struck down by the courts. Biden put forth a draft rule to protect transgender athletes that acknowledged fairness issues but suggested they could be solved on a case-by-case basis. He last December in advance of Trump’s second term.Ìę

The Republican-controlled House of Representatives approved a transgender ban on women’s and girls’ sports, but the Senate a bid to consider it earlier this month, leaving educators in many states to figure it out on their own.

Add to that in federal courts that have upheld the rights of trans athletes, said Wernz, and schools are in “an incredibly tough position,” especially considering Trump’s order. 

State laws are on the subject: 23 states and the District of Columbia allow transgender students to play on sports teams consistent with their gender identity.

Five days after Trump’s executive order, , which oversees sports in public and private schools, that it was banning trans athletes from participating in girls’ sports, saying schools needed “clear and consistent direction” on the issue. For more than a decade, the group had allowed trans athletes to play via a waiver if they undertook sex reassignment before puberty or if they did hormone therapy, among other requirements.

The league, which oversees 318 schools and about 177,000 students, said just five students applied for waivers last year.

In addition to Maine and Penn, OCR is investigating state athletic associations in California and Minnesota, where officials have said they’ll continue allowing trans athletes to compete on teams that match their gender identity. On March 3, it announced an into a school district in Washington State that allowed a trans player to compete in basketball last month.

It’s also San Jose State University and the Massachusetts Interscholastic Athletic Association for what it says are violations of Title IX.

Wernz, the former OCR attorney, who worked in both the Obama and Trump administrations, said schools and districts must now decide, “‘Do we comply with the federal courts, or do we comply with the Department of Education?’ Frankly it’s a pretty new situation.” 

‘We’ll see you in court.’

To many, the case of Thomas, the Penn swimmer, has come to epitomize the current complications. In 2022, Thomas, who’d on the men’s team before transitioning in 2019, rose from 554th-ranked in the 200-yard freestyle to fifth. In the 500-yard freestyle, she rose from 65th as a male athlete to first in women’s competition.

While Penn and several teammates supported her during the process, three former Penn swimmers to remove Thomas’ achievements from the record books.

Pennsylvania’s interscholastic athletics governing body recently its policy to recognize Trump’s executive order, but the Philadelphia School District said it’ll ignore the change in favor of its own policy, adopted in 2016, which allows trans athletes to play in sports that match their gender identity. 

While a few experts say that could jeopardize an estimated $216 million in Title I funding, Philadelphia civil rights attorney noted that Trump’s executive order doesn’t carry the weight of law — or supersede Title IX, state law or multiple court decisions that have sided with trans students.

She said Trump “has been purposely sowing a lot of chaos and confusion,” with schools fearful of losing federal funds.

The push to ban trans athletes comes despite the fact that vanishingly small numbers of these students are pushing to play. Shortly after Trump issued the executive order, NCAA President Charlie Baker said the organization would to restrict female athletic competitions solely to student athletes “assigned female at birth.” Several sports associations followed suit, even though Baker last year told Congress that of the more than 500,000 students it represents, fewer than 10 are transgender.

Chris Young, the principal of , a 720-student regional school in Newport, Vt., near the Canadian border, rarely thinks about the topic. He knows that if trans female athletes in Vermont want to play girl’s sports teams, they can. Though he has no trans athletes on his roster, Vermont says treating students differently is illegal. 

In an interview, he recalled several conversations with students asking whether it’s fair that a young person who’s transitioning from male to female could gain a competitive advantage in sports. 

“My response is, ‘No one does this as a choice. It’s who they are, and it’s an incredibly difficult road to go down if you are a transgender athlete,’” he said. “‘No one chooses that because it’s easy, and no one chooses that because they want to win a state championship or set a record. That’s just not how it works.’”

But when trans athletes like Thomas win at nearly any competition, the backlash is often outsized. In Maine, Spencer, the transgender pole vaulter, in mid-February won the Class B state championship in pole vaulting with a jump of 10 feet, 6 inches — more than six inches higher than the next competitor. That led state Rep. Laurel Libby, a Republican, to post on X that in a previous season, as a male athlete, Spencer had in the event.

The issue a few days later, when President Trump got into a televised spat with Maine Gov. Janet Mills, a Democrat, during a meeting of governors at the White House. With Mills’ colleagues looking on, Trump called her out, asking if she’d comply with his executive order.

Mills said she’s “complying with state and federal laws.” Maine bars discrimination based on gender identity.

Trump responded, “We are the federal law,” and threatened to pull Maine’s federal funding. 

“We’ll see you in court,” she replied.

Later that day, the education department . Days later, the administration released a that all but foretold the outcome, saying it’s “shameful” that Mills “refuses to stand with women and girls.” 

For her part, Mills says no president can withhold funding authorized by Congress “in an attempt to coerce someone into compliance with his will.” 

In a , she added, “Maine may be one of the first states to undergo an investigation by his Administration, but we won’t be the last.”