Subject to ongoing changes

Updated: 15 Jul 2026

The Dept. of Ed is moving programs to other agencies.

Image of Department of Education building

The Department of Education (USED) is being dismantled through interagency agreements (IAAs) that shift management of Title funds, grants, and key programs from the experienced, centralized, USED to other departments and through the shuttering of offices. Most recently, USED entered into agreements to transfer the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Humans Services (HHS), impacting the administration of programs for infants, toddlers, students, and individuals with disabilities. Additionally, the responsibilities of USED’s Office for Civil Rights (OCR) will be moved to the Department of Justice (DOJ). As of July 2026, the 14 IAAs in place affect at least 144 federal programs that are collectively responsible for tens of billions of dollars in education funding. Seventy-six of the programs will move to the Department of Labor; others will go to the Department of Interior (22), State Department (12), Health and Human Services (30), Department of Justice (3), and Department of the Treasury (1).

11.9%

Average share of Illinois school district budgets from federal funding

330

Open OCR cases in Illinois as of January 2025

Impact

Programming: Relegating education to incidental status in an array of agencies with other primary objectives can reduce education as a priority, inhibit cohesive national leadership, and make it easier to decrease education funding at the federal level. Additionally, differing priorities at receiving agencies can result in drastic changes to programs and inconsistencies in program requirements. For example, TRIO’s program priorities were altered from a college focus to a college and workforce focus, shrinking program eligibility for TRIO programs by two-thirds.

Grantees: Education agencies, providers, and grantees will likely need to learn new sets of rules and procedures, and how to navigate, apply for, and receive funding across multiple agencies. Contrary to the stated goal of reducing bureaucracy, this will almost certainly increase paperwork and administrative burden at the state and local level.

OSERS: OSERS being housed in USED was the product of years of advocacy to ensure free and appropriate public education that is tailored to meet the needs of all students– including those with severe disabilities or learning difficulties. Because HHS does not hold the same level of expertise in K-12 education as USED, there are concerns that transferring OSERS will shift its priority from an education-centered to a health-centered approach. While health services are an important part of supporting some students with disabilities, they are only one component of ensuring students receive the free and appropriate public education (FAPE) to which they are legally entitled. USED is uniquely positioned to protect students’ access to that education, raising concerns that moving OSERS to HHS could weaken OSERS’ focus on ensuring educational access.

OCR: USED’s Office for Civil Rights has historically focused specifically on getting school districts to change inappropriate/illegal practices, rather than penalizing violations, a practice more common in DOJ investigations. The shift in responsibilities may result in more monetary penalties rather than systemic/programmatic shifts within districts.

Where federal education programs are going

As of July 15, 2026, the Department of Education has 14 interagency agreements in place to move at least 144 federal programs, collectively responsible for tens of billions in education funding.

Department of EducationDepartment of Labor 76Health & Human Services 30Department of Interior 22Department of State 12Department of Justice 3Department of Treasury 1
Federal programs moved from the Department of Education to other agencies via interagency agreements, as of [UPDATE DATE].
Receiving agencyNumber of programsPrograms
Department of Labor76Title funding; Rural school programs; Impact Aid; Career & Technical Education; Some competitive grant programs; TRIO and GEAR UP; Select graduate assistance programs; Teacher preparation at HBCUs / other Minority Serving Institutions; Some college & university funding initiatives
Health & Human Services30Early intervention & special education; CCAMPIS (childcare for low-income college-going parents); Full-service community schools
Department of Interior22Office of Indian Education; Support for tribal colleges & universities
Department of State12International & foreign-language education programs
Department of Justice3Civil rights enforcement; Federal privacy rights compliance & activities
Department of Treasury1Federal student aid
Total144Across 14 interagency agreements

Possible Federal Action:

  • Congress has not approved the closure or dismantling of USED and might consider putting an end to the transfer of programs and offices from USED to other agencies. Congress could instead ensure that USED is meeting congressionally required tasks consistent with Congressional intent.
  • Congress might hold public hearings with Secretary McMahon and the secretaries from the receiving agencies on the transfer of education programs through interagency agreements and require the USED and receiving agencies to demonstrate that these changes will not disrupt services or weaken accountability.
  • Congress could direct the Government Accountability Office (GAO) to investigate the legality of the 14 interagency agreements and assess USED’s authority to enter into those agreements.

Possible State Action:

  • Districts, organizations, and advocates should collect and share expected impact with members of Congress and the Illinois Attorney General’s Office.
  • Illinois state agency leaders and advocates should support school leaders and other providers to ensure they are aware of new and changing procedures.

Learn how federal changes are impacting Illinois school communities

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