The U.S. Department of Education has announced plans to transfer certain civil rights enforcement functions to the U.S. Department of Justice. This move has raised concerns about whether the Office for Civil Rights (OCR) can continue handling its responsibilities effectively.
According to senior Education Department officials, the new interagency agreement is designed to strengthen enforcement of federal civil rights laws through closer collaboration between the two agencies. Officials say this coordinated approach could improve efficiency.
The announcement is part of a broader effort by the Education Department to reduce bureaucracy and shift some responsibilities to other federal agencies. This restructuring aligns with the department’s long-term plan to decentralize certain functions.
Education officials emphasized that the department’s primary mission remains focused on returning greater control of education to individual states while streamlining federal oversight.
Education Department Expands Partnership With Justice Department
The Education Department entered into three new interagency agreements with the Justice Department in June. These agreements will transfer several key enforcement and investigative functions to the DOJ.
One major change involves civil rights investigations and enforcement. OCR will now refer civil rights complaints to the Justice Department for evaluation, investigation, and potential resolution.
The Justice Department will also provide advisory and technical support to school districts and state agencies, particularly in areas related to school desegregation and compliance planning.
Additionally, DOJ will play a larger role in student privacy enforcement, including reviewing complaints related to privacy law violations and recommending solutions where necessary.
Key Civil Rights Responsibilities Moving to DOJ
The Justice Department’s expanded responsibilities will include handling complaints tied to important federal laws governing education and civil rights protections.
These areas include 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.
The department will also assist with investigations involving privacy protections such as the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment.
This shift could significantly impact how schools respond to civil rights complaints, student privacy concerns, and regulatory compliance obligations moving forward.
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Education Department Retains Oversight and Final Authority
Despite transferring certain enforcement functions, the Education Department will continue managing statutory and regulatory oversight. The Office for Civil Rights will remain under the department’s leadership.
The department will retain authority to decide whether civil rights cases move forward through administrative enforcement or whether it sends them to the DOJ for judicial action.
It will also continue facilitating mediation, negotiating settlements, developing policy guidance, and providing technical assistance to schools and state agencies.
Officials noted that many details of the agreement are still being finalized. As responsibilities are clarified, schools and education leaders will closely watch how these changes affect compliance and civil rights enforcement nationwide.
