# Federal special education oversight shifts in Education Dept overhaul  
**Published:** 2026-06-16T22:28:23.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/16/repub/special-ed-civil-rights-to-be-shifted-out-of-trumps-shrinking-department-of-education/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/federal-special-education-oversight-shifts-in-education-dept-overhaul

The Trump administration announced Tuesday that it is shifting federal oversight of special education and civil rights enforcement away from the Department of Education, continuing an [aggressive effort to dismantle the agency](https://nebraskaexaminer.com/2026/06/16/repub/special-ed-civil-rights-to-be-shifted-out-of-trumps-shrinking-department-of-education/).

The Department of Health and Human Services will assume administration of special education programs under the Education Department's Office of Special Education and Rehabilitative Services, while the Department of Justice will take over civil rights enforcement. The moves follow 10 earlier interagency agreements that have already transferred multiple Education Department functions to other federal agencies.

Education Secretary Linda McMahon said the administration is "scaling back federal micromanagement when it hinders success" while remaining "equally committed to bolstering the efficacy of federal oversight where it is essential." The department said it conducted more than six months of listening sessions with families, advocates and educators about the special education transition.

The Office of Special Education and Rehabilitative Services manages billions of dollars in grants and oversees state compliance with the Individuals with Disabilities Education Act, which guarantees a free public education for students with disabilities. Under the agreement, the Education Department said students "will not lose any rights, including their right to a free appropriate public education."

In Nebraska, schools spent $570 million on special education services in 2020-21, with 5 percent coming from federal funds through IDEA. Nebraska recently increased its reimbursement rate to 80 percent of special education costs starting this school year, up from 40 percent previously.

The announcement prompted fierce criticism from Democratic lawmakers and education advocacy groups. "This isn't efficiency — it's chaos," said Rachel Gittleman, president of the American Federation of Government Employees Local 252, which represents Education Department workers. Randi Weingarten, president of the American Federation of Teachers, said the decision "will have dire, real-world consequences" and vowed legal challenges.

Sen. Patty Murray of Washington, the top Democrat on the Senate Appropriations Committee, called the move "an outrageous betrayal that undoes decades of hard-won progress for students." Only Congress can formally abolish the Education Department, which it created in 1979.

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/16/repub/special-ed-civil-rights-to-be-shifted-out-of-trumps-shrinking-department-of-education/)
- [Open Sky Policy article on special education funding in Nebraska](https://openskypolicy.org/how-it-works-special-education-funding-in-nebraska/)
- [KCUR/Nebraska Public Media article on Nebraska special education funding changes](https://www.kcur.org/2024-12-18/nebraska-education-officials-encourage-inclusion-for-special-education-can-schools-make-it-work)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 2 web searches. The original source is available at https://nebraskaexaminer.com/2026/06/16/repub/special-ed-civil-rights-to-be-shifted-out-of-trumps-shrinking-department-of-education/.