On June 16, 2026, the U.S. Department of Education (ED) announced new interagency agreements (IAAs), partnering with the Department of Health and Human Services (HHS) for the administration of the Individuals with Disabilities Education Act (IDEA) and with the Department of Justice (DOJ) for enforcement of civil rights in the educational context. These IAAs are in addition to the previous 10 IAAs that ED has entered into as a part of the Administration’s effort to reduce the footprint of the Department of Education, and ultimately, eliminate the Department.
Under the Department of Education Organization Act (DEOA), Congress assigned the legal authority for the IDEA and civil rights enforcement in education to ED. Therefore, ED cannot completely eliminate its statutory responsibilities through the IAA—it needs Congress to change the law. However, ED can change how the day-to-day implementation plays out, where staff are located, and how decisions are made. That’s where these IAAs come in.
Ultimately, it remains to be seen how much of a change school systems will see in their interactions with ED’s program offices that manage these programs. Anecdotally, we have heard that prior IAAs have had minimal impact on school systems. When the ED and Department of Labor (DOL) IAAs were signed, there were significant concerns from advocates and stakeholders related to whether there would be delays in disbursement of grant funds, confusion regarding points of contact, or potential inaccurate technical assistance and responses from the federal level. However, at least in terms of career and technical education programs that were transferred to DOL, services have not been delayed, but rather, there are more points of contact for grantees and grants are being announced on multiple platforms. We hope that, at most, that’s what we see related to the IDEA. Based on what we have seen so far related to civil rights, we expect an increase in enforcement action against school districts and states by ED and DOJ. Below we provide more information about what’s in the IAAs.
ED and HHS
Under the IAA between ED and HHS, the following programs are being transferred to HHS, but overall supervision remains with ED:
- Formula grant program components and discretionary grant program components authorized under the Individuals with Disabilities in Education Act (Part B, Part C, and Part D)
- Formula grant program components and discretionary grant programs components authorized under the Rehabilitation Act of 1973
- Randolph-Sheppard Vending Facility Program
- Vocational Rehabilitation Disability Innovation Fund
- Program components authorized under the Special Olympics Sport and Empowerment Act of 2004
- Program components authorized under the Education of the Deaf Act of 1986, including the National Technical Institute for the Deaf
- Program components authorized under the Helen Keller National Center Act
- Program components relating to the American Printing House for the Blind
- Gallaudet University
According to the ED Office of Special Education and Rehabilitative Services (OSERS) and HHS Fact Sheet, available here, OSERS will remain ultimately responsible for the IDEA programs. However, HHS “will support meaningful stakeholder outreach; grant administration; enforcement, compliance, and monitoring activities; annual performance determinations and assessments; collection, reporting, and analyzing of data for monitoring compliance; and drawdowns of Federal funds. All Fiscal Year 2026 grant awards, and supplemental awards, will be awarded through ED’s G5 system. Subsequent grant awards will be awarded and managed through HHS’s GrantSolutions and Payment Management System.” Therefore, grantees won’t see a change in how they receive their FY 2026 funds, but they will see changes in subsequent years, as the implementation moves over to HHS’s systems.
The Fact Sheet also details that “ED-OSERS will manage and lead OSERS programs and activities; coordinate the execution of cross-functional priorities; coordinate clearance of policy and grant documents; manage the resolution of matters requiring the exercise of final and conclusive authority that has been assigned by statute to the Secretary of Education; and provide technical assistance and meaningful stakeholder outreach to ensure that ED and HHS work jointly with members of the disability community, including individuals with disabilities and their families, to improve outcomes for infants, toddlers, children, youth, and adults with disabilities.”
ED and DOJ
There are three new IAAs between ED and DOJ. Under the Civil Rights IAA, according to the Fact Sheet, available here, the IAA, “will not impact students, parents or families who believe they have experienced discrimination. Anyone who believes discrimination has occurred in an education program or activity may file a complaint with ED-OCR. ED-OCR has the authority to investigate complaints of discrimination based on race, color, national origin, sex, disability, or age. Students, parents, and advocates who believe they have been discriminated or retaliated against may file an electronic complaint, accessible on ED-OCR’s website. ED-OCR enforcement staff remain available to answer questions regarding the status of any filed complaints.”
It remains to be seen, but we predict that we will see a continued increase in enforcement proceedings (including withholding of funds), rather than a collaborative approach, now that DOJ is playing an increased role in civil rights enforcement. For example, ED and DOJ have already announced that they will “take appropriate enforcement measures, including applicable judicial proceedings and potential loss of federal funding” in Kansas City, Kansas Public School District as a result of their failure to come into voluntary compliance with the Federal Educational Rights and Privacy Act (FERPA) because of their policy related to informing parents of their child’s transgender status at school. The Civil Rights Fact Sheet did not detail the responsibilities that each agency would have under the IAA.
Under the Student Privacy IAA, according to the Fact Sheet, available here, “DOJ will review complaints alleging privacy violations, conduct necessary investigations and recommend potential resolutions. ED will continue to perform the management and leadership of SPPO, and will have final authority over the resolution of matters, including making final determinations with respect to any enforcement decisions, programs, policies, practices, and personnel decisions.”
Under the Training and Advisory Services IAA, according to the Fact Sheet, available here, “In coordination with ED, DOJ will provide technical assistance in the Training and Advisory Services program components authorized under 42 U.S.C. § 2000c-2 [Technical assistance in preparation, adoption, and implementation of plans for desegregation of public schools], intended to provide technical assistance at the request of school boards and other responsible governmental agencies in 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. Through ED leadership, ED will continue to manage the overall technical assistance authorized under 42 U.S.C. § 2000c-2, coordinate all related policy guidance, rulemaking, Federal Register notices, budget justifications, and exercise authority in all matters assigned by statute to the Secretary of Education . . . Eligible entities currently receiving technical assistance should expect to receive support from DOJ on their desegregation efforts moving forward.”
MABE remains committed to supporting special education students and students’ civil rights. We will continue to monitor the implementation of these IAAs, in addition to other Federal education developments, and provide timely updates for our members.
If you have any questions, please feel free to reach out to MABE Government Affairs Associate Jessica Goff.