For families raising children with disabilities, the federal government has long played a central role in protecting education rights. Two agencies did most of that work: the Department of Education and the Department of Justice.

That arrangement is changing.

What Is Happening

On June 16, 2026, the federal government announced a major change in how disability and civil rights protections in schools are handled. Two shifts stand out:

  • Civil rights sharing: The Department of Education signed an agreement with the Department of Justice. The DOJ’s Civil Rights Division will now help evaluate, investigate, and resolve civil rights complaints in schools.
  • Special education: The day-to-day running of special education under the Individuals with Disabilities Education Act (IDEA) is moving from the Department of Education to the Department of Health and Human Services (HHS).

One important point on that second item: by law, the Department of Education still holds ultimate responsibility for IDEA. The agreement moves the daily work, not the legal authority. Only Congress can change who is legally responsible.

Key takeaway: The laws that protect students with disabilities have not changed. What is changing is which federal agencies handle the work, and how complaints are managed.

What Is IDEA and Why Does the HHS Move Matter?

IDEA is the federal law that guarantees students with disabilities the right to a free and appropriate public education. It covers services like Individualized Education Programs (IEPs), special education classrooms, and related help such as speech and occupational therapy. It protects children from birth through age 21, or until they graduate from high school, whichever comes first.

Moving the daily work to HHS is a big structural change, but in one sense it is a return to older roots. When the special education law first passed in 1975, the Department of Education did not exist yet. It was created in 1979. Before that, this work sat under a combined federal health and education agency, which is the same agency that HHS grew out of.

Even so, advocates have raised concerns. They worry that splitting these jobs across two agencies could create a confusing patchwork for families and schools, and make it harder to know where to go when a problem comes up.

What the New DOJ Role Means

The DOJ’s Civil Rights Division has usually focused on large-scale civil rights violations that affect many people.

Its new role in schools means families may need to deal with both the Department of Education and the Department of Justice when they raise a civil rights complaint. Families can still file a complaint with the Department of Education, but the DOJ may be the agency that looks into it. The exact process is still being worked out.

Broader Changes in Civil Rights Enforcement

Alongside these moves, the federal government is shifting its overall enforcement priorities.

In the past, officials paid close attention to something called disparate impact. That means they looked at whether a policy had an unfair or unequal effect on a group, even when there was no intent to discriminate. The government is now moving away from that approach. Going forward, federal investigators will focus mostly on intentional discrimination against individuals.

Changes at the EEOC

This shift from “unequal effects” to “intentional discrimination” is not limited to schools. It is a government-wide trend.

For example, the Equal Employment Opportunity Commission (EEOC), which handles workplace discrimination, released a new National Enforcement Plan for 2025 through 2029. In it, the agency said it will step back from disparate impact cases. It also said it will focus on challenging certain diversity, equity, and inclusion (DEI) programs that it views as unlawful.

There has also been a change in who leads these agencies. The administration removed two Democratic EEOC commissioners in early 2025. More than a year later, in June 2026, the Supreme Court upheld the president’s power to remove commissioners at agencies like this without cause. That ruling confirmed the earlier removals would stand.

The EEOC handles workplaces, not schools. We mention it because it shows how broadly the federal government is reshaping civil rights enforcement, and because these changes will eventually affect adults with disabilities as they enter the workforce.

What Has Not Changed

The underlying laws are still fully in place. IDEA, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act have not been repealed or changed by Congress. What is changing is how federal agencies choose to enforce them.

What This Means for Families

For families with children in special education, the most immediate question is who to contact when something goes wrong.

A few things to keep in mind:

  • Your child’s IEP rights under IDEA are still fully protected by law.
  • Civil rights complaints about schools may now involve both the Department of Education and the Department of Justice.
  • Two North Carolina resources can help you understand your rights. The Exceptional Children’s Assistance Center (ECAC) is the state’s parent center for special education and offers free support to families (ecac-parentcenter.org, or 1-800-962-6817). Disability Rights North Carolina, the state’s protection and advocacy organization, also provides free help (disabilityrightsnc.org). For questions about state special education policy, the Office of Exceptional Children at the NC Department of Public Instruction is the state office that oversees it (dpi.nc.gov).
  • To make your voice heard, contact your elected officials. North Carolina’s U.S. Senators are Thom Tillis and Ted Budd (senate.gov). Use the House’s Find Your Representative tool and the General Assembly’s Find Your Legislators tool to reach your other representatives.

A Period of Transition

Changes this large take time to settle, and families should expect some confusion about steps and contacts in the months ahead. Staying connected to advocacy organizations and your state’s disability resources is one of the most practical steps you can take right now.

If you have questions about how these changes might affect your family’s planning picture, we are glad to think through it with you.

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This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or benefits counselor regarding your specific situation.

Sources: U.S. Department of Education, press release on new interagency agreements with HHS and DOJ (June 16, 2026), ed.gov. U.S. Equal Employment Opportunity Commission, National Enforcement Plan for Fiscal Years 2025 to 2029 (June 4, 2026), eeoc.gov. Trump v. Slaughter, No. 25-332 (U.S. Supreme Court, June 29, 2026). U.S. Department of Education, History of the IDEA, sites.ed.gov/idea.