86 House Democrats Demand the Trump Administration Abandon Illegal Plans to Dismantle Civil Rights and Special Education Offices

86 House Democrats Demand the Trump Administration Abandon Illegal Plans to Dismantle Civil Rights and Special Education Offices

WASHINGTON - Eighty-six House Democrats called on the Department of Education to immediately abandon its plan to transfer the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) to the Department of Justice (DOJ).

In their letter, the Members argue that the Trump Administration's plan to dismantle OCR and OSERS through Interagency Agreements (IAAs) is unlawful because Congress established both offices and only Congress has the authority to eliminate them or alter their responsibilities.

"The law is clear: Congress created OCR and OSERS and Congress alone can eliminate them. The use of Interagency Agreements to accomplish your 'final mission' - to eliminate the Department in all but name - is counter to the will of Congress and rests on questionable legal ground. Even Congressional Republicans have expressed reservations and attempted to keep money appropriated to the Department within the Department, rather than being outsourced through IAAs…," wrote the Members.

Beyond legal concerns, the Members warned that transferring OCR and OSERS functions would weaken services for students, families, and individuals with disabilities because DOJ and HHS are ill-equipped to carry out the offices' core functions.

"The movement of OCR and OSERS also disrespects the very people who rely on those services. Specifically, these moves effectively segregates special education from the rest of the education system, moving it to an agency that has indicated it intends to treat disabilities as a health issue to be remedied, against the wishes of groups that advocate on behalf of disabled children and their families. Such action is particularly concerning given the inaccurate and harmful comments from the HHS Secretary regarding children diagnosed with autism. Comments such as these will leave those relying on special education services fearful about whether their rights will be upheld and their needs met. Regarding OCR, given the sensitive nature of many of the cases it handles, victims may be hesitant to seek support knowing the investigation will be run by the nation's primary law enforcement agency. Such delays may cause cases of discrimination to fester and worsen while sending the wrong message to vulnerable communities," concluded the Members.

In February 2026, the Government Accountability Office (GAO) reported that ED paid OCR investigators up to $38 million not to work.

In April 2026, the Senate HELP Committee released a report that in 2025, OCR reached zero resolution agreements involving sexual harassment, sexual violence, seclusion or restraint, racial harassment, or discriminatory school discipline - despite more than 2,700 pending cases.

The letter is signed by: Representatives Robert C. "Bobby" Scott (VA-03), Alma S. Adams (NC-12), Suzanne Bonamici (OR-01), Pete Aguilar (CA-33), Yassamin Ansari (AZ-03), Jake Auchincloss (MA-04), Becca Balint (VT-AL), Donald S. Beyer (VA-08), Brendan F. Boyle (PA-02), Greg Casar (TX-35), Sean Casten (IL-06), Joaquin Castro (TX-20), Judy Chu (CA-28), Steve Cohen (TN-09), J. Luis Correa (CA-46), Joe Courtney (CT-02), Angie Craig (MN-02), Jasmine Crockett (TX-30), Danny K. Davis (IL-07), Madeleine Dean (PA-04), Mark DeSaulnier (CA-10), Maxine Dexter (OR-03), Debbie Dingell (MI-06), Veronica Escobar (TX-16), Adriano Espaillat (NY-13), Cleo Fields (LA-06), Shomari Figures (AL-02), Bill Foster (IL-11), Lois Frankel (FL-22), John Garamendi (CA-08), Jesús G. "Chuy" García (IL-04), Robert Garcia (CA-42), Daniel S. Goldman (NY-10), Maggie Goodlander(NH-02)Adelita S. Grijalva (AZ-07), Jahana Hayes (CT-05), Steny H. Hoyer (MD-05), Sara Jacobs (CA-51), Henry C. "Hank" Johnson (GA-04), Robin L. Kelly (IL-02), Timothy M. Kennedy (NY-26), Ro Khanna (CA-17), Rick Larsen (WA-02), John B. Larson (CT-01), Summer L. Lee (PA-12), John W. Mannion (NY-22), Lucy McBath (GA-06), Betty McCollum (MN-04), Kristen McDonald Rivet (MI-08), Morgan McGarvey (KY-03), Robert Menendez (NJ-08), Dave Min (CA-47), Gwen Moore (WI-04), Kelly Morrison (MN-03), Kevin Mullin (CA-15), Jerrold Nadler (NY-12), Donald Norcross (NJ-01), Eleanor Holmes Norton (DC-AL), Ilhan Omar (MN-05), Chris Pappas (NH-01), Brittany Pettersen (CO-07), Mark Pocan (WI-02), Nellie Pou (NJ-09), Mike Quigley (IL-05), Delia C. Ramirez (IL-03), Emily Randall (WA-06), Linda T. Sánchez (CA-38), Mary Gay Scanlon (PA-05), Janice D. Schakowsky (IL-09), Kim Schrier (WA-08), Terri A. Sewell (AL-07), Haley M. Stevens (MI-11), Marilyn Strickland (WA-10), Mark Takano (CA-39), Shri Thanedar (MI-13), Bennie G. Thompson (MS-02), Mike Thompson (CA-04), Dina Titus (NV-01), Rashida Tlaib (MI-12), Paul Tonko (NY-20), Lori Trahan (MA-03), Lauren Underwood (IL-14), Nydia M. Velázquez (NY-07), Maxine Waters (CA-43), Bonnie Watson Coleman (NJ-12), and Frederica S. Wilson (FL-24).

To read the full letter, click here.

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