Washington Update

Some Civil Rights Enforcement to Move to Justice Department

A fact sheet released this week by the Trump Administration outlined the details of another significant transfer of responsibility out of the Department of Education. According to the document, some of the Department’s civil rights responsibilities – one of the few functions that remains at the agency – will be transferred to the Department of Justice (DOJ).

While details of the arrangement are limited, the Department plans to implement the transfer via an interagency agreement similar to those used to transfer other programs and activities previously administered by the agency to other federal agencies.

According to the Department, DOJ’s primary role in the partnership will be to provide technical assistance for schools seeking help with civil rights compliance and school desegregation efforts. The Department will retain responsibility for other civil rights responsibilities, including policy guidance, rulemaking, budget justifications, and overall management of the technical assistance activities.

The announcement follows significant staffing reductions in the Department’s Office of Civil Rights and has raised additional concerns about the government’s capacity to oversee civil rights enforcement in education. It also represents another step in President Trump’s broader effort to dismantle the Department.


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Jody Feder

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