USDE Transfers Some Special Ed. Functions to HHS, Increasing Agreements to Dismantle the Agency to 14 (June 18, 2026)

As reported by K-12 Dive, on June 16, 2026 the U.S. Department of Education (USDE) entered an agreement with the U.S. Department of Health and Human Services (HHS) whereby the HHS will provide administrative services to the USDE in managing and overseeing grants for early intervention and special education. The USDE will manage and lead programs currently under its Office of Special Education and Rehabilitative Services (OSERS), including coordination of policy documents, technical assistance and stakeholder outreach. HHS will also take charge of annual state IDEA performance determinations.

In all, the USDE now has 14 interagency agreements with six other federal agencies, continuing the Trump administration’s efforts to dismantle the agency and give states more authority on fiscal and policy decisions. Although the USDE is to retain statutory responsibility for the programs being outsourced, there has been significant pushback against the changes with concerns voiced with regard to the confusion that ensues as core federal education oversight is splintered. For example, programming for special education, elementary and secondary education and civil rights enforcement will now be shared among three federal agencies.

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The USDE Moves Many OCR Functions to the DOJ (June 18, 2026)

As reported by K-12 Dive, on June 16, 2026, the U.S. Department of Education (USDE) announced it was moving parts of civil rights enforcement functions to the U.S. Department of Justice (DOJ), increasing concern over whether the USDE’s Office for Civil Rights (OCR) will be able to properly perform its duties. In fact, the announcement adds to a number of functions that the USDE is already outsourcing to other government agencies, including specific special education responsibilities, as part of its efforts to downsize the department and reduce bureaucratic bloat through returning education to the states.

This far, the USDE has entered into three new interagency agreements with the DOJ:
-Civil rights investigations processes and enforcement: OCR will be referring civil rights complaints to the Justice Department to evaluate, investigate and resolve them. OCR may also resolve complaints based on the Justice Department’s proposed findings and resolutions.
-Advising and technical support for school districts and states, especially for desegregation: DOJ will provide technical assistance to school boards and other local entities, especially related to “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,” according to a USDE fact sheet.
-Ensuring student privacy protections and parental access to education records: The DOJ will review complaints alleging privacy act violations, conduct related investigations and recommend resolutions, according to an agreement fact sheet. This would include investigating schools for civil rights violations related to LGBTQ+ issues like gender support plans.

The USDE has said it will continue to be responsible for statutory and regulatory oversight, and will continue to manage and lead OCR. It will also:
-Make final decisions on whether to pursue civil rights cases for administrative enforcement or refer cases to DOJ for judicial enforcement.
-Facilitate mediation and negotiate settlements.
-Develop policy guidance procedures.
-Provide technical assistance to schools and states.
-Administer the Civil Rights Data Collection.-Manage and lead the Student Privacy Policy Office. 
-Have final say over the resolution of SPPO-related cases.

The USDE did not specify whether all or specific types of civil rights complaints will be referred to the DOJ for evaluation, investigation, and resolution processes and the two agencies are still working on ironing out many of the details involved. Nonetheless, the agreement made available publicly shows that the DOJ will be helping OCR with investigations in its core areas, including: Title IX, Title VI, Section 504, Title II of the Americans with Disabilities Act, the Age Discrimination Act, and the Boy Scouts of America Equal Access Act.

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U.S. Supreme Court Rejects Two Student Speech Cases in a Week (June 17, 2026)

The U.S. Supreme Court (Court) declined to hear two free speech cases brought against school districts within a week. Most recently, on June 15, 2026 the Court rejected a petition in E.D. v. Noblesville School District, which was brought on behalf of an Indiana high school student whose flyers promoting an anti-abortion school club’s meetups were rejected by school administrators because they contained images of students with “Defund Planned Parenthood” and other signage. The district court where the lawsuit was initially filed and the U.S. 7th Court of Appeals both decided in favor of the school district, and the Court’s rejection of the case means those decisions stay in place.

Previously, on June 8, 2026 the Court rejected another free speech case out of the U.S. 6th Circuit Court of Appeals. That case, C.S. v. Craig McCrumb, began in 2022 when a then-3rd grade student wore a black baseball cap depicting an AR-15-style rifle and the phrase “COME AND TAKE IT” to school for Wear a Hat Day. In that case, school officials believed wearing weapon imagery is never appropriate in school and they made the student remove it and the appeals court later ruled in favor of the school district.

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Report: School Nurses Face Unstable Work Conditions and Burnout and NASN Sounds Alarm (June 10, 2026)

Recently, Lynn Nelson, board president of the National Association of School Nurses (NASN), said that budget cuts are increasing the likelihood of school nurses being laid off and, as a result, only 8% of school nurses plan to stay in the education sector until they retire and 71% expect to keep working in schools for just six more years or less. The comments were made in light of according to a report released in April by Soliant Health, a healthcare staffing provider.

In addition, preliminary survey findings from the NASN show that 66% of school nurses plan to stay in schools for three to five years and, among those who planned to leave, 65% said they would retire. Such retention rate data is raising red flags about the stability of the school nursing workforce and employees’ ability to sustainably take care of students. 

In fact, it was found that current staffing shortages are the biggest factor cited by school nurses for burnout. Other contributors include student behavioral problems, high caseloads, safety concerns and administrative demands.

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FCC to Conduct Complete Review of E-Rate, Could Have Serious Affect on Disabled Kids (June 6, 2026)

According to Federal Communications Commission (FCC) Chairman Brendan Carr in a June 3, 2026 statement, increased screen time for students shows a need for action, including cutting back on screen time. As a result, Reuters reports that, as part of its review, the FCC is considering reforming or ending the three-decade-old E-Rate program altogether as part of its review.

However, calls to scale back screen time in schools have some organizations and education researchers urging a more restrained approach to the issue, including consideration regarding the quality and purpose of technology use, since many students with disabilities rely on assistive technology for learning, communication and health reasons. Thus, limiting screen time in schools could hinder access to devices that students with disabilities rely on for individualized services and accommodations.

In fact, according to the Council of Parent Attorneys and Advocates, students with disabilities have difficulty accessing the assistive technology they need could run afoul of the Individuals with Disabilities Education Act (IDEA) since under IDEA qualifying students with disabilities are guaranteed access to assistive technology if their individualized education program team determines they would benefit from certain tools, devices, and technology. In addition, students with disabilities might also qualify for accommodations and services under Section 504 of the Rehabilitation Act of 1973. Also, Title II of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities in all programs and services.

On June 25, 2026, the FCC will vote on the proposal, which will be posted for public comment on various aspects of the program.

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