ACLU: Dismantling of Core Civil Rights
and Education Offices is Violation of Laws
Only Congress Can Change
WASHINGTON – (ACLU) -- 11/20/2025 -- The U.S. Department of Education announced on Nov. 18 that it will transfer critical work to other federal agencies — an unprecedented move that undermines the department’s core mission and threatens students’ civil rights. This action represents a deliberate attempt to dismantle the agency from within, despite the fact that only Congress has authority over the department.
“The Trump administration claims core education programs can be carried out elsewhere, yet it has offered no explanation for how agencies like Labor, Interior, Health and Human Services, or State will uphold the education access requirements Congress explicitly entrusted to the Department of Education,” said ReNika Moore, director, ACLU Racial Justice Program. “Federal law requires these programs to remain within the Department of Education, and transferring them through interagency agreements violates that mandate.”
These offices, staffed by career professionals with deep knowledge of how to best serve students and educators, are responsible for administering K-12 and higher education programs, supporting Native students, and safeguarding the rights of students with disabilities.
Although the plan calls for Labor to administer K-12 programs that are “better aligned with workforce and college programs,” it is silent concerning the continued administration of congressionally mandated funding programs for school districts to develop high quality curriculum, provide accommodations and services for children with disabilities, help children meet state academic content and performance standards, provide before- and after-school programs, reduce class sizes, improve graduation rates, expand the availability of pre-schools, provide mental health supports, implement language instruction to assist English learners, and provide education to migratory students.
The removal of these critical offices from the department guts the structure Congress established in 1979 to guarantee that students, regardless of race, national origin, sex, or disability, receive fair and equitable opportunities to learn.
“Secretary McMahon is violating laws that only Congress can change. By transferring these offices across agencies that lack the expertise to lead education policy, the administration is breaking the law, eliminating academic supports to close education achievement gaps, deliberately weakening civil rights oversight, and putting millions of students at risk,” said Kimberly Conway, ACLU senior policy counsel and former attorney advisor with Department of Education’s Office for Civil Rights. “Congress must immediately intervene to halt this unlawful restructuring, safeguard the integrity of the department’s civil rights and education offices, and demand that the department comply with the law and keep its central role in ensuring equal educational opportunity for every student."
