WASHINGTON, D.C. — The Trump administration announced an agreement to transfer the investigation of some civil rights complaints from the Education Department to the Justice Department. The agreement will also transfer student privacy oversight and training services to it. Education Secretary Linda McMahon stated that the agreement would provide more responsive and coordinated enforcement of civil rights laws.

Under the terms of the agreement, the Education Department will retain congressional funding, employee hiring authority, and final policy jurisdiction. It will also continue to receive civil rights complaints and can refer cases to it for investigation. The department will make final determinations on investigations and decide whether to refer complaints to it for judicial enforcement. Complainants and educational institutions will receive notification when a complaint is referred to it.

It can request that the department refer specific complaints to them. The agreement permits it to facilitate mediation or negotiate settlements if both agencies consent. Administration officials stated that the partnership builds on existing coordination between the agencies that has been in place for two decades. The department will reimburse it for expenses related to investigative activities.

Beth Gellman-Beer, a former Office for Civil Rights attorney, commented on the transfer. "The Department of Justice's primary vehicle is litigation, and it's an important vehicle because they make big points through big cases that other schools pay attention to. They change their practices based on those big cases." Gellman-Beer said.

Kenneth Marcus, chairman of the Louis D. Brandeis Center for Human Rights, offered a different perspective. "If done right, this partnership could mark a critical step forward for students whose rights have too often gone unprotected on campuses across the country, including Jewish students facing antisemitic discrimination and harassment." Marcus said.