With a pair of new hires and recent comments, advocates say the Trump administration appears to be actively laying the groundwork to transfer special education out of the U.S. Department of Education.
Secretary of Education Linda McMahon told a group of disability advocates she met with last month that she’s committed to proceeding with plans to move special education oversight to another federal agency.
“The secretary was cordial but very clear that she intends to move all of the department offices to other agencies and close the department. She indicated that it had not been determined whether the Office of Special Education Programs would be moved to the Department of Labor or the Department of Health and Human Services,” said Stephanie Smith Lee, co-director of policy and advocacy at the National Down Syndrome Congress, who served as director of the Education Department’s Office of Special Education Programs under President George W. Bush.
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Lee and advocates from several other disability organizations who are part of the Consortium for Constituents with Disabilities’ Education Taskforce participated in the meeting with McMahon and Assistant Secretary for the Office for Civil Rights Kimberly Richey.
McMahon told the group that the Office of Special Education Programs, which administers funding and oversees implementation of the Individuals with Disabilities Education Act, will be moved as a whole, but that no agreement had been signed and she did not provide any timeline, according to Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities, who was also present. McMahon did not share details about plans for the Rehabilitation Services Administration, which handles vocational rehabilitation, Rodriguez said.
Now, however, there are signs that a move could be taking shape, advocates say.
Earlier this week, the Administration for Community Living at HHS announced that it has hired Diana Díaz-Harrison, who had been serving as deputy assistant secretary of the Education Department’s Office of Special Education and Rehabilitative Services, or OSERS, as well as Rebecca Hines, who had been an associate professor of special education at the University of Central Florida. Rebecca Hines’ sister Cheryl Hines is married to HHS Secretary Robert F. Kennedy Jr.
“Those moves seemed to indicate that programs for students with disabilities will move to HHS,” said Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, or COPAA, a nonprofit that advocates for the rights of students with disabilities and their families.
Officials with the Education Department declined to comment on the current status of special education. HHS also did not respond to questions about whether an agreement is in the works to take on the program.
President Donald Trump said last March that he would move oversight of “special needs” programs to HHS as part of his broader effort to shutter the Education Department. But, officials with HHS and the Education Department have been short on details since then.
Special education was not directly affected when the Department of Education announced in November that it would enter into six agreements with four other federal agencies to “co-manage” several programs related to K-12, postsecondary education and more. Agency officials said at that time that they were still “exploring” options for both OSERS — which houses the Office of Special Education Programs and the Rehabilitation Services Administration — and the Office for Civil Rights, which handles disability discrimination complaints.
Disability advocates who attended the recent meeting said they welcomed the opportunity to meet with McMahon, something that had not happened previously, but they remain concerned that breaking up the Education Department will adversely affect students with disabilities.
“The secretary made sure she heard from everyone and stated several times that she appreciated hearing from people who know students with disabilities best, as she did not have that past experience or knowledge,” Marshall said. “I felt that she did hear the message, though the actions that follow, and whether they indicate understanding and value for the potential of every student, still remains to be seen.”
