The U.S. Department of Education’s top special education official unexpectedly resigned just as the agency is putting plans in motion to outsource many responsibilities related to supporting students with disabilities.
Kelly Rogers, acting assistant secretary for the Office of Special Education and Rehabilitative Services, or OSERS, told staffers Wednesday that she will be leaving the department Friday.
The announcement comes the same week that the Education Department is moving over 100 OSERS staffers to the Department of Health and Human Services. At the same time, 57 employees in the Education Department’s Office for Civil Rights are slated to relocate to the Department of Justice next week, according to the American Federation of Government Employees Local 252, a union that represents Education Department workers.
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The staff moves make good on interagency agreements announced in June to shift many special education functions to the health agency and certain civil rights work to the Justice Department.
Rogers had indicated in July that OSERS staff would move to HHS while she continued to supervise them from her perch at the Education Department “with additional support by HHS.”
It’s unclear what will happen now that Rogers is returning home to Florida.
“While I am stepping away, I remain confident in the team’s ability to continue moving forward with strengthened outcomes for individuals with disabilities through the HHS partnership,” she wrote in an email to staffers announcing her decision to resign that was obtained by Disability Scoop. Rogers has been on the job since May.
Education Department officials did not respond to questions about who will take over for Rogers, whether that person will be part of the Education Department or HHS or how Rogers’ departure will impact plans for OSERS, but the agency is pushing ahead with the staff relocations nonetheless.
“ED is excited to take this next step in our partnerships as we work in pursuit of better outcomes for students with disabilities and bolstered civil rights enforcement in schools and on campuses across America,” an Education Department spokesperson told Disability Scoop.
Disability advocates, who have widely opposed any efforts to break up the Education Department, said the decision to relocate staffers is a troubling sign.
“It is deeply disturbing that OSERS staff are being physically moved to HHS this week and OCR staff are being moved to DOJ,” said Stephanie Smith Lee who served as director of the Education Department’s Office of Special Education Programs under President George W. Bush and is now co-director of policy and advocacy at the National Down Syndrome Congress. “The administration claims that dismantling the Department of Education will lead to reduced bureaucracy. In fact, the opposite will occur as states, schools and families will need to deal with multiple agencies for guidance, funding and regulatory issues and we lose the current collaboration among offices.”
Rogers’ departure only adds to the worries, said Chad Rummel, CEO at the Council for Exceptional Children.
“Having the OSERS leader step down during this transition from the Department of Education to HHS adds chaos and uncertainty, raising concerns among educators, families and advocates,” he said. “Department of Education staff should be focusing on supporting educators, strengthening special education and improving outcomes for students with disabilities, rather than getting bogged down in reporting structures, internal agreements and unclear priorities.”
Beyond the OSERS and OCR changes this month, union officials said that nearly 180 Education Department staffers were transferred to four different agencies this summer.
Separately, the Education Department is starting the process of moving its headquarters to a smaller building. Additional offices are expected to move to the new headquarters or to other federal agencies in the coming months, according to the union.
The Education Department agreements are proceeding even as Congress is considering legislation to halt the changes. The Senate Health, Education, Labor and Pensions Committee advanced a bill in July to block the Education Department from transferring or entering into an agreement with another agency to take over OSERS. A similar bipartisan proposal was recently introduced in the House of Representatives.
“OSERS staff are moving to HHS now, and basic questions remain about who will be in charge and how this will work in practice,” said Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities. “We continue to urge Congress to stop these transfers.”
