The U.S. Department of Education’s decision to transfer its special education and civil rights offices is likely to cause confusion and disarray, advocates warn, as a key Senate panel considers a vote to block the move.
The Education Department said last week that many responsibilities of its Office of Special Education and Rehabilitative Services, or OSERS, will go to the Department of Health and Human Services while much of its Office for Civil Rights, or OCR, which handles complaints of disability discrimination in schools, will shift to the Department of Justice.
The plans, which have been in the works for more than year, are part of the Trump administration’s effort to close the Education Department. However, without approval from Congress, the Education Department is using what are known as “interagency agreements” or IAAs to offload management of major functions while retaining statutory responsibilities.
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More than 600 disability, civil rights and education groups are speaking out against the plans.
“These agreements undermine the core foundation of federal disability, education and civil rights policy and implementation,” the groups said in a joint statement calling for Congress to reject the transfers. “Congress intentionally built an education and vocational rehabilitation continuum that supports individuals with disabilities from early intervention through school, postsecondary education and employment. Moving OSERS to HHS and OCR to DOJ dismantles this coordinated and cohesive approach and threatens decades of progress advancing educational, employment and civil rights outcomes for students with disabilities.”
At least some federal lawmakers appear to share the concerns. Sen. Bill Cassidy, R-La., who chairs the Senate’s Committee on Health, Education, Labor and Pensions, said his panel will vote in July on a measure spearheaded by Sen. Tim Kaine, D-Va., to stop the Education Department from sending special education responsibilities to HHS.
“I agree that that should not be moved to HHS,” Cassidy said at a committee meeting this month. If the Education Department is to transfer special education to another agency, he said he thinks it should be the Department of Labor where other key K-12 functions have been moved.
Kaine said he believes his effort to block the move to HHS could garner support from members of both parties.
However, if the Education Department changes proceed as planned, advocates say they will bring tremendous uncertainty for students with disabilities.
“While there are not immediate concerns for the delivery of a free appropriate public education, the future for students with disabilities is unclear, as we have no blueprint for how compliance with (the Individuals with Disabilities Education Act) will be ensured under HHS,” said Chad Rummel, CEO of the Council for Exceptional Children. “The system that ensures students get the support they need requires leadership and expertise in education, and we are unclear how that will be provided under the health department.”
In addition, shifting civil rights responsibilities to the Justice Department is problematic on a number of levels, said Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities.
“The immediate concern is confusion and delay. Families need to know where to turn when a student’s civil rights are violated, who is responsible for investigating a complaint, and whether the people handling it understand how schools actually operate,” she said. “We are also deeply concerned that involving a law-enforcement agency could discourage some families, particularly those from marginalized communities, from filing complaints at all. Even the perception that seeking help could expose a family to scrutiny or retaliation may have a chilling effect.”
The Education Department is working to assuage the fears.
“IDEA predates the Department of Education and will continue to exist long after,” Secretary of Education Linda McMahon wrote in an open letter to parents. “Likewise, the government’s obligation to enforce civil rights law predates the existence of the Department of Education and will continue to exist long after. No partnership can alter OSERS’ or OCR’s legal responsibilities, or the rights individuals are afforded under federal law.”
The Education Department said it will continue to be involved to ensure “seamless communication” with states and families and any school-related discrimination complaints can still be directed to the agency.
“Secretary McMahon and the entire Trump administration want to reassure parents, special education advocates and educators that the recently announced partnership with HHS does not impact the critical protections enshrined in IDEA law or the federal funding allocated for students with disabilities,” said Savannah Newhouse, press secretary at the Education Department. “Students, parents and teachers should experience no impact from this partnership — rather, this partnership is meant to streamline the bureaucracy here in Washington, D.C. to ensure teachers and local leaders can do what they do best: serve their students.”
