Recent efforts by the U.S. Department of Education to delegate its special education programs and civil rights responsibilities to other federal agencies have sparked significant debate. The restructuring, part of a broader initiative by President Donald Trump’s administration to reduce the scope of the Department of Education, has drawn criticism from both former officials of the department and influential stakeholders.
In a virtual press event organized by U.S. Democratic Senator Patty Murray of Washington, past officials and advocates voiced their concerns over the potential impacts of these changes. Murray, who is deeply opposed to dismantling the Department of Education, described the plans as “outrageous” and “completely unacceptable.” She emphasized the potential adverse effects on students, particularly those with disabilities, if these changes proceed.
Recently, the department announced a shift in responsibilities. The Department of Health and Human Services (HHS) will now manage programs under the Office of Special Education and Rehabilitative Services (OSERS). Concurrently, the Office for Civil Rights’ duties will be transferred to the Department of Justice. Despite these shifts, the Education Department maintains it will continue to fulfill its legally mandated roles concerning special education and civil rights.
OSERS oversees the Individuals with Disabilities Education Act (IDEA), which ensures educational access for students with disabilities. The civil rights office is responsible for addressing complaints from students and families regarding discrimination.
Voices of Concern
Katy Neas, CEO of The Arc of the United States, highlighted the potential challenges for families seeking accountability with the proposed changes, arguing that it would disperse responsibility across multiple agencies. Neas, who held senior roles at OSERS during the Biden administration, said, “The stakes have never been higher.”
Catherine Lhamon, executive director of the Edley Center on Law and Democracy at UC Berkeley, criticized the new agreement between the Education Department and the Department of Justice. She stated, “The principal harm of this new agreement is that it guarantees lengthier continued silence from the federal government on the classic kinds of discrimination cases families experience.”
Stephanie Smith Lee from the National Down Syndrome Congress stressed that “IDEA is an education and civil rights law, not a healthcare program.” She expressed concern that separating special education from federal education policy could weaken oversight and expertise.
Despite the criticism, Savannah Newhouse, a spokesperson for the Education Department, defended the move. She claimed that the interagency partnerships would bolster the workload and reinforce protections for students, stating, “These agreements simply ensure that well-positioned agencies can support the workload, pool their expertise, and ultimately strengthen protections for students.”
Legislative Developments
In July, the House Committee on Education and Workforce advanced a series of bills to permanently reassign several functions of the Education Department to other federal agencies. However, these bills do not propose transferring special education and civil rights responsibilities. Senator Murray has vowed to oppose these bills, asserting, “As long as this former preschool teacher is a United States senator, every one of those bills is dead on arrival.”
