Special education will not be overseen by Health and Human Services, government officials reassured disability advocates. However, many of the staff members who oversee it will soon change departments, raising concerns about how the Department of Education will maintain uninterrupted support for students with disabilities.
This is welcomed—and unsettling news—for policy advocates who spoke out against the transition of the Office of Special Education and Rehabilitative Services to HHS when it was announced last month.
“This is another vindictive attempt to undermine public education,” Denise Forte, president and CEO of Ed Trust, an education think tank, told NPR at the time. “And at this moment, when we know that children with disabilities need more support, not less–HHS is not the place for that.”
But in a private call with disability advocates late last week, Kelly Rogers, the Education Department’s acting assistant secretary, emphasized that the agency is “not transitioning” special education or the Individuals with Disabilities Education Act to HHS, a federal law that guarantees students with disabilities a quality public education, according to a transcript obtained by Disability Scoop.
“The U.S. Health and Human Services is not taking over IDEA. Period,” Rogers said.
However, OSERS staff will transition to HHS, according to advocates who participated in the call. One expert questions how this will impact the timely delivery of student support.
“That is significant new information because it raises a basic question: If IDEA is staying at ED and nothing is changing for states or families, why are the staff responsible for carrying out this work being moved to HHS?” Jacqueline Rodriguez, CEO of the National Council for Learning Disabilities, told the news outlet.
Officials paint this interagency agreement as yet another step in the Education Department’s process of breaking down “the bureaucratic barriers” to ultimately minimize the agency’s role in public education.
However, advocates who were part of the call argue that the partnership only makes matters more complex.
“This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators and state agencies,” Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, told NPR.
But according to Education Secretary Linda McMahon, the decision was largely driven by parent feedback.
“They described the challenges that abound in every part of their child’s life when they are not receiving necessary educational services,” McMahon said in a statement last month. “It should not require herculean effort to obtain what the law guarantees.”
Removing the red tape
To date, the Education Department has signed 14 interagency agreements with six other federal agencies, which are part of the administration’s “Returning Education to the States” campaign aimed at shifting more responsibility to states and local school districts.
In addition to OSERS, the Office for Civil Rights will be overseen by the Department of Justice, the Education Department also announced last month. This partnership will blend the DOJ’s investigative and enforcement capabilities with the Education Department to evaluate and resolve civil rights complaints. A separate DOJ partnership will govern student privacy protections.
“The Department of Justice is proud to partner with the Department of Education to build a stronger, more coordinated civil rights system–one that makes clear that discrimination on the basis of race, sex, or ability will not be tolerated in our schools,” said DOJ Acting Attorney General Todd Blanche.
