WASHINGTON (AP) — President Donald Trump’s administration on Tuesday accelerated its dismantling of the Education Department, delegating much of its work to protect the nation's at-risk students in a move that carves away the vast majority of its functions for other agencies to handle.
The Department of Justice will take on enforcement of civil rights in education, while the Department of Health and Human Services will oversee special education, administration
officials announced.
The two agencies involved — the Office of Special Education and Rehabilitative Services and the Office for Civil Rights — defend the rights of children with disabilities and those who experience discrimination based on race, sex or religion. Advocates worry the change could mean lapses in communication for families and school officials who need help.
Trump, a Republican, campaigned on shutting down the Education Department, saying he would “move education back to the states where it belongs.” While only Congress can close the department, Trump’s education secretary, Linda McMahon, a billionaire and former CEO of World Wrestling Entertainment, has formed agreements with other federal agencies to handle much of her department’s work.
McMahon said the agreements align federal responsibilities with the agencies best positioned to support them.
“The Trump Administration has been clear: as we scale back federal micromanagement when it hinders success, we are equally committed to bolstering the efficacy of federal oversight where it is essential,” McMahon said in a written statement.
Advocates said the changes would create uncertainty around services relied upon by millions of students and families.
“As is too often the case, traditionally underserved students — including students with disabilities, Black and Latino students, multilingual learners, students from low-income backgrounds, and students in rural communities — will bear the greatest burden created by this reckless decision, to which the disability and civil rights communities have already been vehemently opposed,” said a written statement from EdTrust, a Washington, D.C.-based think tank that advocates for educational equity.
The Education Department already has offloaded some of its programs through 10 earlier internal agreements, but the agencies affected by Tuesday’s announcement were among the most closely watched.
The Office of Special Education and Rehabilitative Services manages billions of dollars in grants and oversees state compliance with the Individuals with Disabilities Education Act. The Office for Civil Rights, which has been thinned by mass layoffs, investigates complaints of discrimination at the nation’s schools and universities.
The Department of Justice also will take over work protecting student privacy and will provide some training and advisory help to schools.
While HHS and the Department of Justice will take over most day-to-day duties of the assigned offices, the Education Department will continue to perform some tasks, such as responding to audits and issuing final determinations in civil rights cases, that it is explicitly required to do by law.
Rep. Bobby Scott, D-Va., ranking member of the House Committee on Education and the Workforce, said the announcement Tuesday was a political one intended to fulfill the president's campaign promise. The changes, he said, will likely widen inequities for students of color and students with disabilities.
The agreements are scattering education programs to agencies that do not have the expertise to manage them, said Sen. Patty Murray, D-Wash.
“Instead of helping kids get a great education, this administration is spending its time, energy, and taxpayer resources fixated on where employees sit and illegally trying to shutter the Department of Education,” Murray said in a written statement.
Rachel Gittleman, president of the union that represents department employees, said the moves will create chaos for families, students and schools.
“This will leave our most vulnerable students and families who have been shut out of our education system without the services they need and without protection when they face discrimination,” Gittleman said in written a statement.
The transfer of special education to Health and Human Services most alarmed disability advocates, who say oversight of whether schools are adequately serving children with disabilities is best handled by education experts — not medical experts.
“The IDEA is intended to equip students as they learn alongside their peers, not cure them — the HHS is not prepared to oversee and administer the IDEA program effectively. Health and education systems speak in entirely different languages, including variations in terminology, training, and disciplines," said Jennifer Coco, interim executive director of the Center for Learner Equity.
The Education Department said McMahon spent over six months in listening sessions with families, advocates and educators to better understand concerns around how the department's dismantling could affect special education. Many families raised concerns about obstacles to obtaining proper services for their children, but Coco said participants in those sessions were united in their opposition to moving special education oversight out of the Education Department.
“I think we agree on the problem,” Coco said. “We have stark disagreement on the solution and these transfers today don’t feel like a solution to that problem.”
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