Trump administration moves special education and school civil rights functions out of the Education Department
The Facts
- The administration announced Tuesday that special education oversight will move from the Education Department to the Department of Health and Human Services, while school civil rights enforcement will move to the Justice Department.
- The reassigned Education Department functions include programs for students with disabilities and the Office for Civil Rights' work in schools.
- The Justice Department is also set to take over student privacy protection work, and some training and advisory support for schools is part of the transfer.
- The move is part of President Donald Trump's broader effort to reduce or close the Education Department by shifting its functions to other agencies.
- Closing the Education Department requires an act of Congress.
- The Office of Special Education and Rehabilitative Services oversees the Individuals with Disabilities Education Act and about $15 billion a year in funding for students with disabilities, making the transfer consequential for disability services.
- Disability groups argue that moving the special education office out of the Education Department also requires congressional approval, creating a likely point of legal dispute.
How left and right are reading this
- Both agree
- A consequential transfer is underway: oversight of disability services, school civil rights work, and related protections is being moved out of the Education Department, with legal uncertainty over whether Congress must approve at least part of that shift.
- They split on
- Whether this is chiefly about protecting students with disabilities and the safeguards attached to their services, or about enforcing the constitutional line between executive reorganization and Congress's authority over the department's structure.
Context
What exactly is being moved?
The administration said HHS will take over special education responsibilities now handled by the Office of Special Education and Rehabilitative Services, while DOJ will assume civil rights enforcement in education and student privacy protection work now handled by the Education Department NYT,Aol,U.S. News & World R….
Who could be affected by the change?
Students with disabilities and their families are directly affected because the special education office oversees IDEA compliance and federal disability funding, while students and schools more broadly could be affected by changes in how discrimination complaints and privacy matters are handled NYT,Newsweek,POLITICO.
What is unresolved?
A full shutdown of the Education Department cannot happen without Congress, and disability advocates contend that moving the special education office also needs congressional authorization, so the administration's plan is expected to face legal and political challenges Straits Times,NYT,U.S. News & World R….
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