Linda McMahon announced today further dismantling of the Dept. of Education, making good on the previously announced plan to move the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS). The move is part of an ongoing effort by the Trump administration to hollow out the Department of Education.
Many OSERS employees were terminated last year–the move will likely see additional layoffs. Meanwhile, advocates are concerned about the work of overseeing the Individuals with Disabilities Education Act (IDEA) by HHS employees who do not have the credentials, experience, or knowledge to ensure the nation’s disabled student’s rights are protected. Of particular concern are the many eugenic statements by the Department’s head, RFK Jr., who has made disparaging comments about disabled, chronically ill and autistic people, pushed conspiracy theories about autism, and proposed “wellness farms” as alternatives to accommodations and medication.
Questions regarding the timely and effective funding distribution for OSERS programming are also an issue.
The Dept. of Ed’s Office of Civil Rights (OCR), already hobbled by layoffs that prompted several regional office closures, has also been relocated to the Department of Justice (DOJ). Previously, if disabled students’ rights as pertaining to IDEA were violated, families could file a complaint with OCR to obtain those legally required special education services. Now, the process will be at best fragmented across multiple departments, and at worst, non-functioning, as the DOJ’s work under Trump has been dedicated mainly to prosecuting the President’s personal grievances, rather than other assigned tasks.
While IDEA law is still on the books, if families have no recourse to address violations, its impact will be severely diminished, leaving disabled students at risk of being excluded from the public education system.