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Trump further guts Education Dept. by shifting oversight of special ed, civil rights

Education Secretary Linda McMahon is at the center of the Trump administration's work to dismantle the agency she runs, the U.S. Department of Education.
Al Drago
/
Bloomberg via Getty Images
Education Secretary Linda McMahon is at the center of the Trump administration's work to dismantle the agency she runs, the U.S. Department of Education.

Two of the U.S. Department of Education's biggest responsibilities will shift to other federal agencies: safeguarding student civil rights and supervising programs for students with disabilities.

The Trump administration said Tuesday it will move the Office of Special Education and Rehabilitative Services (OSERS) to the U.S. Department of Health and Human Services (HHS). OSERS manages programs that support students with disabilities, offering guidance and oversight to ensure states follow the landmark Individuals with Disabilities Education Act (IDEA), a law that guarantees disabled students access to an equitable public education.

The administration announced it would also move the Education Department's Office for Civil Rights (OCR) to the U.S. Department of Justice. OCR's staff of civil rights attorneys are tasked with protecting students in K-12 schools and universities from discrimination based on disability, gender, race and national origin. OCR has been in tumult for months, targeted repeatedly by the Trump administration for staff cuts, then reversals of those cuts.

The moves to HHS and DOJ would further dismantle an agency that President Donald Trump has vowed to close, and it would leave the Education Department with a shrinking number of responsibilities.

In a letter obtained by NPR, the Education Department's Kim Richey, who is assistant secretary for civil rights, and Kim Rogers, the acting assistant secretary for special education and rehabilitative services, said the shifts are part of an administration commitment to end what they called micromanagement.

"With this in mind, and after careful consideration, OSERS will be partnering with the Department of Health and Human Services (HHS) to support the administration of programs for infants, toddlers, children, students and individuals with disabilities," Richey and Rogers wrote. "Likewise, the Department's Office for Civil Rights (OCR) will partner with the Department of Justice (DOJ) to strengthen enforcement of federal civil rights laws."

While the administration claimed the move would better serve some of the nation's most vulnerable children, disability rights advocates sounded the alarm.

"This is another vindictive attempt to undermine public education," says Denise Forte, president and CEO of Ed Trust, a think tank focused on addressing education inequity. "And at this moment, when we know that children with disabilities need more support, not less — HHS is not the place for that."

This is the latest effort in Secretary Linda McMahon's self-described push to "peel back the layers of federal bureaucracy by partnering with agencies that are better suited to manage programs and empowering states and local leaders to oversee the rest."

Edited by: Nirvi Shah and Nicole Cohen
Visual design and development by: LA Johnson

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Jonaki Mehta is a producer for All Things Considered. Before ATC, she worked at Neon Hum Media where she produced a documentary series and talk show. Prior to that, Mehta was a producer at Member station KPCC and director/associate producer at Marketplace Morning Report, where she helped shape the morning's business news.
Cory Turner reports and edits for the NPR Ed team. He's helped lead several of the team's signature reporting projects, including "The Truth About America's Graduation Rate" (2015), the groundbreaking "School Money" series (2016), "Raising Kings: A Year Of Love And Struggle At Ron Brown College Prep" (2017), and the NPR Life Kit parenting podcast with Sesame Workshop (2019). His year-long investigation with NPR's Chris Arnold, "The Trouble With TEACH Grants" (2018), led the U.S. Department of Education to change the rules of a troubled federal grant program that had unfairly hurt thousands of teachers.