Education Dept’s Special Ed Shift to HHS Sparks Concerns Among Advocates

The Education Department plans to shift oversight of special education to another agency, alarming many advocates.
Disability groups left concerned, confused after Ed. Dept. briefing : NPR

Education Department’s Special Education Shift Raises Concerns

The U.S. Department of Education’s decision to transfer oversight of special education to the Department of Health and Human Services (HHS) has sparked significant concern among disability rights advocates. Despite assurances from officials, the move has been met with skepticism and worry about its potential impact on federal protections for students with disabilities.

In a recent call with disability rights advocates, Education Department officials attempted to alleviate fears about the transition, but the effort was largely unsuccessful. Chad Rummel, leader of the Council for Exceptional Children, expressed frustration, stating, “Today’s briefing left more questions than answers for parents and educators.” He added that there is no clear plan regarding the transition to HHS.

Kelly Rogers, acting assistant secretary overseeing special education, sought to reassure advocates by clarifying that “The U.S. Health and Human Services is not taking over IDEA. Period.” The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities receive a quality public education alongside their non-disabled peers. However, Rogers acknowledged that staff involved in implementing IDEA would be transitioning to HHS, although she would continue to oversee them from the Education Department with additional support from HHS.

While department officials promote the move as a way to streamline federal education bureaucracy, advocates argue it could lead to increased confusion and complexity. Denise Marshall, CEO of the Council of Parent Attorneys and Advocates (COPAA), commented, “This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators, and state agencies.”

During the call, Rogers emphasized the administration’s commitment to enforcing federal protections for individuals with disabilities, stating that the partnership with HHS does not alter this obligation. However, she did not provide a specific timeline for the changes.

NPR reached out to the Education Department for more details, but the agency did not address the timeline. Press Secretary Savannah Newhouse assured that “Advocates, parents, and teachers in the special education community have nothing to fear” and that partnering with HHS would leverage the agency’s expertise in working with people with disabilities of all ages.

This private briefing followed the announcement of plans to move special education and civil rights functions to other agencies, part of an ongoing effort by the Trump administration to dismantle the Education Department. The “Returning Education to the States” campaign aims to transfer responsibilities to other agencies, raising concerns about the future of IDEA oversight.

For decades, the Education Department has been responsible for ensuring schools meet the needs of students with disabilities, providing federal funding, and offering technical support. The disability community has been on edge about how shifting oversight of IDEA could affect students. Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities, warned that the move could lead to “more confusion, slower guidance, weaker monitoring, and less accountability.”

Newhouse insisted that changes wouldn’t impact staff responsibilities, stating, “A different building, a different floor, or a different desk doesn’t change their job responsibilities and commitment to serve students with disabilities every single day.”

Federal funds for special education will continue to flow to states and schools through the Education Department for now, but uncertainties remain about how these systems may change. Marshall of COPAA called on Congress to intervene, noting that dismantling a federal agency requires congressional action. She described the administration’s strategy as “a sham.”

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

This article was originally written by www.npr.org

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