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Education Department Transfers Special Education and Civil Rights Oversight

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Education Department Transfers Special Education and Civil Rights Oversight

The Trump administration announced Tuesday a significant restructuring of the U.S. Department of Education, transferring two of its core functions to other federal agencies in what represents another step toward dismantling the department President Donald Trump has pledged to eliminate.

The Office of Special Education and Rehabilitative Services (OSERS) will move to the U.S. Department of Health and Human Services (HHS), while the Office for Civil Rights (OCR) will transfer to the U.S. Department of Justice. The changes affect programs that serve millions of students nationwide, including those with disabilities and students protected under federal civil rights laws.

OSERS manages programs supporting students with disabilities and provides guidance to ensure states comply with the Individuals with Disabilities Education Act (IDEA), the landmark federal law guaranteeing disabled students access to an equitable public education. The office oversees implementation of protections that affect students in schools across the country, from early intervention services for infants and toddlers to transition programs for young adults.

The Office for Civil Rights employs civil rights attorneys charged with protecting students in kindergarten through twelfth grade and universities from discrimination based on disability, gender, race, and national origin. The office has experienced significant upheaval in recent months, facing repeated staff cuts followed by reversals of those reductions.

In a letter obtained by NPR, Kim Richey, the Education Department's assistant secretary for civil rights, framed the reorganization as an effort to reduce federal micromanagement. She stated that OSERS would partner with HHS to support program administration for infants, toddlers, children, students, and individuals with disabilities, while OCR would collaborate with the Justice Department to strengthen enforcement of federal civil rights laws.

Education Secretary Linda McMahon has described her approach as peeling back layers of federal bureaucracy by partnering with agencies better suited to manage programs and empowering states and local leaders to oversee the remainder. The transfers represent a continuation of this strategy, which McMahon has pursued since taking office.

Despite administration claims that the restructuring would better serve vulnerable children, disability rights advocates expressed serious concerns about the implications. Denise Forte, president and CEO of Ed Trust, a think tank focused on addressing education inequity, characterized the move as vindictive and warned that HHS lacks the appropriate infrastructure to support children with disabilities who require increased assistance.

The reorganization leaves the Education Department with a diminished portfolio of responsibilities as the administration continues efforts to fulfill campaign promises to close the agency entirely. The practical implications for schools, students, and families remain unclear as the transfers move forward, raising questions about how oversight and enforcement will function under the new structure and whether protections for students will remain as robust under different departmental leadership.

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