The Trump administration is further scaling back the Department of Education, announcing Tuesday that oversight of special education and civil rights programs will be transferred to other parts of the federal government.
In a letter to parents of individuals with disabilities, Education Secretary Linda McMahon said the Office of Special Education and Rehabilitative Services, which oversees the Individuals with Disabilities Education Act, will now be handled by the Department of Health and Human Services.
Also, the Education Department's Office for Civil Rights will move much of its work to the Department of Justice.
"As the Trump Administration scales back federal micromanagement when it hinders success, we are equally committed to bolstering the efficacy of federal oversight where it is essential," McMahon wrote. "The work ahead requires a federal partnership that supports state and local efforts to make systems that are successful for parents, educators, and communities serving individuals with disabilities."
McMahon said the moves came after she and other DOE officials held listening sessions over the past several months "with over a thousand parents, educators, state early intervention and special education directors, and advocates across the country to better understand the current state of services for individuals with disabilities."
"These conversations underscored the promise and importance of IDEA (Individuals with Disabilities Education Act) and the importance of federal civil rights protections for children with disabilities," she wrote. "Yet even with IDEA's protections, many parents recounted fighting tooth and nail for timely and appropriate services, draining their savings to give their child the best chance to succeed. They described the challenges that abound in every part of their child's life when they are not receiving necessary educational services.
"It should not require herculean effort to obtain what the law guarantees."
The Education Department had already moved several offices to other parts of the government. Many K-12 programs operate out of the Department of Labor, while parts of the Federal Student Aid office operate out of the Treasury Department under interagency agreements.
President Donald Trump campaigned on shuttering the Department of Education but cannot do so without congressional approval. The interagency agreements allow the department to retain control of programs Congress delegated to it while effectively moving its operations and staff elsewhere.
"The whole process of entering into interagency agreements has been undertaken as part of the President's plan to illegally close ED and 'return education to the states,'" Rep. Bobby Scott, D-Va., said in a statement. He is the ranking member of the House Committee on Education and the Workforce.
"But we do not need a crystal ball to know what will happen if it is left up to the states to protect students' civil rights — one only needs to read a history book," Scott said. "When states had no federal oversight, we saw the intentional segregation of public schools, an outright refusal to educate students with disabilities, and a systemic lack of resources for low-income communities.
"Today's announcement was purely a political one — made for the President to fulfill a campaign promise. Bluntly, today's announcement is not in the best interest of students, families, or their communities. Democrats on the House Committee on Education and Workforce are committed to the protection of civil rights and guaranteeing that all students have access to a quality education."
Kenneth L. Marcus, who ran the Education Department's civil rights office during Trump's first term, praised the change.
"OCR has long served as the federal government's primary guardian of students' civil rights," he said in a statement, according to The Washington Post. "At the same time, the Justice Department possesses powerful investigative and litigation tools that can strengthen enforcement when institutions fail to comply with the law. A more integrated approach could bring additional resources, greater consistency and stronger accountability to civil rights enforcement."
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.