U.S. Department of Education (ED) Secretary Linda McMahon announced that ED will transfer oversight of special education and civil rights to other agencies to “strengthen” both federal agencies.
As part of the Trump Administration’s efforts to scale back “federal micromanagement where it hinders success,” ED will partner with the Department of Health and Human Services (HHS) to oversee the administration of the Office of Special Education and Rehabilitative Services.
The ED will also transfer oversight responsibilities for the Office for Civil Rights' enforcement of federal civil rights laws to the Department of Justice (DOJ).
These changes, McMahon argues, will bolster the “efficacy of federal oversight where it is essential.”
How the Partnerships Will Improve Conditions
Given that HHS “oversees programs for millions of individuals with disabilities,” the transfer of power “will break down bureaucratic barriers, strengthen the coordination of resources, and support states and schools” as the agency works to improve the conditions for these individuals."
The partnership with the DOJ aims to provide stronger, swifter, and “coordinated enforcement” of the U.S.’s civil rights laws.
“ED and DOJ will combine their expertise and capacities to bolster evaluation, investigation, resolution of complaints, and, above all, enforce critical protections for all students,” McMahon affirmed.
Feedback From Thousands Of People
Secretary McMahon assured that the decision to partner with the agencies comes after talking with more than 1,000 parents, educators, and advocates across the country “to better understand the state of services for individuals with disabilities.”
McMahon stated that these conversations “underscored the promise of IDEA [Individuals with Disabilities Education Act] and the importance of federal civil rights protections.”
McMahon Addresses "Misconceptions"
Secretary McMahon addresses the “misconceptions” that have arisen from the announced partnerships.
McMahon states that these partnerships will not modify either agency’s obligations or the “legal protections” given to individuals under federal law.
“Our qualified experts will continue to enforce the law to ensure states and schools are in full compliance,” McMahon said.
McMahon also assures that U.S children with disabilities’ 504 plans – a legal document under the U.S. Rehabilitation Act of 1973 that guarantees students with disabilities’ equal access to education – and Individualized Education Plan will “remain in place and enforceable.
