Additional Coverage:
- Families of kids with disabilities warn Education Department changes could break a flawed system (apnews.com)
Parents of children with disabilities have long faced delays and frustration when seeking help from the Education Department on bullying and discrimination complaints. Now, with the department shifting civil rights enforcement and special education responsibilities to other federal agencies, many fear the situation will worsen.
Nicole May, a mother from Ohio, shared her experience after filing a complaint in spring 2024 about her teenage daughter being bullied for wearing hearing aids and struggling to hear in class. More than two years later, the case remains unresolved. “It’s to the point I don’t even check in anymore with the attorney,” May said.
Under recent changes announced Tuesday, the Department of Justice will assume civil rights enforcement in schools, while the Department of Health and Human Services will take over special education oversight. These moves align with former President Donald Trump’s goal of downsizing the Education Department. Education Secretary Linda McMahon framed the changes as a way to provide better support for families of children with disabilities.
However, advocates argue that placing special education under Health and Human Services is problematic, as that department typically views disabilities as medical conditions rather than educational differences. The top Republican on the Senate education committee has expressed opposition and plans to introduce legislation to keep special education out of Health and Human Services.
For many families, the announcement was met with resignation. The Education Department’s Office for Civil Rights had been a crucial avenue for addressing discrimination complaints, but backlogs and slow progress have grown significantly since the Trump administration took office. As a result, attorneys are increasingly seeking alternative routes to secure justice for children.
The Office of Special Education and Rehabilitative Services has shrunk by about one-third since 2024, while the Office for Civil Rights has decreased by approximately 40%. The Department of Justice’s Education Opportunities Section has also seen its staff reduced by half, according to estimates from Justice Connection, a network of former department employees.
Emily Harvey, co-legal director at Disability Justice in Colorado, described the frustration of stalled cases. She has pending complaints alleging illegal school enrollment practices and excessive use of restraint and seclusion on disabled students. “I feel like they’re probably collecting dust on a virtual shelf somewhere,” she said.
In response, Colorado recently passed a law allowing the state to handle more civil rights cases related to education, including discrimination and harassment claims typically managed at the federal level. Harvey, a former Education Department civil rights attorney, noted that while the federal office was never perfect, it has become less effective for families seeking solutions.
Special education advocate Craig Haller from Boston shared a similar experience, having received no update on a complaint filed last year. He has increasingly relied on Massachusetts’ state system to resolve issues, which helped correct a situation where a student was suspended without proper consideration of his special education plan. Still, Haller lamented that without the federal office, systemic fixes remain out of reach.
Department employees also report challenges amid the restructuring. Although staffing levels have not yet declined due to new agreements transferring Education Department functions to other agencies, workers face inefficiencies related to equipment and access in their new roles. Rachel Gittleman, president of the union representing these employees, described the implementation as “hard to describe how inefficient.”
Disability rights advocates worry about the fragmentation of oversight and enforcement, which could leave gaps in protecting students. Robyn Linscott of The Arc of the United States recalled a recent listening session where no families supported moving special education oversight to Health and Human Services, despite widespread concerns about access to services.
Bipartisan opposition to the change has emerged in Congress. Senator Bill Cassidy, a Louisiana Republican whose wife co-founded charter schools for students with dyslexia, pledged to work with Democratic Senator Tim Kaine to oppose the transfer. Cassidy suggested that if special education is relocated, the Labor Department would be a more appropriate home, as it supports people with disabilities in education and employment.
Ultimately, parents emphasize that the critical issue is whether their children receive the necessary services. Rob Harris, an advocate from Colorado and father of a blind daughter, said families experience government through the quality of services, not organizational structures.
“Families don’t experience the government through organizational charts,” he said. “We experience it through the services our children receive.”