Key facts
- The Education Department is transferring civil rights enforcement to the Department of Justice and special education oversight to the Department of Health and Human Services.
- Parents and advocates fear these changes will worsen existing delays and create new obstacles for resolving complaints of discrimination and bullying.
- The federal Office for Civil Rights and Office of Special Education and Rehabilitative Services have seen significant staff reductions.
- Some states, like Colorado, are expanding their own capabilities to handle civil rights cases previously managed at the federal level.
- Department workers report inefficiencies in the implementation of these transfers.
Families of children with disabilities are expressing concern over recent changes that will offload civil rights enforcement and special education oversight from the Education Department to other federal agencies. The Department of Justice will now handle civil rights enforcement in schools, while the Department of Health and Human Services will oversee special education. Parents and advocates argue that this move, fulfilling a campaign promise by President Donald Trump to dismantle the Education Department, will exacerbate existing delays and create further obstacles in resolving complaints of discrimination and bullying.
Parents like Nicole May have already experienced lengthy waits for resolutions, with May's complaint filed in spring 2024 remaining unresolved. Advocates also question the suitability of placing special education under a health department, suggesting it may lead to disabilities being treated as conditions to manage rather than differences in learning. This sentiment is echoed by a top Republican on the Senate education committee, who plans to pursue legislation to keep special education within the Education Department.
Attorneys and advocates report that the federal backlog has grown significantly since the Trump administration began reducing staff in relevant offices. Emily Harvey of Disability Justice noted that her pending federal complaints feel neglected, prompting her to help establish a new state law in Colorado to address civil rights cases at the state level. Similarly, Craig Haller, a special education advocate, has increasingly relied on state systems in Massachusetts to resolve individual cases, though he believes a federal office is necessary for systemic change.
Department workers have also reported inefficiencies and difficulties with equipment and access in their new postings following the transfer of functions. The fragmentation of oversight across multiple agencies raises concerns among disability rights groups about potential gaps in support and enforcement for disabled students.