Education Department’s two biggest responsibilities shifted to other federal agencies : NPR

A MARTÍNEZ, HOST:

The U.S. Department of Education is about to lose some of its signature responsibilities. An announcement from the Trump administration says agreements have been signed with other agencies to run federal special education programs and enforce students’ civil rights protections. NPR education correspondent Cory Turner is covering this. So, Cory, let’s start with special education. What’s happening there?

CORY TURNER, BYLINE: Yeah. So the Education Department is shifting much of the work of its special education office to the Department of Health and Human Services, HHS. This office runs a bunch of programs and funding that really make sure students with disabilities get a free and appropriate education. The Trump administration is technically calling this a partnership. And it’s really not clear at this point, A, if the current special education staff, who already know how to do this work, will keep their jobs and simply move from one agency to another or how much of this HHS will pick up itself. And it’s complicated because federal law specifically says these responsibilities belong at the Education Department.

For her part, Education Secretary Linda McMahon has defended the move, saying it, quote, “will align federal services with the goal of strengthening academic outcomes and supporting individuals with disabilities.” But I have to say, disability rights advocates roundly condemned the move, pointing out that these programs are about education, not healthcare, and that splitting them off from traditional K-12 programming misses the entire point of the law that created special education. Denise Marshall, head of the Council of Parent Attorneys and Advocates, told me the move also makes no logical sense – quote, “we’re not going to all of a sudden go to our surgeon to learn how to read.”

MARTÍNEZ: All right. So let’s jump to civil rights enforcement. What can you tell us about the changes there?

TURNER: Yeah. I think it’s pretty safe to say that no office in the Education Department has been more embattled over the last year and a half than the Office for Civil Rights, known as OCR. Its staff of civil rights lawyers are tasked with protecting students in K-12 schools and universities from discrimination. But soon after President Trump was elected, OCR was gutted. Then the courts intervened, reversing the attorneys’ firing, and that really kicked off a game of political ping-pong. The Trump administration ended up choosing to pay the attorneys not to work until it finally brought them back, and now their work is being moved to the Justice Department. But as with the special education changes, it is really not clear at this point exactly what or who is moving or if DOJ really plans to take over some or all of this work.

MARTÍNEZ: Right. So a lot of moving parts. What’s been the reaction to all this?

TURNER: I mean, pretty predictably partisan, honestly. Republicans who chafed under President Biden’s liberal expansion of student civil rights see this as progress. You know, Ken Marcus ran OCR during Trump’s first term, and he said yesterday, quote, “if done right, this could mark a critical step forward for students.” But I also spoke yesterday with Catherine Lhamon, who ran OCR under two presidents – Obama and Biden – and she called the move a terrible idea. And she pointed out that in 1979, lawmakers chose to move OCR into the brand-new Education Department because they thought it made sense for attorneys who were focused on schools, A, to work in an agency that was focused on schools. And then stepping back, bird’s-eye view here. Overall, by my count, this makes at least 14 agreements now that farm out department responsibilities to other federal agencies.

MARTÍNEZ: Yeah. But the Ed Department, if it’s going to be removed, has to be done by Congress, right?

TURNER: Even Secretary McMahon has said that.

MARTÍNEZ: OK. NPR education correspondent Cory Turner. Cory, thanks.

TURNER: You’re welcome.

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