Divide to Conquer? Education and Civil Rights Being Split Apart

On June 16, the Trump administration announced new interagency agreements that would shift some responsibilities for special education and civil rights enforcement from the Department of Education to other federal agencies. In plain language, an interagency agreement is an arrangement between federal agencies about how they will share or carry out work — but disability and education advocates are concerned that these agreements could make it harder for families to know where to go for help.

• Key Office of Special Education and Rehabilitative Services (OSERS) functions will be carried out through a partnership with the Department of Health and Human Services (HHS). OSERS oversees the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities a free and appropriate public education.

• Some Office for Civil Rights (OCR) investigation and enforcement functions will be carried out through a partnership with the Department of Justice (DOJ). OCR is where families go when their child faces discrimination — including but not limited to race, religion, gender, or disability — in school.

For families already navigating IEPs and fighting for their children's rights, this split creates a real problem: who do you call, and will they understand how schools work? Disability advocates are also concerned that moving IDEA oversight into a health department shifts the framing: disability becomes a medical problem to be treated, rather than a natural part of who students are.

Advocates argue that only Congress can authorize a true transfer or reorganization of these offices, and that the administration is attempting to accomplish similar changes through interagency agreements. More than 600 disability, civil rights, and education organizations have called on Congress to block these transfers.

For Understanding the Education Transfers

• Department of Education Press Release on the OSERS/OCR Interagency Agreements

• AAPD: Outraged by Unlawful Transfer of Special Education, Civil Rights Offices

• The Arc: Moving Special Education Out of the Department of Education Risks Students' Rights

• DREDF: This Isn't Reform, It's Abandonment

• Council for Exceptional Children: Broad Coalition Denounces ED's Latest Transfers

#ProtectIDEA

This is one of three major threats disabled people are facing right now. See all three and how to get involved →

ECNV will be participating in Hill Day on Wednesday, July 22nd, during NCIL's annual conference, bringing these issues directly to our representatives in Washington. If you're interested in joining us, please email Laura Kim, Policy & Advocacy Coordinator, at LauraK@ecnv.org by July 15th.

We're stronger when we advocate together!