Former education officials and advocates expressed concern on Monday regarding the Trump administration’s decision to transfer several Department of Education responsibilities to other federal agencies. Under recent interagency agreements, the Department of Health and Human Services (HHS) will manage special education programs formerly under the Office of Special Education and Rehabilitative Services (OSERS). Additionally, civil rights enforcement duties will be moved to the Department of Justice (DOJ).
The Education Department stated it will continue to fulfill all statutorily required duties throughout these transitions. However, critics of the move, including former officials from both Democratic and Republican administrations, spoke at a virtual press conference hosted by Senator Patty Murray (D-Wash.). They argued that moving programs like the Individuals with Disabilities Education Act (IDEA) to HHS shifts the focus from education to healthcare and could complicate oversight.
Stephanie Smith Lee, who led the Office of Special Education Programs under President George W. Bush, noted that IDEA is an education law and categorized students as learners rather than patients. Conversely, Catherine Lhamon, a former civil rights official under the Obama and Biden administrations, stated that the transfer to the DOJ could lead to delays in investigating discrimination complaints. The administration has categorized these moves as part of a broader plan to reorganize the Department of Education.
