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The Trump administration鈥檚 latest reshuffling of federal agencies has removed offices that manage special education services and civil rights from the U.S. Department of Education.

Federal officials Tuesday that the Office of Special Education and Rehabilitative Services will move to the Department of Health and Human Services, while the Office for Civil Rights will shift to the Department of Justice. It鈥檚 a decision that鈥檚 been in the making for more than a year, as the administration has attempted to dismantle the Education Department .

At a press conference Tuesday, senior department officials as new partnerships between the agencies. The officials said the changes won鈥檛 impact or reduce students鈥� rights, but instead improve efficiency. Senior department officials participated in the briefing on the condition that the speakers wouldn鈥檛 be identified by name. Education Secretary Linda McMahon did not take part.

Both the Office of Special Education and Rehabilitative Services and the Office for Civil Rights will retain some original functions, according to federal . But many specifics, such as staffing decisions and timelines, are still under discussion, the officials said. 

Special education advocates have protested that moving programs, including civil rights oversight, out of the Education Department will harm students with disabilities. 

In a  Tuesday, McMahon acknowledged that too many families must still fight for timely and appropriate special education services for their children. She said the changes will 鈥渂reak down bureaucratic barriers and strengthen the coordination of resources to improve programs.鈥�

鈥淚t should not require herculean effort to obtain what the law guarantees,鈥� McMahon said. 鈥淎s the Trump administration scales back federal micromanagement when it hinders success, we are equally committed to bolstering the efficacy of federal oversight where it is essential.鈥�

The Office of Special Education and Rehabilitative Services oversees the Individuals with Disabilities Education Act, a landmark set of statutes that guarantee more than 8 million children with disabilities the right to attend public school. Critics say moving responsibility to HHS means taking oversight away from experts in specialized instruction and handing it to an agency ill-equipped to administer non-medical programs.

鈥淢oving IDEA oversight into HHS pushes students with disabilities toward a medical model, where disability is treated as a diagnosis to manage instead of a natural part of human life,鈥� Robyn Linscott, a director at The Arc of the United States, said in a Tuesday press release. 鈥淲hen that mindset drives education decisions, students are more likely to be segregated, underestimated or treated as separate from the school community.鈥�

The Education Department the special ed office already overlaps with HHS programs for people with disabilities.

The Office for Civil Rights has been a key avenue of relief for parents unable to get services for their children through complaints filed with their state, mediation, administrative hearings or due process cases. Families in states lacking local enforcement of special education complaints depend on OCR to investigate discrimination.

McMahon said in her statement that the partnership between OCR and the Justice Department will provide more responsive and coordinated enforcement of civil rights laws.

鈥淥CR and DOJ will combine their expertise and capacity to bolster evaluation, investigation, resolution of complaints and, above all, enforce critical protections for all students,鈥� she said.

Senior education department officials said during Tuesday鈥檚 press conference that OCR will refer complaints to the Justice Department for evaluation, investigation and resolution. The agency will still be in charge of case settlements, civil rights data collection and state assistance, and will make final determinations on whether to pursue action by referring cases to the Justice Department for enforcement.

Though McMahon said the moves will improve student and family outcomes, The American Federation of Government Employees Local 252, which represents 2,000 Education Department staffers, said the shift is breaking down government processes instead of streamlining them. 

鈥淭his isn’t efficiency 鈥� it’s chaos. Previous interagency agreements divvying up both P-12 and higher education programs to other federal agencies have led to massive delays in congressionally mandated funding and confusion for federal employees and the public alike,鈥� union President Rachel Gittleman said in an emailed statement. 鈥淭hat’s an insult to the millions of students and families who rely on these services and the taxpayers who count on federal oversight to prevent waste, fraud and abuse.” 

The Trump administration is using interagency agreements to circumvent to close the Education Department, a move that House members have warned would 鈥渃reate inefficiencies鈥� and 鈥渃ause delays and administrative challenges.鈥� When the Department of Labor picked up career and technical education last year, for example, some states had to wait months to access millions of dollars in funding.

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