Washington, D.C. – The Center for Learner Equity (CLE) continues to strongly condemn moving the functions of the Department of Education (ED) to other federal departments. The Office of Special Education and Rehabilitative Services (OSERS) leads federal support, oversight, assistance, and funding for all aspects of educating students with disabilities — ensuring the federal government turns the promise of the Individuals with Disabilities Education Act (IDEA) into reality. In addition, the Office for Civil Rights (OCR) provides students and families with access to individual discrimination investigations and upholds their civil rights in schools. Moving OSERS and OCR to the Departments of Health and Human Services (HHS) and Justice (DOJ), respectively, jeopardizes the educational and civil rights of the 15% of K-12 students in public schools — including charter schools — who are identified as having a disability.
“Students with disabilities are students first — and their education must remain with educators. Neither the HHS nor the DOJ have the capacity or the expertise to effectively administer programs specifically for students,” said Jennifer Coco, Interim Executive Director of CLE. “The IDEA is intended to equip students as they learn alongside their peers, not cure them — the HHS is not prepared to oversee and administer the IDEA program effectively. Health and education systems speak in entirely different languages, including variations in terminology, training, and disciplines. Moving the IDEA to HHS is akin to moving a public school district from under the leadership of a school superintendent to a local hospital CEO. It does not translate.”
Coco addresses the role of OCR by stating, “Similarly, OCR’s role investigating individual complaints of discrimination in public schools is distinct from DOJ. When a student’s rights are protected through an OCR investigation, it not only brings critical relief to a student who has experienced an injustice — it’s a transformative moment for wholesale change in school policy and practice to ensure further injustice doesn’t happen again to any other student.
These are moves of statutorily mandated responsibilities, not partnerships across agencies. The actions do not advance efficiency or clarity for millions of students, their educators, or schools. We call on Congress to stop these moves, and focus on advancing the education programs that support millions of children with disabilities across the nation.”
For CLE’s response to this administration’s recent efforts to dismantle the Department of Education, see previous press statements here.
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