For months, parents of children with disabilities have expressed growing frustration over the Education Department’s slow response to their complaints regarding bullying and discrimination. This discontent has intensified following recent announcements that the department will be offloading its civil rights enforcement and special education responsibilities.
Nicole May, a mother from Ohio, illustrates this struggle. After filing a complaint in spring 2024 alleging her daughter’s bullying due to her hearing aids, she found herself in a frustrating limbo, with no resolution even after two years. “It’s to the point I don’t even check in anymore with the attorney,” she shared, highlighting the emotional toll these delays take on families.
Under the changes announced, the Department of Justice will assume responsibility for civil rights enforcement in schools, while the Department of Health and Human Services will oversee special education. This shift aligns with Trump’s campaign promise to dismantle the Education Department, though advocates express significant concern about the implications.
Critics argue that special education oversight does not fit within the framework of a health department, which traditionally views disabilities as medical conditions rather than differences in learning styles. This sentiment was echoed by prominent figures such as the top Republican on the Senate education committee, who has signaled intentions to introduce legislation to keep special education within the Education Department.
As the federal processes continue to stall, many families are seeking alternative avenues for addressing discrimination cases. Emily Harvey, co-legal director at Disability Justice, noted the increasing frustration among advocates and parents alike. The backlog of cases at the Education Department’s civil rights office, which has reportedly ballooned under the Trump administration, has left many feeling resigned. “I think a lot of people are mad, but they are like, ‘What are we going to do?’” Harvey said.
The Office of Special Education and Rehabilitative Services has seen a significant reduction in staff since 2024, while the Office for Civil Rights has also shrunk considerably. This downsizing has led to fewer resolutions and a feeling of hopelessness among parents trying to secure necessary services for their children.
Advocates have begun to push for state-level reforms in response to the backlog. In Colorado, for example, Harvey has been instrumental in supporting new legislation that empowers state education officials to pursue civil rights cases that typically fall under federal jurisdiction. “I feel like they’re probably collecting dust on a virtual shelf somewhere,” she remarked, referring to her pending federal complaints.
Craig Haller, a Boston-area special education advocate, voiced similar frustrations. After filing a complaint with the Education Department’s Office for Civil Rights, he received no updates, leading him to rely more on Massachusetts’s state education system to address issues. While he has had success in individual cases, he laments the inability to create systemic change without federal support.
As these federal changes unfold, the staff at the Education Department report facing challenges with equipment and access at their new postings. Rachel Gittleman, president of the union representing department workers, described the implementation of these changes as “inefficient,” raising concerns about the long-term impact on the quality of services provided to disabled students.
Despite the upheaval, advocates like Robyn Linscott from The Arc of the United States continue to push for better outcomes for children with disabilities. While families expressed concerns about barriers to accessing appropriate support, Linscott noted that none advocated for moving oversight of special education to Health and Human Services during a recent listening session hosted by the Education Department.
In Congress, lawmakers from both parties are gearing up to challenge the decision to shift special education oversight. Republican Senator Bill Cassidy and Democratic Senator Tim Kaine have expressed their intent to work together on legislation to reverse the move. Cassidy, who has personal experience with the challenges faced by families with children with disabilities, suggested that if special education is to be transferred, the Labor Department would be a more suitable home.
Ultimately, parents are most concerned with securing the services that their children require. As Rob Harris, an IEP advocate in Colorado, pointed out, families experience government systems through the services provided to their children, not through bureaucratic structures. “Families don’t experience the government through organizational charts,” Harris stated. “We experience it through the services our children receive.”
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Associated Press writers Bianca Vázquez Toness and Alanna Durkin Richer contributed to this report.
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