In The Politics of Autism, I write about social services, special education, and the Individuals with Disabilities Education Act.
Project 2025 proposed to turn IDEA into a "no strings" block grant, effectively gutting the law and destroying protections that disability families have long relied upon. During the 2024 race, Trump denied any connection to the project, but now he proclaims it, praising OMB director Russ Vought "of Project 2025 fame."
Trump and Vought are now accomplishing their goal of ravaging the law. Instead of turning it into a block grant, they have tried firing most of the staff who enforce it. More recently, they have shifted OSERS to HHS and OCR to the Justice Department's Civil Rights Division, headed by a political hack who uses the r-word as a slur.
In a call with disability rights advocates Thursday, officials from the U.S. Department of Education tried to ease concerns about plans to move the agency's special education offices to the Department of Health and Human Services (HHS).
"Today's briefing left more questions than answers for parents and educators," says Chad Rummel, who leads the Council for Exceptional Children, and was one of many disability advocates who attended the call. "Today we heard that there is no clear and transparent plan around the move to HHS."
According to a recording of the call obtained by NPR, the acting assistant secretary overseeing special education, Kelly Rogers, said she wanted to reassure advocates that the move would not harm federal protections for students with disabilities. "The U.S. Health and Human Services is not taking over IDEA. Period." Rogers was referring to the Individuals with Disabilities Education Act, a federal law that guarantees students with disabilities a quality public education alongside their nondisabled peers.
Yet Rogers also said in the same breath that staff at the Office for Special Education and Rehabilitative Services (OSERS) — many of the people actually responsible for supporting states and schools in implementing IDEA — would be moving to HHS. She said she would continue to oversee that staff from her perch at the Education Department "with additional support by HHS."
While department officials have been pitching this move as a way to streamline federal bureaucracy in education, advocates think it is doing the opposite. "This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators, and state agencies," says Denise Marshall, CEO of the Council of Parent Attorneys and Advocates (COPAA).
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"The administration acknowledged today what the law has always required: The Department of Education and the secretary of education remain legally responsible for administering and enforcing IDEA. This reorganization neither advances the stated goal of closing the department nor transfers new authority to the states," says Marshall of COPAA. She called on Congress to step in and stop this move — a federal agency can only be completely dissolved by an act of Congress.
But as Marshall and other advocates pointed out, administration officials seem keenly aware of this fact, which may be why the Education Department is keeping some staff, including Rogers, at the Education Department.
Marshall called the strategy "a sham."
