Last week, the U.S. Department of Education announced its plans to move the Office of Special Education and Rehabilitative Services (OSERS) to the U.S. Department of Health and Human Services (HHS) and to move the Office for Civil Rights (OCR) to the U.S. Department of Justice. TASH is deeply concerned about the implications these changes may have for students with disabilities and their families. TASH is committed to promoting equity, opportunity, and inclusion for people with the most significant support needs across the lifespan. This includes supporting policy and legislation that protects the rights, and supports inclusion, of students with disabilities in our nation’s schools.
Although these Offices are moving to other Departments, they remain legally responsible for upholding the requirements of the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). Moving special education oversight to HHS from the Education Department could result in weakening specialized expertise and protections for students with disabilities, and risks framing disability as a medical issue rather than an educational and civil rights issue. This distinction may have real consequences for how students with disabilities are served, supported, and included.
Although we adamantly oppose the restructuring of OSERS and OCR, we call on federal leaders to ensure that any such restructuring does not diminish the civil rights protections and educational entitlements that students with disabilities and their families depend on. TASH will continue to advocate for policies that guarantee that all students with disabilities and their families receive the services they are entitled to and are protected from discrimination.