Parents of Disabled Kids Rage as Education Department Crumbles Under Trump’s Chaos
Parents of children with disabilities are fed up. They’ve been waiting for months, some even longer, for the Education Department to address their complaints about bullying and discrimination. Now, with the department offloading civil rights enforcement and special education, advocates warn that the chaos will only worsen.
Nicole May, a mother from Ohio, filed a complaint in spring 2024 with the Office for Civil Rights, claiming her daughter faced bullying due to her hearing aids. More than two years later, the case remains unresolved. “I don’t even check in anymore with the attorney,” she said, reflecting the frustration of many.
Changes announced recently indicate that the Department of Justice will now handle civil rights enforcement in schools, while the Department of Health and Human Services will oversee special education. This shift fulfills President Donald Trump’s promise to dismantle the Education Department. Education Secretary Linda McMahon touted these changes as a means to provide more assistance to families.
However, advocates argue that special education should not be under a health department that views disabilities as conditions to manage rather than differences in learning. The top Republican on the Senate education committee agrees, vowing to pursue legislation to keep special education out of Health and Human Services.
Some families are already redirecting their discrimination cases elsewhere. The response to the announcement has been one of resignation for many. The Education Department’s civil rights office was once a last resort for parents facing discrimination, but under Trump, the backlog of cases has exploded while resolutions have plummeted. Attorneys are increasingly seeking justice through alternative channels.
This reaction starkly contrasts with the panic felt just a year ago when staff cuts at the Education Department sent parents and attorneys into a frenzy. The Office of Special Education and Rehabilitative Services has shrunk by about a third since 2024, while the Office for Civil Rights is roughly 40% smaller. The Department of Justice’s Education Opportunities Section has also been halved, according to estimates from Justice Connection.
Emily Harvey, co-legal director at Disability Justice, noted that many are angry but feel powerless. She has cases pending alleging illegal enrollment rejections based on disabilities and excessive restraint practices in schools. “I feel like they’re probably collecting dust on a virtual shelf somewhere,” she said.
In response to the federal backlog, Harvey helped push for a new Colorado law expanding civil rights cases that state education officials can pursue. While states already investigate various special education complaints, this legislation allows Colorado to tackle cases typically handled at the federal level, including discrimination and harassment allegations.
Harvey criticized the federal civil rights office for its diminishing effectiveness. “I think it’s become even less help for people who are trying to resolve issues,” she stated, having previously worked as a civil rights attorney for the Education Department.
Craig Haller, a Boston-area special education advocate, reported no updates on a complaint he filed last year with the Office for Civil Rights. Since the Trump administration began dismantling the department, he has relied more on Massachusetts’s state system for resolving special education issues.
Haller successfully navigated that system to assist a student wrongfully suspended without consideration of his special education plan. “I got it fixed for my client,” he said, but lamented that without the federal Office for Civil Rights, systemic issues remain unaddressed.
Department workers are feeling the strain of these changes. While Congress cannot close the Education Department outright, McMahon has signed ten agreements transferring functions to other federal agencies. These agreements have not reduced employee numbers but have created inefficiencies in equipment and access at new postings.
Rachel Gittleman, president of the union representing department workers, described the implementation as highly inefficient. The fragmentation of programs and oversight raises concerns about what might slip through the cracks, according to special education advocates.
Robyn Linscott from The Arc of the United States recalled attending a listening session where families expressed barriers to accessing support services. Despite acknowledging systemic breaks, not one parent advocated for moving oversight of special education to Health and Human Services.
She wasn’t surprised by the Trump administration’s decision. “It has only been 24 hours, but I think we anticipated this move for over a year,” she remarked.
In Congress, bipartisan senators are pledging to halt the transfer of special education oversight to Health and Human Services. Republican Senator Bill Cassidy stated he would work with Democratic Senator Tim Kaine on legislative action to push back against this move. Cassidy has personal experience with educational challenges faced by children with disabilities through his wife’s involvement in charter schools for dyslexic students.
If special education must be moved, Cassidy suggested it should go to the Labor Department instead, which he believes is better equipped to support individuals with disabilities in learning and working environments.
Ultimately, parents care about securing necessary services for their children. Rob Harris, an IEP advocate in Colorado, emphasized that families spend excessive time navigating systems that should work together but often do not. He knows this firsthand; his 19-year-old daughter is blind.
“Families don’t experience the government through organizational charts,” Harris stated. “We experience it through the services our children receive.”
____
____
