What happened
The government runs public schools through a part of the government called the Department of Education.
Inside the Department of Education, there are two important offices.
One office helps disabled students. It is called the Office of Special Education and Rehabilitative Services (OSERS). OSERS makes sure schools follow a law called the Individuals with Disabilities Education Act (IDEA). IDEA gives disabled children the right to a free public education that fits their needs.
The other office protects students from unfair treatment. It is called the Office for Civil Rights (OCR). OCR steps in when a school treats a student unfairly because of disability, race, sex, or where they come from.
Today, there was an announcement that said these two offices will be moved out of the Department of Education.
- OSERS will move to the Department of Health and Human Services. That is the part of the government that deals with health.
- OCR will move to the Department of Justice. That is the part of the government that deals with courts and crime.
The administration calls this a “partnership.” It says the change will make things better.
We do not agree.
Why DREDF thinks this is wrong
It is against the law. Congress is the part of the government that makes laws. Congress decided that these offices belong in the Department of Education. The president cannot move them on his own. He needs Congress to agree. Congress has not agreed. So this move breaks the law.
It takes away rights that disabled people fought hard to win. A long time ago, disabled children were kept out of public schools. Many got no education at all. Disabled people fought to change this. They protested. They refused to give up. Because of them, we got laws like IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. These laws protect disabled people today. This change puts those protections at risk.
It treats disability like a sickness instead of a right. Moving school services for disabled students to the health department sends the wrong message. It treats disabled students like patients to be fixed. But disabled students are students first. They belong in school, in the same classrooms as everyone else. Education is a right, not a medical problem.
It hurts the students who already get the least help. OCR protects all students, not just disabled students. It also protects students of color, girls, LGBTQ+ students, and students learning English. Many disabled students are part of these groups too. This change puts these students in the most danger.
What this means for students and families
If you are a disabled student or your child is disabled, this change could make things harder.
- It may be confusing to know who to call when you or your child needs help.
- It may take longer to get the services you or your child needs.
- It may be harder to get the school to follow the law.
We want you to know one thing clearly: your rights have not changed. The law still protects you or your child. DREDF is still here to help.
What can I do?
You can help. Here are some things you can do.
Call Congress. Congress can stop this. Call your senators and your representative. Tell them to keep these offices in the Department of Education.
- Call the U.S. Capitol at 202-224-3121. Ask for your senator or representative by name. A staff member will answer.
- Not sure who represents you? Go to congress.gov/members/find-your-member and enter in your address.
- You can say: “My name is [your name]. I am from [your town]. Please keep OSERS and OCR in the Department of Education. Please protect disabled students’ rights.”
Share this. Tell your friends and family across the country what is happening. Share this statement. The more people who know, the harder this is to ignore.
Keep speaking up for your child. Do not stop asking your school to follow the law. Keep going to IEP meetings. Keep asking for the services you or your child needs. Your rights have not changed.
Tell your story. If you or your child have been hurt by problems at school, your story matters. Stories help other people understand why this fight is important.
Stay connected with DREDF. Sign up for our newsletter and check our Hands Off Education page for updates. We will tell you what to do next.
What DREDF is doing
DREDF has fought for disabled people’s rights for more than 40 years. We are based in Berkeley, California. We helped build the very laws this change puts at risk. We are not going anywhere. We are available to advise disabled students and their families about their rights.
We are asking Congress to step in and stop this. We are asking schools and states to keep following the law. And we are telling disabled students and their families: we will keep fighting for you.
