By admin 
On Tuesday, the Trump administration announced that it would move two key functions of the Department of Education—disability education oversight and the department’s Office for Civil Rights—to the Department of Health and Human Services and the Department of Justice, respectively, in a move that would give HHS Secretary Robert F. Kennedy Jr. oversight over the nation’s disability education system.
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In a press release, Education Secretary Linda McMahon, who is overseeing the Project 2025–mandated dismantling of the department, said without elaborating that the decision was made after “careful deliberation and collaboration with stakeholders.” Many disability and other equity-focused organizations have been afraid since President Trump resumed office that he would go through with threats to eliminate the department, long a target of right-wing institutions like the Heritage Foundation.
Even setting aside who runs them—Kennedy at HHS, Acting Attorney General Todd Blanche at the Justice Department—the new agencies aren’t appropriate choices to oversee those functions, experts say. “HHS and DOJ have important roles, but they weren’t built to replace the Department of Education’s school-specific expertise,” said Robyn Linscott, The Arc’s director of education and family policy, in a statement. “Moving [Individuals with Disabilities Education Act] oversight into HHS pushes students with disabilities toward a medical model, where disability is treated as a diagnosis to manage instead of a natural part of human life.”
The National Down Syndrome Congress also called for Congress to halt the changes. “For decades, IDEA, vocational rehabilitation, and the Office of Civil Rights have helped expand educational opportunities, employment, and community inclusion for people with disabilities,” roles that would now be under threat, said Stephanie Smith Lee, the group’s policy and advocacy co-director and former director of the Office of Special Education Programs under George W. Bush, in a press release opposing the plan.
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At HHS, disability education would fall under the oversight of an agency head, Kennedy, who has spent decades spreading disinformation about autism and villainizing autistic people.
“As autistic people, we don’t feel safe having RFK Jr. in charge of our education,” Autistic Self-Advocacy Network policy analyst Cameron Lynch said to me. “Autistic students deserve to have their education accommodated for them and provided with the services and supports that they need, rather than trying to be cured from their autism, as RFK Jr. has suggested.”
Carrie Gillispie, New America’s project director of early development and disability, voiced similar concerns. “Successfully supporting the education of students with disabilities requires a scientific and social understanding of disability and learning science,” she said, “neither of which is reflected in [Kennedy]’s rhetoric and policy decisions.”
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