Congressman John Garamendi (CA-08) joined 85 House Democrats this week calling on the Department of Education to immediately abandon its plan to transfer the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) to the Department of Justice (DOJ).
In their letter, the members argued that the Trump Administration’s plan to dismantle OCR and OSERS through Interagency Agreements (IAAs) is unlawful because Congress established both offices and only Congress has the authority to eliminate them or alter their responsibilities.
“The law is clear: Congress created OCR and OSERS and Congress alone can eliminate them. The use of Interagency Agreements to accomplish your ‘final mission’ – to eliminate the Department in all but name – is counter to the will of Congress and rests on questionable legal ground. Even Congressional Republicans have expressed reservations and attempted to keep money appropriated to the Department within the Department, rather than being outsourced through IAAs…,” the members of Congress wrote.
The members also warned that transferring OCR and OSERS functions would weaken services for students, families, and individuals with disabilities because DOJ and HHS are ill-equipped to carry out the offices’ core functions.
“The movement of OCR and OSERS also disrespects the very people who rely on those services. Specifically, these moves effectively segregate special education from the rest of the education system, moving it to an agency that has indicated it intends to treat disabilities as a health issue to be remedied, against the wishes of groups that advocate on behalf of disabled children and their families. Such action is particularly concerning given the inaccurate and harmful comments from the HHS Secretary regarding children diagnosed with autism.
“Comments such as these will leave those relying on special education services fearful about whether their rights will be upheld and their needs met. Regarding OCR, given the sensitive nature of many of the cases it handles, victims may be hesitant to seek support knowing the investigation will be run by the nation’s primary law enforcement agency. Such delays may cause cases of discrimination to fester and worsen while sending the wrong message to vulnerable communities,” concluded the members.
In February, the Government Accountability Office (GAO) reported that the Department of Education paid OCR investigators up to $38 million not to work.
In April, the Senate HELP Committee released a report that in 2025, OCR reached zero resolution agreements involving sexual harassment, sexual violence, seclusion or restraint, racial harassment, or discriminatory school discipline — despite more than 2,700 pending cases.
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