This week, the U.S. Department of Education announced four new interagency agreements (IAAs) to continue shifting its non-statutory responsibilities to other agencies. These new partnerships bring the Department’s total number of IAAs to 14 across six federal agencies, and represent some of the most consequential structural changes to the Education Department to date.

One of the new agreements shifts the administration of some special education programming to the U.S. Department of Health and Human Services (HHS)—a long-time plan of the Trump administration finally coming to fruition. The other three agreements are with the U.S. Department of Justice (DOJ), most notably on civil rights enforcement, but also pertaining to student privacy and federal technical assistance.

There are concerns about the IAAs, and the proposed move of the Office of Special Education and Rehabilitative Services (OSERS) in particular. There is a reason the “E” in IDEA stands for “Education” and why the law requires Individual Education Plans (IEPs) for students receiving services. It’s an education law.

The Council of Administrators of Special Education (CASE) put it this way: “OSERS administers IDEA, an education law, not a health care law. OCR plays a vital role in enforcing IDEA and other education laws. Both should remain in the Department of Education under the leadership of education experts.”

Former Secretary of Education and Bipartisan Policy Center President and CEO Margaret Spellings was equally direct: “[Dismantling] the Department of Education piece by piece and shuffling programs between agencies is not reform. It is an expansion of bureaucracy by requiring two agencies to jointly manage each program, and a distraction from the real and urgent work in front of us.”

Litigation is likely, and Congress will have its own say through the appropriations process. More on those as they develop.

Special Education and Rehabilitation Services to HHS

HHS will “support the administration” of several programs under the Office of Special Education and Rehabilitation Services (OSERS). According to the Education Department, HHS—which oversees Medicaid, the Children’s Health Insurance Program, Head Start, and other programs that support individuals with disabilities—is uniquely positioned to strengthen the programs and grants offered through OSERs.

Under the IAA, HHS will manage formula and discretionary grants programs authorized under the Individuals with Disabilities in Education Act (Parts B, C, and D), the Rehabilitation Act of 1973, and the Vocational Rehabilitation Disability Innovation Fund, among others. 

OCR, Student Privacy, and Training and Advisory Services to DOJ

  • Office for Civil Rights: DOJ will work more closely with the Education Department’s Office for Civil Rights (OCR) to “support the vigorous enforcement” of federal civil rights laws. According to ED, the partnership is not expected to impact students, parents, or families. Individuals who believe they have been discriminated against will still use the OCR Complaint Assessment System, according to the announcement. The summary of the IAA released by ED and DOJ indicates that the focus of the partnership will be on leveraging DOJ’s enforcement powers to make civil rights enforcement more efficient. 
  • Student Privacy Policy Office: Through the third IAA, DOJ will take on a greater role in reviewing privacy violation complaints, conducting related investigations and recommending resolutions to complaints. ED will, however, continue to manage and lead its Student Privacy Policy Office which is tasked with enforcing FERPA and the Protection of Pupil Rights Amendment. ED will retain final authority over all enforcement decisions.
  • Training and Advisory Services: Under the fourth IAA, DOJ will now provide technical assistance to school boards, SEAs, LEAs, and schools on the implementation of plans to desegregate schools. ED will continue to manage the Training and Advisory Services program through policy guidance and rulemaking even as DOJ takes on a greater technical assistance role.

This article is sourced from Whiteboard Notes, our weekly newsletter of the latest education policy and industry news read by thousands of education leaders, investors, grantmakers, and entrepreneurs. Subscribe here.