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Democrat senators probe Trump administration on the future of special education in the US


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Democratic senators are pressing the Trump administration to lay out how it will protect the legal rights of students with disabilities amid its shake-up of the Department of Education.

Twenty-three Democrat senators sent a letter to Education Secretary Linda McMahon seeking answers to a series of questions about students with disabilities, including whether they will be given access to a "free and appropriate public education" as required by federal law and how layoffs at the department will affect kids and schools.

The senators argue in their letter that the Education Department and its decadeslong functions are essential to the well-being of the millions of students with disabilities across the nation. Sen. Lisa Blunt Rochester (D-Del.) initiated the letter.

"Shuttering the Department will cause immense harm to all students, and especially students with disabilities and their families who rely on federal funding for key special education services and support," the senators wrote in their letter. "Over the years, the Department has developed specific expertise to deliver on the promise that children with disabilities will have equal and fair access to educational opportunity in the United States."

The Democrats' inquiry is joined by the nation's two largest teachers unions and dozens of disability advocacy organizations, including the Autism Society of America, the Disability Rights Education & Defense Fund and the National Down Syndrome Society.

Parents of students with disabilities and disability advocates have raised alarms about their legal rights after the Trump administration laid off about half of the staffers at the Education Department. Last month, President Donald Trump signed an executive order seeking to shutter the federal agency.

Congress would ultimately decide whether the Education Department can be eliminated.

Trump has clarified that the special education services "will be fully preserved" and said those responsibilities would be transferred to the Department of Health and Human Services.

An education matter, or a health issue?

The senators criticized that decision in their letter Wednesday, arguing that students with disabilities don't need oversight or assistance from medical experts but instead need expertise from education experts.

"The Department of Education is the only agency with an existing institutional infrastructure and a staff of subject matter experts dedicated to ensuring equal educational opportunity for children and students with disabilities," they said. "Transferring these authorities to HHS will not only overburden an agency already confronting massive workforce cuts orchestrated by this administration, but it will also stretch HHS beyond its expertise as medical, rather than educational, professionals."

An Education Department spokesman said no action has yet been taken to move federally mandated programs out of the agency.

How will Education Department layoffs affect the Individuals with Disabilities Education Act?

In their letter to McMahon, senators asked how layoffs at the agency will affect its ability to enforce the Individuals with Disabilities Education Act, which ensures students with disabilities receive "a free and appropriate public education."

They also asked about the Trump administration's plan to ensure that all legal obligations to students with disabilities are "properly delivered in light of recent executive actions" and whether the administration plans to "commit to the timely investigation of all disability-based discrimination complaints received by Office for Civil Rights."

In addition, they are seeking evidence from the Trump administration "that indicates transferring existing programs to other agencies will be more efficient and improve outcomes for students with disabilities."

'These cuts will negatively impact critical research'

The senators used their letter to criticize the Department of Government Efficiency for slashing $900 million in education-related research contracts and more than $600 million in educator preparation grants.

Trump and many of his supporters have said that a nation without a federal Education Department will save the federal government billions of dollars.

The senators argue that these services are sorely needed and aren't the right place to make cuts.

"These cuts will negatively impact critical research into best practices to support students with disabilities who have the shared dream of graduating high school and contributing to our economy," the letter reads.

"We cannot effectively serve students with disabilities or make informed policy decisions without quality information and highly qualified teachers."

Contact Kayla Jimenez at kjimenez@usatoday.com. Follow her on X at @kaylajjimenez.