Kids’ disability rights cases stalled as Trump began to overhaul Education Department

Kids’ disability rights cases stalled as Trump began to overhaul Education Department

Christine Smith Olsey knew something was wrong with her son’s progress at school, even though the teachers told her to trust the experts. Her second-grade son struggled with reading and was teased by other kids so much that he started calling himself “an idiot.”

Although he was getting speech and occupational therapy, Smith Olsey said his Denver charter school pushed back when she asked for more academic help. So, she filed a complaint with the state and, eventually, with the Education Department’s Office for Civil Rights in September.

But in January, everything came to a halt. A mediator wrote to her, saying, “I have to postpone meetings with you to discuss the case,” and apologized for the inconvenience. The delay was a result of the Education Department’s shift under President Trump, which put investigations and mediations around disability rights on hold.

The civil rights office of the Education Department has long been a key player in protecting the rights of children with disabilities, enforcing the Individuals with Disabilities Education Act. Parents typically file complaints when schools aren’t providing the accommodations their children need, which federal law requires. While it’s normal for new administrations to freeze cases while they reorganize, it’s uncommon for urgent cases like Smith Olsey’s to be ignored.

Under Trump, the Education Department shifted its focus to issues like antisemitism and transgender athletes in women’s sports. But many parents were left anxious, wondering whether the government would continue to prioritize disabled students’ rights. Catherine Lhamon, who led the office under former Presidents Obama and Biden, expressed concern that if the department wasn’t actively protecting these rights, it wasn’t doing its job.

The good news? The Education Department recently resumed reviewing disability complaints, lifting the freeze on cases after the AP inquired about it. Julie Hartman, a spokesperson, pointed out that the pause was lifted earlier than under the Biden administration.

Between 2021 and 2024, the Office for Civil Rights received over 27,000 complaints related to disability rights. While politics can influence priorities, disability discrimination complaints have historically made up more than half of the cases. However, last year, complaints related to sex discrimination took the lead.

Staffing shortages have added to the challenge of processing these cases, leading to even more concern about the department’s future role in overseeing disability rights. Many parents and advocates fear that the Trump administration’s push to shrink the Education Department could leave disabled students without the protections they need.

During Linda McMahon’s confirmation hearing for Education Secretary, Democrats questioned whether she would support enforcing disability rights. She suggested that the Department of Health and Human Services might take over this responsibility, but Senator Maggie Hassan of New Hampshire emphasized the importance of the Education Department’s role in making sure disabled kids get the education they deserve.

“There’s a reason the Department of Education exists,” she said. “It takes national commitment to get it done.”

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Bmarshall
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