During her confirmation hearings, Betsy DeVos seemed unclear about the extent to which children with disabilities were protected by federal law.
Democratic senators challenged her knowledge–or lack of knowledge–of the federal law protecting these children. Many assumed her unwillingness to comment reflected her ignorance of the Individuals with Disabilities in Education Act and other legislation and court decisions.
Now, however, there seems to be a darker reason for her incoherence. She doesn’t think the federal government should intrude into decisions that she thinks belongs to states and localities.
She has rescinded 72 “guidance documents” about protecting the rights of students with disabilities.
The Education Department has rescinded 72 policy documents that outline the rights of students with disabilities as part of the Trump administration’s effort to eliminate regulations it deems superfluous.
The Office of Special Education and Rehabilitative Services wrote in a newsletter Friday that it had “a total of 72 guidance documents that have been rescinded due to being outdated, unnecessary, or ineffective – 63 from the Office of Special Education Programs (OSEP) and 9 from the Rehabilitation Services Administration (RSA).” The documents, which fleshed out students’ rights under the Individuals with Disabilities Education Act and the Rehabilitation Act, were rescinded Oct. 2.
A spokeswoman for Education Secretary Betsy DeVos did not respond to requests for comment.
Advocates for students with disabilities were still reviewing the changes to determine their impact. Lindsay Jones, the chief policy and advocacy officer for the National Center for Learning Disabilities, said she was particularly concerned to see guidance documents outlining how schools could use federal special education money removed.
“All of these are meant to be very useful . . . in helping schools and parents understand and fill in with concrete examples the way the law is meant to work when it’s being implemented in various situations,” said Jones.
President Donald Trump in February signed an executive order “to alleviate unnecessary regulatory burdens,” spurring Education Department officials to begin a top-to-bottom review of its regulations. The department sought comments on possible changes to the special education guidance and held a hearing, during which many disability rights groups and other education advocates pressed officials to keep all of the guidance documents in place, said Jones.
DeVos is moving with all deliberate speed to eliminate the federal role in protecting the civil rights of groups of students who relied on the U.S. Department of Education.
This is not the first time DeVos has rolled back Education Department guidance, moves that have raised the ire of civil rights groups. The secretary in February rescinded guidance that directed schools to allow transgender students to use bathrooms in accordance with their gender identity, saying that those matters should be left up to state and local school officials. In September, she scrapped rules that outlined how schools should investigate allegations of sexual assault, arguing that the Obama-era guidance did not sufficiently take into account the rights of the accused.
This should not come as a surprise. Betsy DeVos is a libertarian who does not believe in federal intervention to protect vulnerable groups of students.
Somehow the label “libertarian” does not fit.
I guess it is my old-school mindset that still attaches a spirit of generosity and care for others to being liberal.
Devos, Trump, and the whole Friedman crowd strike me as intolerant of others, self-centered, and committed to governance by the not so invisible hand of “markets.”
The Libertarian pledge of allegiance
“With Liberty and just us for all”
I am dismayed that students with disabilities are not being protected. How can anyone with a conscious do such a thing? Of course, Trump has already proven that he dislikes disabled people. Look at how he mocked a journalist with disabilities. Trump’s jerking and folly show that he has no compassion for anyone. People and students with disabilities are working against terrific odds to become productive members of society. It is a disgrace to this country to have their protections removed.
When will people get tired of Trump, DeVos and the whole team of people with no conscious thoughts to helping those who need help? I think about those who are suffering in Puerto Rico, those who are suffering in war torn countries and those who have no decent water to drink or decent food to eat. Look at the refugees in Bangladesh who have had to flee from Pakistan. The Rohingya’s are suffering tremendously. Where is the US in helping any of these people?
Those who are suffering need care and compassion. That is totally lacking in this administration.
Only 72?
Betsy must have been feeling especially compassionate.
DeVoodoo is a DITZ.
The DITZ!
(you give all good ditzes a bad name by using “a”)
As important as guidance documents are in protecting the rights of students with disabilities, they are not regulations. No regulations were rescinded by this action.
I think that’s a distinction without a difference. As any government bureaucrat knows, the interpretation and (non-)implementation of regulations are the de facto force or lack thereof of how they are implemented.
Speaking as one such government bureaucrat, I agree that the interpretation of regulations is key to enforcement. However, many of these guidance documents are simply outdated, superseded by later versions of IDEA or ESSA, e.g. the requirement for LEA’s to hire “Highly Qualified Teachers”. HQA was removed from the 2015 ESSA reauthorization so the Q & A on implementation of HQA, one of those 72 docs, is no longer relevant.
One guidance document that has raised a lot of concern regards students with disabilities parentally placed in private schools.* The lack of clear guidance could result in LEA’s not doing their required due diligence for child find and providing services, aka “proportionate share”. It’s still in IDEA though and states that do effective monitoring (states monitor IDEA implementation) would still be checking to see that it’s occurring.
*Link to guidance: https://www2.ed.gov/policy/speced/guid/idea/faq-parent-placed.pdf
Thanks, Sally!
Cross-posted at https://www.opednews.com/Quicklink/DeVos-rescinds-72-guidance-in-Best_Web_OpEds-Betsy-Devos_Children_Civil-Rights_Civil-Rights-Violations-171023-72.html#comment677216
with this comment
Mark Fiore’s animation Kill-A-Kid for Congress offers a look at how the “financial burdens” of these ‘unnecessary regulatory burdens,’ can be alleviated.
http://www.markfiore.com/october-december-2017/2017/10/11/kill-a-kid-for-congress
Both ESQUIRE (Charles H. Pierce) and GQ are aghast at Devos’ latest move:
First ESQUIRE’s Charles H. Pierce:
http://www.esquire.com/news-politics/politics/a13069732/betsy-devos-doe/
Second there’s GQ’s Jack Moore
https://www.gq.com/story/betsy-devos-disable-rights-guidelines
GQ’s Jack Moore:
“The Betsy DeVos Department of Education doesn’t have many guiding principles, but one of them sure as hell seems to be ‘burn it all down.’
” … ”
“Just when you thought that there was no way this administration could get any meaner, here they go dismantling protections for disabled people in schools.
“And for what reason? I’d love to tell you, but the DeVos Education Department didn’t have any comment, because of course they didn’t. Not bothering to defend the indefensible is pretty much what this Department of Education is all about.”
“It was plain during her confirmation hearing that Betsy DeVos was no more qualified to work in education than is your average wombat.” Wombats everywhere resent the comparison.
Here’s another good summary, not new to us here, but perhaps worth sharing with others: https://www.huffingtonpost.com/entry/betsy-devos-most-hated-secretary_us_59ee3d3be4b003385ac13c9b?ncid=inblnkushpmg00000009
Betsy De Vos’s policies are a blight on our advances and society as a whole. She should be condemned in the strongest terms possible for her cruelty.