(The Center Square) – One function of the federal Department of Education historically has been to hear and pursue complaints of civil rights violations in schools.
With major changes to the department and Secretary Linda McMahon seeking to “put herself out of a job” through cuts, some worry that the integrity of that function will be lost.
Sen. Lindsey Williams, D-Pittsburgh, announced legislation to create a mechanism within the state to serve those functions, calling federal actions “shortsighted and cruel.” The bill would empower the state to investigate and enforce violations of the federal Individuals with Disabilities Education Act.
“In order to protect their right to public education, students and parents need a real place to go when they are being discriminated against or harassed,” said Williams. “Instead, the federal government has gutted the Department of Education and shuttered the Pennsylvania Office of Civil Rights. This means if a student in Pennsylvania files a complaint about not receiving the resources they are legally entitled to, it would be handled by an office in Atlanta, if investigated at all.”
Referring to a ProPublica article, Williams also noted that McMahon had appointed at least 20 staff members from “ultraconservative think tanks and advocacy groups ‘eager to de-emphasize public schools’ and push students into private and religious schools, neither of which are required to educate students with disabilities.”
Those who advocate for dismantling the Department of Education say that it is outside the purview of the federal government and should be handled at the state level. Some point to the Constitution and say that if it was not initially a Congressional appropriation.
The Department of Education was established as an independent cabinet department via Congress in 1979 and began operations in 1980 after over a century of operations under other authorities.
