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Top Special Ed Official Steps Down as Staff Moves to Health Department

Kelly Rogers鈥 resignation from her post as acting assistant secretary over special education and rehabilitative services came as a surprise to some advocates.

Kelly Rogers鈥 resignation Wednesday from her post overseeing special education at the U.S. Department of Education comes as efforts to move staff out of the building accelerates. (Kevin Carter/Getty Images)

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Since May, Kelly Rogers has had the difficult job of making parents of students with disabilities feel better about the Trump administration鈥檚 plan to relocate oversight of special education services.

On Wednesday, she abruptly stepped down, just as roughly 100 staff members from the office handling the day-to-day management of those programs move from the Department of Education to the Department of Health and Human Services. 

“Acting Assistant Secretary Rogers is returning to her home state of Florida to take on a great opportunity and be closer to her family,鈥 Savannah Newhouse, Education Department press secretary, said in an email. 鈥淲e thank her for all of her hard work and dedication to bettering education and employment outcomes for individuals with disabilities.鈥 

Rogers, who oversees the Office of Special Education and Rehabilitative Services, or OSERS, joined the department after leading Florida鈥檚 Division of Vocational Rehabilitation. She stepped in to implement the department鈥檚 effort to give HHS more control over services for students with disabilities. With HHS Secretary Robert F. Kennedy鈥檚 comments about people with autism, parents have been strongly opposed to the move. He has linked autism to and environmental toxins and suggested children with autism won鈥檛 grow up to live .

In a July video, Kelly Rogers, acting assistant secretary of the Office of Special Education and Rehabilitative Services, tried to reassure families that services for their children would not change because of the transfer of staff to the Department of Health and Human Services.

As the mother of a son with autism, she said she could relate to parents鈥 worries and tried to project calm in the face of what she called 鈥渇alse and misleading information spreading online鈥 about the potential impact of the handover to HHS.

The Individuals with Disabilities Education Act 鈥渋s an educational law, not a medical law,鈥 she said in a . 鈥淭his partnership does not and cannot change that. Your child’s rights to a free, appropriate public education remain fully protected.鈥

But she from most advocacy organizations, who are concerned that the move, part of President Donald Trump鈥檚 long-range plan to eliminate the Education Department, would create confusion for districts and families. The department did not respond to questions about who would replace her. 

On Wednesday, the department from Erin McHugh. deputy director of the Office of Special Education Programs, who shared a report from the office鈥檚 August conference in Arlington, Virginia. The agreement with HHS, she wrote, will increase 鈥渁ccess to critical wraparound services and the use of research to inform early intervention and special education practices.鈥

But members of Congress are also skeptical and have taken steps to prevent the transfer. In late July, the Senate education committee advanced a bipartisan bill that would keep oversight of K-12 and services for students with disabilities at the Education Department. So far, it鈥檚 not scheduled for a full Senate vote. Last week, House members introduced a , but Republican leaders haven鈥檛 scheduled a mark-up. 

Meanwhile, the process of 鈥渄etailing鈥 education staff to other agencies as part of has accelerated. 

Along with OSERS relocating to HHS this week, several teams from the Office of Civil Rights will move next week to the Department of Justice. That follows the relocation of career and technical education staff to the Department of Labor last year and more than 60 employees from the Office of Elementary and Secondary Education who joined them last month.

In addition, some Education Department offices are moving to other government spaces so the can take over the Lyndon B. Johnson building. Throughout the process, the union representing Education Department employees, has argued that the interagency agreements are illegal and inefficient.

鈥淭hese moves to new facilities and the interagency agreements only make it harder for federal workers to do their jobs on behalf of the American public,鈥 Rachel Gittleman, president of the American Federation of Government Employees Local 252, said in a statement Tuesday. 鈥淭his is an insult to the tens of millions of students and families who rely on Education Department services and the taxpayers who count on federal oversight to prevent waste, fraud and abuse.鈥

Rogers鈥 resignation came as a surprise to some advocates who want to ensure there is no disruption in services.

“Having the OSERS leader step down during this transition from the Department of Education to HHS adds chaos and uncertainty, raising concerns among educators, families and advocates,鈥 said Chad Rummel, CEO of the Council for Exceptional Children. 鈥淒epartment of Education staff should be focusing on supporting educators, strengthening special education, and improving outcomes for students with disabilities, rather than getting bogged down in reporting structures, internal agreements and unclear priorities.鈥

The Council of Administrators of Special Education, the professional organization for district special education officials, was also unaware of Rogers鈥 departure. The group said it 鈥 hopes her successor is appointed quickly and has the experience and deep expertise needed to administer education programs for students with disabilities.鈥

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