Members of the California Congressional Delegation
United States Congress
Washington, D.C.

Re: Opposition to the Diminishment of the Department of Education, Closure of Office for Civil Rights Regional Offices, and Federally Mandated School Choice Programs for Private Schools 

Dear California Senators and Representatives, 

Disability Rights California (DRC) strongly opposes efforts to weaken the U.S. Department of Education’s protections, including the closure of Office for Civil Rights (OCR) regional offices and the expansion of voucher programs that funnel public funds into private schools with fewer legal protections for students. 

As California’s federally designated Protection & Advocacy (P&A) agency, DRC safeguards the rights of individuals with disabilities in education, healthcare, housing, employment, and public benefits. Each year, our advocates represent thousands of students with disabilities across the state. We are uniquely positioned to understand and convey the harm these proposals would cause. 

Overview 

The U.S. Department of Education enforces civil rights, ensures equitable access to education, and administers essential programs, including: 

• Title I – Provides federal funding to schools serving low-income students, helping to reduce educational disparities. 
• Individuals with Disabilities Education Act (IDEA) – Guarantees children with disabilities a free, appropriate public education in the least restrictive environment. 
• Office for Civil Rights (OCR) – Investigates discrimination complaints and enforces federal civil rights laws in education. 

Special Education Funding and IDEA 

Eliminating or weakening the Department of Education would significantly disrupt special education services nationwide. Federal IDEA funding currently accounts for 14–24% of states’ special education budgets and nearly 10% of California’s total education budget. Without this funding, California schools would struggle to provide the legally required services and supports that students with disabilities are entitled to under federal law. 

California receives over $10 billion annually in federal education funding, including $1.5 billion for special education, serving more than 850,000 students with disabilities. Any cuts to these funds would have devastating consequences, forcing schools to eliminate crucial programs and disproportionately harming students with disabilities and low-income families. 

Additionally, the Department of Education’s Office of Special Education Programs (OSEP) provides essential guidance on special education law to public schools, states, and stakeholders nationwide. Weakening this role would lead to inconsistent decision-making across states, greater confusion, and increased litigation as families fight for the services their children are entitled to under federal law. 

Civil Rights Enforcement 

The Department of Education recently announced the closure of seven of its twelve regional OCR offices. OCR plays a critical role in holding school districts accountable for discrimination based on disability, race, religion, and gender. DRC currently has open OCR investigations in the offices slated for closure, yet there has been no communication about how these cases will be handled or their expected timelines. Reducing OCR’s staff and closing more than half of its offices will deprive students of critical federal protections, create inconsistent state standards, and increase the risk of civil rights violations. 

Transferring OCR’s oversight to the Department of Justice (DOJ) is deeply concerning, as the DOJ has the authority to decline cases, making it significantly harder for families to seek justice when schools fail to comply with federal education laws. Furthermore, the DOJ’s enforcement priorities and personnel decisions have increasingly been subject to political influence, raising concerns about its ability to remain a neutral and effective guardian of civil rights in education. Maintaining OCR within the Department of Education and ensuring it is fully staffed is essential to preserving accessible and impartial enforcement mechanisms for students with disabilities. 

Keeping Public Education Public 

We strongly oppose federally mandated school voucher programs that divert public funds to private schools. These programs would increase segregation of students with disabilities and undo decades of progress in creating inclusive classrooms and schools. 

While proponents argue that school vouchers expand educational opportunities, private schools benefiting from these funds are not held to the same legal obligations as public schools. Specifically, private schools receiving public voucher money are not required to: 

• Serve students with disabilities or provide necessary accommodations. 
• Adhere to state curriculum standards to ensure a quality education. 
• Ensure transparency in student outcomes and accountability measures. 

State-level data shows that 70–95% of families who receive private school vouchers had already enrolled their children in private schools. This demonstrates that vouchers largely serve as a subsidy for well-off families rather than expanding access to quality education for underserved students. Moreover, there are simply not enough private schools to accommodate all students, and diverting public funds would further destabilize the public school system, leaving families who need the most support with the fewest resources. 

Conclusion 

For these reasons, we urge you to oppose all efforts to abolish or defund the Department of Education, close OCR regional offices, or implement federally funded school voucher programs that lack enforceable protections for students with disabilities. These actions threaten the integrity of our education system and place millions of vulnerable students at risk. 

We appreciate your leadership and commitment to safeguarding the educational rights of all students. We welcome the opportunity to discuss this issue further and can be reached at Andy.Imparato@disabilityrightsca.org and Gabriela.Torres@disabilityrightsca.org. 

Sincerely,

Andy Imparato
Chief Executive Officer
Disability Rights California

Gabriela M. Torres
Litigation Counsel
Disability Rights California