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10/22/2017 8:16 am  #1


And, of course, Betsy DeVos refused to comment

Just one unqualified bozo after another in the Trump administration doing their part to “drain the swamp”.

Trump will undoubtedly file this under one more of his “accomplishments” in eliminating regulations in a tweet soon to come.

#MAGA — Making Americans Grimace Again


DeVos rescinds 72 guidance documents outlining rights for 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The Education Department has rescinded 72 policy documents that outline the rights of students with disabilities as part of the Trump administration's effort to eliminate regulations it deems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and Rehabilitative Services wrote in a newsletter Friday that it had "a total of 72 guidance documents that have been rescinded due to being outdated, unnecessary, or ineffective - 63 from the Office of Special Education Programs (OSEP) and 9 from the Rehabilitation Services Administration (RSA)."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fleshed out students' rights under the Individuals with Disabilities Education Act and the Rehabilitation Act, were rescinded Oct. 2.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.

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 The secretary in February rescinded guidance that directed schools to allow transgender students to use bathrooms in accordance with their gender identity, saying that those matters should be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.

Rep. Robert C. "Bobby" Scott, D-Va., called the elimination of the special education guidance "the latest in a series of disturbing actions taken by the Trump Administration to undermine civil rights for vulnerable Americans."

"Much of the guidance around [the Individuals with Disabilities Education Act] focused on critical clarifications of the regulations required to meet the needs of students with disabilities and provide them a free, appropriate public education in the least restrictive environment," Scott said in a statement. "Notwithstanding the actions taken by the Department today, the regulations still remained enforced; however they lack the clarification the guidance provided."

The special education guidance documents rescinded this month clarified the rights of disabled students in a number of areas, including making clear how schools could spend federal money set aside for special education. Some, like one titled "Questions and Answers on Serving Children with Disabilities Placed by Their Parents at Private Schools," translated the legal jargon into plain English for parents advocating for their children. Some of the guidance documents that were cut had been on the books since 1980s.

Jones said it is not unusual for new administrations to update documents or to eliminate redundancies, but she had never seen so many eliminated at one time.

"If the documents that are on this list are all covered in newer documents that were released - which sometimes does happen - that would be fine," said Jones." Our goal is to make sure that parents and schools and educators understand how these laws work and the department plays a critical role in that."

 

10/22/2017 8:37 am  #2


Re: And, of course, Betsy DeVos refused to comment

The question I have with this is: Were the 72 documents that were rescinded covered in newer documents or incorporated into rules and regulations, therefore making them obsolete?

Working in state government and having issued OPS Memo's (which seems alot like the OSEP Memo's which cover much of the 72 documents), these documents often become outdated because the material only applies to a certain timeframe or the information in them was updated in either a new OPS Memo or was incorporated into another more formal document (for what I did it was either the Policy Handbook or State Plan).

We use the term "obsolete" instead of rescind, but every once in a while we go through all the old documents and "obsolete" anything that no longer applies or has been incorporated elsewhere.

It would be interesting to know if that is what happened here or if this is actually changing how this department operates.

 

10/22/2017 9:05 am  #3


Re: And, of course, Betsy DeVos refused to comment

It is inexcusable that such a large body of guidelines have been rescinded without some statement explaining the action, in detail, by the Secretary.

Talk to us.

Last edited by Goose (10/22/2017 9:06 am)


We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists. 
 

10/22/2017 10:56 am  #4


Re: And, of course, Betsy DeVos refused to comment

The people thus far that have been assigned to the major US Departments seem more intent on destroying them than upholding the mandate of the Departments.  Sad. 


"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
 
 

10/22/2017 11:11 am  #5


Re: And, of course, Betsy DeVos refused to comment

Brady Bunch wrote:

The question I have with this is: Were the 72 documents that were rescinded covered in newer documents or incorporated into rules and regulations, therefore making them obsolete?

Working in state government and having issued OPS Memo's (which seems alot like the OSEP Memo's which cover much of the 72 documents), these documents often become outdated because the material only applies to a certain timeframe or the information in them was updated in either a new OPS Memo or was incorporated into another more formal document (for what I did it was either the Policy Handbook or State Plan).

We use the term "obsolete" instead of rescind, but every once in a while we go through all the old documents and "obsolete" anything that no longer applies or has been incorporated elsewhere.

It would be interesting to know if that is what happened here or if this is actually changing how this department operates.

 
That is a question that needs to be answered Brady and a reasonable person would expect the party responsible for the actions, in this case Betsy DeVos, to explain her reasoning and be available for comment to clarify the process she went through to make her determination to rescind those documents. Especially when parties that feel negatively affected by her actions and their advocates express concern or opposition to these actions and ask for clarification. For DeVos to refuse to respond to those requests demonstrates her disregard for the very people she is supposed to serve. That is inexcusable.

     Thread Starter
 

10/22/2017 3:08 pm  #6


Re: And, of course, Betsy DeVos refused to comment

Rongone wrote:

 
That is a question that needs to be answered Brady and a reasonable person would expect the party responsible for the actions, in this case Betsy DeVos, to explain her reasoning and be available for comment to clarify the process she went through to make her determination to rescind those documents. Especially when parties that feel negatively affected by her actions and their advocates express concern or opposition to these actions and ask for clarification. For DeVos to refuse to respond to those requests demonstrates her disregard for the very people she is supposed to serve. That is inexcusable.

First you have to ask if Secretary DeVos even was aware these documents were rescinded (and that is not a knock on her).

On a state level, I can tell you that the Secretary for the Department of Human Services (which is the highest person within the department, like DeVos is with Dept. of Education) had no clue when we had Memorandum's and Policy Clarifications marked as obsolete.  For comparison, there were 3 levels of management between my position and that of the Secretary.  Taking a quick look at the org chart for the Department of Education, it appears there is probably at least that many levels between Secretary DeVos and the department within OSERS that rescinded these documents.

If this was just a normal rescinding of documents due to them being no longer relevant, I highly doubt she had any clue.

Now that the press has inquired, she should have someone from the press office prepare a response (which if they do will probably be handled by someone in the department who was involved with rescinding these documents.

 

10/22/2017 5:42 pm  #7


Re: And, of course, Betsy DeVos refused to comment

Brady Bunch wrote:

Rongone wrote:

 
That is a question that needs to be answered Brady and a reasonable person would expect the party responsible for the actions, in this case Betsy DeVos, to explain her reasoning and be available for comment to clarify the process she went through to make her determination to rescind those documents. Especially when parties that feel negatively affected by her actions and their advocates express concern or opposition to these actions and ask for clarification. For DeVos to refuse to respond to those requests demonstrates her disregard for the very people she is supposed to serve. That is inexcusable.

First you have to ask if Secretary DeVos even was aware these documents were rescinded (and that is not a knock on her).

On a state level, I can tell you that the Secretary for the Department of Human Services (which is the highest person within the department, like DeVos is with Dept. of Education) had no clue when we had Memorandum's and Policy Clarifications marked as obsolete.  For comparison, there were 3 levels of management between my position and that of the Secretary.  Taking a quick look at the org chart for the Department of Education, it appears there is probably at least that many levels between Secretary DeVos and the department within OSERS that rescinded these documents.

If this was just a normal rescinding of documents due to them being no longer relevant, I highly doubt she had any clue.

Now that the press has inquired, she should have someone from the press office prepare a response (which if they do will probably be handled by someone in the department who was involved with rescinding these documents.

 
From my perspective, based upon my work experience, the ultimate responsibility for the operations and awareness of the effects of operational decisions, actions, and personnel rests with the manager/director/executive/government department secretary of the group. To suggest that this person is “clueless” about the goings on in areas of responsibility is no excuse. It only demonstrates poor management skills. Also, to suggest that someone else in the chain of command (a lower ranking employee in the department) should be charged with the responsibility to prepare a response to clarify what the actions really were, is a complete abdication of duty and responsibility. She should be fired or, at least, reprimanded.

     Thread Starter
 

10/22/2017 6:29 pm  #8


Re: And, of course, Betsy DeVos refused to comment

Rongone wrote:

From my perspective, based upon my work experience, the ultimate responsibility for the operations and awareness of the effects of operational decisions, actions, and personnel rests with the manager/director/executive/government department secretary of the group. To suggest that this person is “clueless” about the goings on in areas of responsibility is no excuse. It only demonstrates poor management skills. Also, to suggest that someone else in the chain of command (a lower ranking employee in the department) should be charged with the responsibility to prepare a response to clarify what the actions really were, is a complete abdication of duty and responsibility. She should be fired or, at least, reprimanded.

I can see making the case that she (or any Secretary) should be involved in actions that effect the department, but that is NOT what my example was about.  My example was about rescinding documents that are no longer relevant because they are outdated or were incorporated into other documents, therefore the rescinding is not effecting the operations of the department.

From my experience, state government would be paralyzed if we would have to get approval from the Secretary to get to obsolete/rescind items that were already covered in other areas and had no effect on operations or policy.

If you really believe a Secretary should be able to speak on any subject within their department without getting assistance from their staff in drafting a response, I suggest you write to your legislators (both state and federal) and either ask for them to reduce the responsibilities of government because the Secretaries don't know everything going on in their department or ask that additional government agencies be created so Secretaries can know everything that goes on in their area.

For example, when a new Secretary takes over in a PA state agency (such as DHS), each department has to complete a "Policy paper" on any topic they believe may be a politically sensitive issue so the new Secretary is aware.  I know in just the one part of DHS I was involved with had over 100 "policy papers" the last time there was a change.  And the Office I worked for was only one of about 7 or 8 that had to do the same.  Based on the structure of government as currently constituted, there is no way a Secretary of a large agency could know everything without getting the Subject Matter Expect (SME) to offer their input.

 

10/23/2017 6:39 am  #9


Re: And, of course, Betsy DeVos refused to comment

Then, based on your experience in state government operations, department operations are so large and complex that there is no way a department head or secretary could possibly be knowledgeable about everything going on within the department for which they are responsible. Did I get that right?

If that is indeed true, then it is no wonder that there is always conflict, confusion, and consternation in our government entities. Couple that with appointees in top positions in those departments who are unqualified from both expertise and management skills perspectives and what we end up with is an unmanageable mess where nothing pertinent to the needs of the citizens gets done.

Does that sound about right?

     Thread Starter
 

10/23/2017 5:08 pm  #10


Re: And, of course, Betsy DeVos refused to comment

Rongone wrote:

Then, based on your experience in state government operations, department operations are so large and complex that there is no way a department head or secretary could possibly be knowledgeable about everything going on within the department for which they are responsible. Did I get that right?

At least in the large departments, that would be accurate.  They are aware of obviously what the Governor's initiatives are for their Department and also what the "hot-button" political areas brought to their attention by activists and lobbyists.

I would not say that "nothing pertinent to the needs of the citizens gets done", because I have seen plenty of things improve within the state where the Secretary had little to zero impact on the changes/improvements that were implemented.  I think it would be fair to say that the lack of knowledge of everything going in within an agency does lead to some issues that would be easily avoidable and causes unnecessary problems.

You may want to contact your Rep Saylor and Rep Wagner and let them know you would not be in favor of Governor Wolf's proposal to combine Human Services, Health, Insurance and the Department of Drug and Alcohol Programs into 1 agency.  If you have problem with the way it is now, combining 4 agencies into 1 will not make things better

Last edited by Brady Bunch (10/23/2017 5:18 pm)

 

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