Federal Education Shake-Up: What the Shift in Special Education Oversight Means
The U.S. Department of Education’s recent decision to transfer oversight of special education to the Department of Health and Human Services (HHS) has stirred significant concern among disability rights advocates. This move, part of a broader administrative effort to restructure federal education responsibilities, has left many with unanswered questions.
In a recent call with disability advocates, the Department of Education attempted to calm these concerns. However, Chad Rummel, leader of the Council for Exceptional Children, noted that “Today’s briefing left more questions than answers for parents and educators.” The lack of a transparent plan around this transition to HHS has been a particular point of contention (source).
The acting assistant secretary for special education, Kelly Rogers, addressed these concerns by asserting that the Individuals with Disabilities Education Act (IDEA), which ensures educational rights for students with disabilities, would remain intact. “The U.S. Health and Human Services is not taking over IDEA. Period,” she stated. Despite this assurance, the plan involves moving staff from the Office for Special Education and Rehabilitative Services (OSERS) to HHS, while Rogers will continue overseeing them from the Education Department, with HHS’s support.
While the department frames this as a bureaucratic efficiency move, advocates like Denise Marshall, CEO of the Council of Parent Attorneys and Advocates (COPAA), argue it adds complexity. “This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators, and state agencies,” Marshall commented.
Despite the administration’s commitment to maintaining federal protections for individuals with disabilities, no specific timeline for these changes has been shared. Rogers reiterated, “This administration is firmly committed to carrying out the federal government’s duty to enforce federal protections for individuals with disabilities,” emphasizing that the new partnership with HHS would not change this obligation.
The Education Department has not clarified when these changes will take effect, but press secretary Savannah Newhouse assured NPR that “Advocates, parents, and teachers in the special education community have nothing to fear” from the transition. Newhouse emphasized that the partnership with HHS aims to leverage their expertise with individuals with disabilities across all ages.
This announcement follows a broader plan by the Trump administration to redistribute key functions of the Education Department to other agencies, as part of its “Returning Education to the States” initiative (details here).
The disability community remains vigilant, worried about potential impacts on students. Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities, highlighted concerns that while IDEA remains on paper, its practical implementation might suffer. She warned of “more confusion, slower guidance, weaker monitoring and less accountability when services are delayed or denied.”
Newhouse countered these concerns by stating that changing the location of staff does not alter their responsibilities or dedication to serving students with disabilities. However, the long-term effects on federal funding channels and oversight remain uncertain.
Marshall of COPAA emphasized that while the administration acknowledges the Department of Education’s legal responsibility over IDEA, the reorganization doesn’t advance the goal of dismantling the department. She urged Congress to intervene, noting that a complete dissolution of a federal agency requires legislative approval.
The strategic retention of some staff, including Rogers, within the Department of Education, may indicate an awareness of these legal constraints. Marshall criticized this approach, labeling it “a sham.”
Edited by: Nirvi Shah
Visual design and development by: LA Johnson
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