Advocates Alarmed As Education Dept. Details Special Ed Shift To HHS
Education Department officials told disability advocates in a private briefing call on Thursday, July 9, that special education staff will move to the Department of Health and Human Services, prompting alarm among disability groups.[1]
Acting assistant secretary Kelly Rogers said the Office of Special Education and Rehabilitative Services staff would transfer to HHS while she continued to oversee them with HHS support.[1] Advocates from the Council for Exceptional Children and the Council of Parent Attorneys and Advocates said the briefing left them with more questions and no clear plan or timeline.[1] Education Department press secretary Savannah Newhouse emailed NPR that advocates "have nothing to fear" and that the partnership places responsibilities in a better positioned agency.[1]
On June 16 the department announced interagency agreements shifting the Office of Special Education and Rehabilitative Services to HHS and moving civil rights enforcement to the Justice Department.[1] Officials framed the agreements as part of the "Returning Education to the States" initiative to shrink the Education Department by moving programs and oversight into other agencies.[1]
Roughly 8.2 million children ages 3-21 received special education services in the 2023-24 school year, and Congress appropriated about $15.4 billion for Individuals with Disabilities Education Act (IDEA) programs in fiscal 2025. Advocates warn the move could add bureaucracy, weaken protections for individualized education programs, and blur special education with broader health and welfare systems.
The mainstream summary does not address the concerns raised by former Republican special education chiefs, who argue that shifting oversight to HHS may lead to increased bureaucracy and inconsistent guidance, contradicting the Education Department's claims of improved accountability. These advocates fear that the move could result in special education being perceived as a welfare program, potentially undermining protections for students' individualized education programs (IEPs) and anti-discrimination rights, a perspective echoed by Representative Lloyd Doggett. Additionally, while the summary mentions the transfer of staff and responsibilities, it fails to highlight that this process will unfold gradually, leaving many advocates uncertain about the timeline and the implications for services provided to the approximately 8.2 million students currently receiving special education under IDEA. This gradual implementation may exacerbate existing fears about the adequacy of protections during the transition.[2][3]
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📊 Relevant Data
Approximately 8.2 million students ages 3–21 received special education and related services under IDEA in the most recent data year.
Number of IDEA-eligible Students Increases 3 Percent in 2024; Tops 8 Million — The Advocacy Institute
Congress appropriated approximately $15.4 billion for IDEA programs in FY2025, with $14.6 billion allocated to Part B grants supporting school-age and preschool children with disabilities.
The Individuals with Disabilities Education Act (IDEA), Part B — Congressional Research Service
📌 Key Facts
- On Thursday, July 9, 2026, Education Department officials held a private briefing call with disability rights advocates about shifting special education offices to HHS.
- Acting assistant secretary Kelly Rogers said OSERS staff would move to HHS but that she would continue to oversee them from the Education Department with HHS support.
- Advocates from groups including the Council for Exceptional Children and COPAA said the briefing left them with more questions and no clear plan or timeline.
- Education Department press secretary Savannah Newhouse told NPR by email that advocates "have nothing to fear" and that the partnership places responsibilities in a better positioned agency.
- The move is part of a Trump administration campaign to dismantle the Education Department by moving special education and civil rights functions to other agencies.
📰 Source Timeline (1)
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