Over the past several months, many families have followed news about changes to the U.S. Department of Education, including the transfer of some special education responsibilities to the U.S. Department of Health and Human Services (HHS).
Now, Congress has taken a new step in that ongoing conversation.
In late July, the Senate Health, Education, Labor and Pensions (HELP) Committee considered two bills that would limit or prevent certain Education Department functions from being transferred to other federal agencies. One bipartisan bill would prohibit moving several major education offices, including the Office of Special Education and Rehabilitative Services (OSERS). A second bill focuses specifically on keeping federal special education programming within the Department of Education.
What Does This Mean?
At this point, nothing changes for families or students.
The proposed legislation is still moving through the congressional process, and it is unclear whether either bill will become law. The existing interagency agreements announced earlier this summer remain in effect while Congress considers its next steps.
Why Is This Important?
The discussion centers on where federal oversight of special education should be located.
Supporters of the legislation believe that keeping special education oversight within the Department of Education will provide greater continuity and maintain the agency’s longstanding expertise in implementing the Individuals with Disabilities Education Act (IDEA).
Supporters of the administration’s interagency agreements have said the changes are intended to improve efficiency and streamline services by allowing agencies to focus on areas that align with their expertise.
What Hasn’t Changed?
Regardless of where federal responsibilities are administered:
- IDEA remains federal law.
- Students with disabilities continue to have the rights and protections provided under IDEA.
- Schools remain responsible for implementing IEPs and providing a free appropriate public education (FAPE).
- Families continue to have the same procedural safeguards and dispute resolution options available under the law.
While discussions continue at the federal level, day-to-day special education services in Arizona schools should continue as they have at the start of the school year.
What Can Families Do?
Although no immediate action is needed, families can:
- Stay informed through reliable sources.
- Keep copies of their child’s current IEP and evaluation reports.
- Continue working collaboratively with their school team.
- Reach out for support if they have questions about their child’s educational rights.
We’re Here to Help
Federal education policy can be complex, and changes often take time. Encircle Families will continue to monitor significant developments and share information that helps Arizona families understand what changes may or may not mean for their children.
If you have questions about special education or your child’s rights under IDEA, Encircle Families provides information, training, and individualized support at no cost to families. Contact us at 602-242-4366 or info@encirclefamilies.org
Additional Resources
K-12 Dive: Two Senate bills would undo some Education Department transfers
K-12 Dive: Special Education coverage
K-12 Dive: House panel OKs permanent moves for some Education Department functions
