The U.S. Department of Education has released additional details about its plans to transfer many federal special education responsibilities to the U.S. Department of Health and Human Services (HHS). While the transition has been anticipated since June, the latest information offers a clearer picture of how staffing and operations may change in the months ahead.
Although federal officials say the move will not affect students’ legal rights or interrupt services, many disability organizations continue to express concerns about how the transition will work in practice.
What is changing?
According to the Department of Education:
- Most employees in the Office of Special Education and Rehabilitative Services (OSERS) are expected to transfer to HHS.
- Some work currently performed by federal employees may eventually be carried out through contracts with outside organizations.
- The Department says IDEA programs and services will continue during the transition and that states should not experience disruptions in funding or support.
Federal officials have emphasized that students with disabilities will continue to receive the protections provided under the Individuals with Disabilities Education Act (IDEA).
Why are advocates concerned?
While the Department has stressed that IDEA remains in effect, many national disability organizations, parent advocacy groups, and education leaders say they have significant questions about how special education will be administered after the transition.
Their concerns include:
Special education is an education issue.
Many organizations believe IDEA belongs within the Department of Education because it is an education law focused on helping students succeed in school. They worry that placing oversight within HHS, a healthcare agency, could gradually shift the emphasis away from educational outcomes and inclusion.
Responsibilities will be divided among multiple agencies.
Under the restructuring, special education oversight will move to HHS, while disability-related civil rights enforcement responsibilities have been reassigned elsewhere within the federal government. Advocates are concerned that splitting these responsibilities could make coordination more difficult and create confusion about where families should turn for assistance.
Questions remain about staffing and expertise.
Although many experienced OSERS staff members are expected to transfer to HHS, officials have also said that some functions may eventually be contracted to outside organizations. Advocacy groups say they still do not know how many experienced staff will remain, what work contractors will perform, or how technical assistance to states and school districts will be maintained.
Oversight and accountability.
Organizations representing families, educators, and people with disabilities have expressed concern that moving responsibilities across agencies could make it more difficult to monitor state compliance with IDEA and ensure consistent enforcement of students’ rights.
Many operational questions remain unanswered.
Following recent briefings with Department officials, several disability organizations reported that they still have unanswered questions about timelines, staffing, contractor roles, and how the transition will affect communication with states and families.
What hasn’t changed?
Despite these administrative changes, several important protections remain in place:
- IDEA is still federal law.
- Students with disabilities continue to have the right to a free appropriate public education (FAPE).
- Existing Individualized Education Programs (IEPs) remain in effect.
- Schools must continue providing the special education and related services outlined in students’ IEPs.
- Families continue to have the same procedural safeguards and due process rights under IDEA.
At this time, the Department has stated that the transition is an administrative change and does not alter the legal rights of students with disabilities.
What can families do?
Families who would like to learn more about the public response to the proposed transfer can also read our recent post about the national petition launched by disability organizations. The organizations behind the petition oppose moving the Office of Special Education and Rehabilitative Services (OSERS) to the U.S. Department of Health and Human Services and have outlined their concerns in more detail.
As federal agencies continue implementing the transition, families may wish to:
- Keep copies of IEPs, evaluations, and other important school records.
- Stay in regular communication with their child’s IEP team.
- Continue advocating for the services and supports their child needs.
- Follow updates from trusted organizations, including Parent Training and Information (PTI) Centers and other disability advocacy organizations, as additional information becomes available.
Encircle Families will continue monitoring these developments and sharing factual, family-focused information as more details are released.
This post summarizes information reported by Disability Scoop and statements released by the U.S. Department of Education, along with reporting from other national education news organizations. The concerns described above reflect those expressed by national disability advocacy organizations and education groups regarding the implementation of the transition.
