The U.S. Department of Education held a call with disability rights advocates to address concerns about a planned reorganization that would shift the agency’s special education offices to the Department of Health and Human Services. Kelly Rogers, the acting assistant secretary overseeing special education, sought to reassure participants that the move would not compromise federal protections for students with disabilities under the Individuals with Disabilities Education Act, or IDEA.
Despite Rogers’ assurances, many advocates felt the briefing left critical questions unanswered. Disability rights organizations expressed concern that the move would add bureaucratic layers rather than streamline federal operations. According to participants, officials provided no clear timeline or detailed plan for how the transition would occur. Advocates worry that transferring the Office for Special Education and Rehabilitative Services staff to HHS while keeping some oversight at the Education Department could create confusion for families, educators, and state agencies responsible for implementing special education services.
The announcement of this shift came as part of the administration’s broader “Returning Education to the States” campaign, which involves moving multiple Education Department functions to other agencies. For decades, the Education Department has overseen IDEA implementation, federal funding for special education services, and technical assistance to schools and states. While the federal government has not directly managed school operations, it has maintained accountability mechanisms to ensure schools meet obligations to students with disabilities.
Disability advocates highlighted a key concern: while IDEA protections may remain on paper at the Education Department, relocating the staff who implement those protections could weaken enforcement and response times. The Education Department stated that federal special education funding would continue flowing through the agency for now, though the long-term impact of the reorganization on these funding and support systems remains unclear. Congress would be required to formally dissolve the Education Department, which administration officials appear aware of, leading some advocates to characterize the current approach as insufficient.
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