U.S. Department of Education acting assistant secretary Kelly Rogers announced in a private call with disability rights advocates on July 9, 2026, that staff from the Office for Special Education and Rehabilitative Services would transfer to the Department of Health and Human Services (HHS). Rogers stated that oversight of the Individuals with Disabilities Education Act (IDEA) would remain with the Department of Education.

During the call, Rogers indicated she would continue to oversee Office for Special Education and Rehabilitative Services staff from the Department of Education, with additional support from HHS. She did not provide a specific timeline for these changes to take effect. Federal funds for special education will continue to flow to states and schools through the Department of Education for the time being.

Disability rights advocates expressed concerns about the announced transition. Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, said, "This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators, and state agencies." Marshall also called on Congress to intervene, noting that only an act of Congress can completely dissolve a federal agency.

Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities, voiced reservations about the practical implications of the move. She said, "The concern is not that IDEA disappears overnight. The concern is that the administration is preserving IDEA at the Department of Education on paper, while moving much of the work that makes IDEA real for families somewhere else." Rodriguez added, "For students, that could mean more confusion, slower guidance, weaker monitoring and less accountability when services are delayed or denied."

Rogers maintained the administration's commitment to protecting the rights of individuals with disabilities. She stated, "This administration is firmly committed to carrying out the federal government's duty to enforce federal protections for individuals with disabilities." She further clarified, "This partnership does not alter that obligation." The private briefing took place three weeks after an initial announcement by the Department of Education regarding its plans to move special education and civil rights functions to other agencies.

Why It Matters

The decision to transfer staff responsible for implementing the Individuals with Disabilities Education Act (IDEA) from the Department of Education to the Department of Health and Human Services (HHS) introduces a new structure for federal oversight of special education. IDEA is a federal law guaranteeing quality public education for students with disabilities alongside their nondisabled peers. The stated intent is to leverage HHS's expertise in working with people with disabilities, but critics suggest the move could create additional administrative layers and confusion for families, educators, and state agencies.

This organizational shift is part of the Department of Education's broader "Returning Education to the States" campaign, which includes plans to move more than a dozen offices to other agencies. While federal funding for special education is set to continue flowing through the Department of Education, advocates are calling for congressional intervention to halt the move.