New Executive Action to Move IDEA from ED to HHS is a Concern for Special Education
On June 16, 2026, the U.S. Department of Education (ED) announced interagency agreements with the Department of Health and Human Services (HHS) that shift day-to-day management and administration of special education programs, including those carried out by the Office of Special Education Programs (OSEP), to HHS. While statutory responsibility for the Individuals with Disabilities Education Act (IDEA) technically remains with ED, the agreement effectively transfers key implementation functions to a health-focused agency, raising significant concerns about placing special education programs outside the federal entity with primary expertise in education policy, systems, and student outcomes. This agreement is part of a broader set of interagency actions, including previous agreements that transferred responsibility for administering the majority of K-12 general education programs to the Department of Labor, and a separate agreement announced on June 16 that shifts key civil rights enforcement functions from ED’s Office of Civil Rights (OCR) to the Department of Justice.
Here are eight reasons AOTA believes the IDEA should remain within the Department of Education.
1. IDEA is an education law, not a health program
IDEA was created to make sure students with disabilities get a free, appropriate public education (FAPE), not medical care. IDEA’s purpose to support educational outcomes would be confused if it was moved to HHS, changing it from an education program to a health one. Maintaining OSEP within ED ensures that special education policy and implementation remain grounded in education systems, instructional practice, and student outcomes.
2. IDEA works best alongside general education
Congress has worked since IDEA’s creation to more closely align special and general education laws to foster closer integration between special education and general education in the day-to-day classroom. Preserving IDEA in the Department of Education (ED) maintains this alignment, enhancing coordination, drawing on the Department’s expertise across both systems, to benefit all children.
3. ED staff are experts in student education
The Department of Education staff have decades of specialized expertise, understanding schools, classrooms, and education law. Transferring IDEA to HHS, an agency with no recent experience or expertise in administering education programs would not only create a steep learning curve but could dilute IDEA’s educational focus and compromise its effectiveness in ensuring a free and appropriate education for students with disabilities.
4. It sends the wrong message to schools about the necessity of related services
The Congressional purpose of IDEA is spelled out in the legislation: to assess, and ensure the effectiveness of, efforts to educate children with disabilities. Even though the vast majority of related services are provided by professionals frequently defined as health practitioners, all related services are designed to meet the educational needs of students with disabilities.
5. It puts at risk the progress made by IDEA in the last 50 years
Prior to the nation’s first special education law, only one in five students with disabilities attended public schools, and many states had laws excluding children with certain disabilities from school. Today, the civil rights of students with disabilities are safeguarded in part because ED houses both the Office of Special Education Programs and the Office of Civil Rights (OCR). This ensures coordinated oversight and enforcement of the law. Moving IDEA out of ED, and OCR to DOJ, would shift oversight away from established education expertise and weaken the protections Congress intended.
6. It creates new challenges for state and local education agencies
State and local education agencies, not departments of health, manage IDEA funding and services. Transferring IDEA to HHS would force states to rebuild systems and processes, at best delaying support for students, and at worst seeing more students fail to get the support they need to thrive.
7. It sends the wrong message about inclusion
Students with disabilities are general education students first. Moving IDEA to HHS would create the impression that special education is separate and distinct from general education, which is in direct contrast to the Congressional mandate that students should be educated in the least restrictive environment.
8. It would weaken accountability
A key responsibility of the Department of Education is to hold states accountable for meeting all federal education mandates. Moving IDEA to HHS would remove the clear line of accountability, making it harder to track if schools, local education agencies, or states are serving students with disabilities, consistent with IDEA. The simultaneous shift of civil rights enforcement responsibilities from ED to DOJ further complicates oversight and weakens ED’s ability to ensure compliance with federal education laws.
Contact Congress
Congress has a responsibility to ensure that federal education laws are implemented as intended and that students with disabilities continue to receive a high-quality education with access to school-based supports and related services. We urge you to contact your Members of Congress and ask them to take action to preserve the role of the Department of Education in administering IDEA. Maintaining special education within an agency with deep expertise in education policy and practice is essential to maintaining strong, effective supports for students with disabilities.
This article was adapted from a previous article published October 2025 when discussions about interagency agreements between ED and HHS first began.