Moving Special Education Out of the Education Department Could Erode Protections, Advocates Warn

Advocates for children with disabilities and lawmakers from both parties have raised alarms about proposals to dismantle or reassign parts of the U.S. Department of Education, warning that shifting or moving the federal special education office could weaken enforcement of the Individuals with Disabilities Education Act (IDEA) and jeopardize roughly $15 billion in annual programs for students with disabilities.

What's at stake

The Department of Education administers programs that support students with disabilities, ensures states meet federal requirements, and investigates discrimination complaints on behalf of students. While Education Secretary Linda McMahon has begun plans to move the department’s elementary, technical and international offices to other agencies, she has not yet moved the special education programs — which are governed by IDEA, a federal law enacted roughly 50 years ago. Officials have not ruled out transferring those programs in the future, however, prompting concern from advocates who fear weakened oversight and coordination.

Lawmakers and advocates respond

Some Republican lawmakers who generally support returning education control to states have nevertheless expressed concern about preserving protections for students with disabilities. Sen. Shelley Moore Capito (R-W.Va.), who oversees Education Department funding for Senate Republicans, said she was reassured by McMahon during the government shutdown that funding would continue to flow and that oversight would remain intact.

Rep. Kevin Kiley (R-Calif.), chair of the House Early Childhood, Elementary and Secondary Education Subcommittee, said he would not automatically oppose shifting offices to other agencies but wants clear plans showing that core services — including special education and charter grants — would continue to function as intended.

“While everything isn't perfect, and many families still struggle to obtain what their children need, we've made huge progress in the last 50 years, and we can't allow the clock to be turned back,”

— Stephanie Smith Lee, former director of the Office of Special Education Programs under President George W. Bush.

State compliance, technical assistance and enforcement

Advocates warn that simply sending funds to states without the same level of federal technical assistance and enforcement could widen disparities in access to services such as speech therapy and other supports. Department accountability data show that as of June, more than 30 states and territories were identified as needing assistance to meet IDEA requirements for children ages 3–21, and about 20 jurisdictions needed help meeting early intervention mandates for infants and toddlers. A smaller group of states were flagged as needing intervention, a designation that can lead to improvement plans, compliance agreements, withheld funding, or referral to the Justice Department in extreme cases.

Katy Neas, who served as deputy assistant secretary in the Office of Special Education and Rehabilitative Services during the Biden administration and is now CEO of The Arc, said the department’s technical assistance and required progress reporting have led to measurable improvements in many states.

Staffing and the shutdown impact

The department’s Office of Special Education and Rehabilitative Services had 135 employees, and 121 received reduction-in-force notices during the shutdown, according to court filings. Those termination notices are currently paused after a federal judge blocked the layoffs, and a short-term spending agreement also barred the department from executing layoffs until the temporary funding patch expires. Still, advocates worry that moving the office to an agency without the same expertise or leaving it understaffed would weaken the support states receive.

Coordination and long-term concerns

Advocates emphasize that IDEA protections depend not only on funding but on coordination between special education offices, the Department’s Office for Civil Rights (which investigates discrimination), and K–12 programs. Separating those functions, or relocating K–12 responsibilities to another agency, could reduce collaboration developed over decades.

“Individualized education plans aren't going away, so the impact on students and local schools is not going to be felt today or tomorrow, but this is going to be a definite eroding of our entire system of special education,” said Smith Lee, now policy and advocacy co-director at the National Down Syndrome Congress.

As debate continues over the Department of Education’s structure and role, stakeholders say clarity is needed on how IDEA funding, enforcement, technical assistance, and civil rights protections would be preserved — especially for the students who rely on them most.