Broad Coalition Urges Congress to Keep Special Education and Civil Rights in the Department of Education
The Department of Education calls its plan to move special education oversight to Health and Human Services and school civil rights enforcement to the Department of Justice a “partnership.” Disability, civil rights, education, parent, and educator organizations see something very different: core education and civil rights responsibilities being moved away from the agency Congress charged with protecting them.
The Arc of the United States joined a broad coalition urging Congress to reject these transfers and keep special education, Section 504 enforcement, vocational rehabilitation, and school civil rights protections connected inside the Department of Education. Read The Arc’s full statement on what this move could mean for students with disabilities, families, schools, and civil rights enforcement.
Full Coalition Letter
FOR IMMEDIATE RELEASE
June 18, 2026
Broad Coalition of Disability, Civil Rights, and Education Organizations Denounces ED’s Latest Transfers of Core Functions
Washington, D.C. — The undersigned disability, civil rights, and education organizations strongly oppose the Administration’s efforts to transfer the Office of Special Education and Rehabilitative Services (OSERS) from the U.S. Department of Education (ED) to the Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) to the Department of Justice (DOJ) through Interagency Agreements (IAAs). These agreements undermine the core foundation of federal disability, education, and civil rights policy and implementation.
Students with disabilities deserve educational systems that are designed around their needs, rights, and opportunities, not administrative restructuring that risks disrupting critical services and protections. They deserve equitable access to education, robust protections under the law, and an intact Department of Education that is committed to their success and steadfast in defending their rights.
Far too many students experience unacceptable barriers to receiving services and supports – but these transfers do not reflect meaningful solutions to this problem. While ED states that stakeholder input was considered, these IAAs do not reflect the concerns widely expressed by parents, educators, disability organizations, and civil rights advocates. Congress specifically entrusted ED with administering the Individuals with Disabilities Education Act (IDEA), enforcing Section 504 protections in public schools and colleges, overseeing vocational rehabilitation programs, and safeguarding the civil rights of students with disabilities. Congress has repeatedly reauthorized and strengthened these laws within the Department since its establishment in 1979, creating an integrated framework for students with disabilities that connects educational opportunity, civil rights enforcement, transition services, workforce preparation, and employment outcomes.
Transferring OSERS to HHS moves critical education, transition, and employment programs into an agency primarily focused on health care, weakening the coordination between schools, vocational rehabilitation, and postsecondary opportunities. Furthermore, separating OSERS from the Office of Elementary and Secondary Education (OESE), which funds and oversees K-12 education programs, segregates disability-related education programs from the broader education system and weakens the coordination necessary to ensure students with disabilities are fully included in general education. Special education is not a separate enterprise. IDEA is built on the principle that students with disabilities should be educated alongside their peers and have access to the same academic standards, accountability systems, and opportunities for success. State education leaders and educators⸺including both general and special educators⸺also rely on ED’s expertise, guidance, monitoring, and technical assistance; responsibilities that Congress unilaterally funds and directs the Department to provide.
Likewise, transferring OCR to DOJ separates education-focused civil rights enforcement from the agency responsible for education policy and oversight, exposing students and their families to longer wait times when discrimination is occurring in schools and risking the loss of specialized expertise that students and families rely upon to resolve their complaints and drive necessary improvements in school policy and practice to prevent future discrimination. It will also discourage some families from seeking assistance or filing complaints due to concerns about engaging with a law enforcement agency rather than experts in education and disability law.
Congress intentionally built an education and vocational rehabilitation continuum that supports individuals with disabilities from early intervention through school, postsecondary education, and employment. Moving OSERS to HHS and OCR to DOJ dismantles this coordinated and cohesive approach and threatens decades of progress advancing educational, employment, and civil rights outcomes for students with disabilities.
The undersigned organizations urge Congress to reject these transfers and preserve the Department of Education’s longstanding and Congressionally mandated roles to lead, direct, oversee, administer, and enforce the laws and programs that support opportunity, inclusion, and success for all students with disabilities.
Organizations that Signed the Letter
The letter was signed by a broad coalition of national, state, and local disability, civil rights, education, parent, educator, and community organizations, including The Arc of the United States, ACLU, National Disability Rights Network, Council for Exceptional Children, National Education Association, National Center for Learning Disabilities, Disability Rights Education and Defense Fund, COPAA, and dozens of state and local groups across the country. Download the full coalition letter to see the complete list of organizations.
