How the Trump administration is changing federal oversight of special education

On June 16, 2026, the U.S. Department of Education announced that it’s splitting oversight of special education between the U.S. Department of Health and Human Services (HHS) and the Department of Justice (DOJ). 

Special education exists so that students with disabilities can participate, learn, and make progress in school alongside their peers. It’s rooted in education law, including the Individuals with Disabilities Education Act (IDEA). The Trump administration moving special education doesn’t get rid of IDEA, Section 504, and other federal laws that protect the rights of people with disabilities. It also doesn’t change the amount of money that goes to state and local governments to pay for education services. 

Right now, it’s unclear exactly how this move will affect schools and students. Here’s an overview of what we know. 

We break down what the transfer of special education to the Department of Health and Human Services and the Department of Justice means for families of kids with disabilities.

The U.S. Department of Education is part of the executive branch of the federal government. Before the Trump administration started changing the department’s responsibilities, it oversaw the federal student loan program and some funding for pre-K–12 schools.  

Public schools only get 6–13 percent of their funding from the federal government,opens in a new tab and the amount is set by Congress. The rest comes from states and local districts. The Education Department doesn’t run any individual schools or districts. And while the federal government doesn’t control the curriculumopens in a new tab that states, districts, and schools use, it sets standards that must met or exceeded. Disability advocates are concerned that if standards are left only to the states, it will result inconsistencies across the U.S.

The Trump administration can’t shut down the Department of Education without Congress. But it has been shifting responsibilities to other agencies and cutting most of its staff — leaving the department there in name, but not in function. And it has relocated more than a hundred K–12 and higher education programs.opens in a new tab 

Special education’s recent move to Health and Human Services (HHS) and the Department of Justice (DOJ) is part of the Trump administration’s effort to close the Department of Education. U.S. Secretary of Education Linda McMahon has framed these moves as “partnerships,” and says the goal is to reduce bureaucracy.

In a June 2026 letter to parents,opens in a new tab McMahon provided some assurances regarding the changes. She emphasized that IDEA and civil rights laws existed before the Education Department was created, and they “will continue to exist long after.” She also says that “IDEA, as an education law, ensures that a child’s disability isn’t viewed as a medical condition that needs to be treated.”

But education advocates warn that moving these programs away from an agency built for education will make it harder for parents to find school-specific resources and support.

“These changes may sound administrative, but they have real implications for the millions of students and families who rely on special education services and disability protections every day,” says Nathan Friedman, co-president of Understood.org. “Dividing responsibility for special education and disability rights across multiple federal agencies can make families face more confusion, more bureaucracy, and more challenges navigating systems that can already be difficult to access.”

The federal government says that moving special education to HHS could improve coordination with health, mental health, and other services. But education advocates say it could also shift thinking to a medical model of disability, which views disabilities as an impairment to diagnose, treat, and “fix.” That’s different from how schools approach disability today. Schools use a social or education model, focusing on using students’ strengths and removing barriers to help them access learning.

It’s not clear exactly how these changes will play out for individual schools and families. But you likely won’t see immediate changes to your child’s education. Children with Individualized Education Programs (IEPs) and 504 plans still have the right to a free appropriate public education. 

• An IEP is a written plan that describes the special education services and supports a qualified student will receive.

• A 504 plan provides supports so a student with a disability can learn alongside their peers in general education. 

The laws that grant kids their IEPs and 504 plans are still in place. Those federal laws can’t change without action from Congress. Plus, states have their own laws and regulations that protect students with disabilities. 

Yes. For now, nothing has happened that would affect existing IEPs or 504 plans. These plans are created and run at the state, district, and school level. 

Yes. The process for getting either type of plan from your child’s school hasn’t changed. Nor has funding for special education programs.

Even with an executive order, the president can’t end IEPs without Congress. IEPs are part of the law. The president also can’t change special education funding. 

Written 504 plans are not required by the law. However, schools typically use them and there’s no reason for them to stop using 504 plans now.

Department of Health and Human Services:opens in a new tab HHS will soon be in charge of tasks like distributing money to states for special education, making sure that schools are complying with IDEA and other laws, and tracking special education enrollment data.

HHS is the biggest U.S. federal agency. It handles programs like Medicare and Medicaid. It includes the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA). HHS also oversees the Head Start Program for young kids, and the Administration on Disabilities, which supports people with disabilities so they can live and participate fully in their communities.

Department of Justice:opens in a new tab DOJ will be in charge of handling civil rights enforcement,opens in a new tab student privacy protection, and training and advisory services. Before this change, the Education Department’s Office for Civil Rights handled complaints from students, parents, and advocacy groups who felt their rights had been violated at schools that get federal money. That included complaints of discrimination based on disability status, as well as race, sex, and religion.

Disability rights advocates point out that the role and capacity of the DOJ differ drastically from those of the Department of Education’s Office for Civil Rights. Here’s why they’re concerned:

• Many disability rights advocates believe the Education Department’s OCR was a necessary watchdog to ensure that schools followed the laws, no matter where a student lived or whether a family could afford an attorney.

• Because of recent staffing cuts, the Department of Education’s OCR already had a backlog of unresolved complaints. There are concerns that the Justice Department, which has its own priorities, won’t have the staff or expertise to resolve both old and new claims.

In November 2025, Secretary of Education McMahon told Congress that after programs are transferred out of the Education Department, she’ll work to make those changes permanentopens in a new tab under the law. In the meantime, it’s possible that a group will file a lawsuit to block these changes, even temporarily. 

We’ll keep updating this story as we learn more about how these moves will affect special education. For now, nothing changes the fact that all children have the right to a free appropriate public education.