--- title: What is HHS, and what does it have to do with special education? description: Health and Human Services, or HHS, is taking on key special education duties from the Department of Education. Here’s what’s changing, what’s not, and what it means for your child’s rights under IDEA. slug: hhs-special-education author: Katie Arnold-Ratliff reviewer: Christopher D. Thomas, JD, PhD published: '2026-09-16T00:00:00.000Z' thumbnail: https://cdn-images.understood.org/p0qf7j048i0q/6uxA9rb77hr4nE6zBSmodT/e3545e267a83c3bc2d4a508eaf149500/GettyImages-1221435892__1_.jpg source_url: https://www.understood.org/en/articles/hhs-special-education lang: en --- # What is HHS, and what does it have to do with special education? ## Quick take - The Department of Health and Human Services (HHS) is taking on a new role in special education — a shift from the Department of Education, which has overseen these programs since 1980. - HHS already runs related programs like Medicaid and Head Start. Under the new agreement, it’s also taking on some IDEA grants and guidance duties, though IDEA itself hasn’t changed. - IEPs and student rights aren’t changing. But questions remain about oversight, complaints, and what comes next. If your child receives special education services, you’ve probably been hearing about HHS. That’s the U.S. Department of Health and Human Services. HHS is taking on a new role in providing these services. You may be wondering: What does a health agency have to do with my child’s education? We get why this might feel confusing, or even a little unsettling. You’re already working hard to make sure your child gets the support they need. And now there’s a new agency in the mix. Here’s the short version: The U.S. Department of Education has overseen many aspects of special education since it began operating in 1980. It made sure schools follow the Individuals with Disabilities Education Act (IDEA), the law that guarantees special education services to eligible kids with disabilities. Now, that’s changing. HHS will handle most special education programs going forward.  Knowing what HHS does can help you make sense of these changes. Here’s what you should know.  ## What is HHS? The [Department of Health and Human Services](https://www.hhs.gov/) (HHS) is one of the largest government agencies. It works to protect people’s health and provides health-related services to children, families, and adults.  HHS oversees many programs you may have heard of, like Medicaid, Medicare, and the Children’s Health Insurance Program (CHIP). It also oversees agencies like the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration (FDA), and the National Institutes of Health (NIH). HHS also provides services for people with disabilities, like health care coverage, early childhood intervention, and other forms of support.  HHS is different from the Department of Education, which oversees federal education programs. This difference is important to understand because of recent changes to federal special education programs. ## What has HHS’ role been in the lives of kids with disabilities? Before there was a U.S. Department of Education, federal education programs were housed within the Department of Health, Education, and Welfare (HEW). HEW was created in 1953, overseeing government programs related to health, education, and social welfare.  In 1979, Congress created the Department of Education as a separate agency. Its operations began on May 4, 1980. At the same time, HEW lost its education responsibilities and was [renamed the Department of Health and Human Services, or HHS. ](https://www.hhs.gov/about/historical-highlights/index.html) “HHS does currently administer a number of programs that relate to kids with disabilities,” says [Mark Weber, JD,](https://www.depaul.edu/faculty/mark-weber) a professor at DePaul University who specializes in disability law and the legal aspects of special education.  Some of these programs include: - **Medicaid:** Provides health coverage to many kids with disabilities and can pay for services like physical, occupational, and speech therapy. - **Early intervention:** HHS helps connect families with early intervention services for young children with developmental delays or disabilities.  - **Head Start and Early Head Start:** Screen for developmental concerns, refer kids for evaluation if needed, and provide services to kids with disabilities. - **Children’s health insurance (CHIP):** Provides health coverage to kids whose families earn too much to qualify for Medicaid.  - **Autism and developmental disability research:** HHS funds and oversees many research projects on these topics. ## What changed for HHS in June 2026? The move to shift special education to HHS is part of the Trump administration’s larger effort to [shrink the Department of Education](https://www.understood.org/en/articles/department-of-education-closes-ieps). In March 2025, President Trump began moving forward with this plan.  Later that year, the Department of Education began signing agreements with other agencies to move some education programs out of the department. Special education was not one of them. But the Department of Education was shrinking. As Anya Kamenetz reports on the upcoming podcast *Zero Reject*, “In March 2026, the remaining education staffers were forced to vacate their own headquarters in the Lyndon B. Johnson building and move to a smaller office elsewhere in Washington, DC.” Whatever the answer may be, IDEA is still the law.  - [IDEA](https://www.understood.org/en/articles/individuals-with-disabilities-education-act-idea-what-you-need-to-know) still requires that kids with disabilities receive a [free appropriate public education](https://www.understood.org/en/articles/what-is-and-isnt-covered-under-fape) (FAPE).  - States and school districts are still responsible for providing those services.  ### What’s actually changing as of now The changes to HHS and the Department of Education impact who handles some of the government’s work behind the scenes. Many of the specifics are still uncertain.  We do know that HHS will administer the IDEA grants that pay for early intervention (Part C) and special education (Part B). It will also take on enforcement, compliance, and monitoring duties — the work of checking whether states are meeting IDEA’s requirements.  The Department of Education will handle the 2026 IDEA grants, but [HHS will take over the following year.](https://www.ed.gov/media/document/fact-sheet-department-of-education-and-department-of-health-and-human-services-special-education-and-rehabilitative-services-partnership-114238.pdf) Roughly $15 billion in federal special education funding moves through these agencies every year. HHS may also begin offering guidance to states and schools about special education policies. “Some things have already changed,” says Weber. “The administration has laid off large numbers of people in the Department of Education, and the result is that there is less personnel to do oversight or enforcement. One concern is that if responsibilities like providing money, conducting enforcement, and the like are shifted to other agencies, the people carrying them out may be less experienced than the people at the Department of Education.” Over 100 staff members have already begun moving from the Department of Education to HHS. Kelly Rogers, acting assistant secretary for the Office of Special Education and Rehabilitative Services (OSERS), resigned from her role. Kirsten Baesler, the Education Department’s assistant secretary for elementary and secondary education, took over on September 14.  ### Reaction to the changes The Trump administration says the changes will speed up the systems behind special education. [U.S. Secretary of Education Linda McMahon](https://www.ed.gov/about/news/speech/secretary-mcmahons-letter-parents-of-individuals-disabilities) said the partnership with HHS is intended to “break down the bureaucratic barriers” and better coordinate resources for people with disabilities.  But disability advocates — like the [American Association of People with Disabilities](https://www.aapd.com/) and the [Association of University Centers on Disabilities](https://www.aucd.org/news/transfer-of-key-special-education-offices-out-of-department-of-education-harms-students-with-disabilities) — have [raised concerns about moving special education](https://www.aapd.com/ed-transfer-key-departments-to-hhs/) to an agency not specifically focused on education. They worry that kids with disabilities could be viewed more through a medical lens, and that families could have a hard time knowing where to find help if they need it.  There’s also an important legal question: IDEA is a federal law, and only Congress can change federal laws. “There’s a debate over whether the administration can do all that it is trying to do here without action by Congress,” says Weber. For families, the takeaway is simple: Your child’s IEP and rights as a student aren’t changing. But you may still have questions about who will oversee IDEA, where to bring complaints, and how these changes could affect special education in the future. *Thumbnail image credit: SDI Productions via Getty Images* --- ## Frequently asked questions ### Is this the first time HHS has been involved in special education? It might seem surprising that a health-focused department would play a bigger role in special education. But the Department of Health and Human Services (HHS) has actually been involved in this work for decades. Before there was a Department of Education, a single agency called the Department of Health, Education, and Welfare (HEW) oversaw both health and education programs. When the Department of Education split off as its own department, HEW was renamed HHS. Even after that split, HHS continued to run some services for children with disabilities. ### What do we not yet know about the transition to HHS? Many details of the transition are still being worked out. The June announcement didn’t change IDEA or a child’s right to special education. Instead, it began a process for moving or sharing some of the special education implementation with HHS. The government hasn’t explained every detail of how that will work. It’s still unclear which HHS office will take on these responsibilities, what the exact timeline looks like, and how oversight and enforcement will hold up as the Department of Education’s workforce shrinks. ### Does this affect civil rights complaints, like discrimination under Section 504? That’s a related but separate change. The same round of agreements shifted some of the Department of Education’s civil rights enforcement — including discrimination complaints under Section 504 and the ADA — to the Department of Justice (DOJ). This article focuses on the HHS changes affecting IDEA and special education programs. The shift of civil rights complaints to DOJ involves a different office and process. ### Where can families go if they have questions or concerns right now? Families don’t have to wait for the transition to finish to get help. Your child’s school and district are still the first stop for questions about an IEP or specific services — nothing about that has changed. For broader questions about IDEA or this transition, many states have a federally funded [Parent Training and Information Center](https://www.understood.org/en/articles/parent-training-centers-a-free-resource) that offers free guidance to families of kids with disabilities. [Protection and Advocacy organizations](https://acl.gov/programs/pa-programs) can help if you’re not sure where to bring a complaint. The Department of Education’s [IDEA website](https://sites.ed.gov/idea/) is also expected to post updates as more decisions are made. --- ## Explore related topics and articles - [How the Trump administration is changing federal oversight of special education](https://www.understood.org/en/articles/department-of-education-closes-ieps) - As the Department of Education shifts special education to HHS and civil rights to the DOJ, here’s what families of kids with disabilities need to know. - [What is the Individuals with Disabilities Education Act \(IDEA\)?](https://www.understood.org/en/articles/individuals-with-disabilities-education-act-idea-what-you-need-to-know) - The Individuals with Disabilities Education Act \(IDEA\) gives kids and parents rights in the special education process. But it does so much more. - [Special education: Federal law vs. state law](https://www.understood.org/en/articles/special-education-federal-law-vs-state-law) - Federal and state laws both play roles in meeting the needs of students with disabilities. --- ```json [{"@context":"https://schema.org","@type":"WebPage","@id":"https://www.understood.org/en/articles/hhs-special-education#webpage","url":"https://www.understood.org/en/articles/hhs-special-education","description":"Health and Human Services, or HHS, is taking on key special education duties from the Department of Education. 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