A new proposal to shift the oversight of the Individuals with Disabilities Education Act (IDEA) from the U.S. Department of Education to the Department of Health and Human Services (HHS) could fundamentally change how we support and educate students with disabilities—and not for the better.

First, it’s important to remember that Congress established the Office of Special Education Programs within the Department of Education. Congress must change the law to move the responsibilities to another agency. It’s also important to remember that the rights that children have under IDEA and Section 504 of the Rehabilitation Act of 1973 have not changed. The executive action that was issued on March 20, 2025, does not change these laws and their regulations.

We don’t really know what would happen if the management of IDEA moves to HHS, but we have some concerns. For example, this move might be viewed as promoting a medical model of disability—one that treats disability as a diagnosis to be managed rather than recognizing students as learners with potential. Framing students with disabilities through a medical lens risks stigmatizing, segregating, and isolating them from their peers. It undermines decades of progress toward ensuring that students with disabilities are seen—and supported—as general education students first.

The U.S. Department of Education is the only federal agency with the expertise and infrastructure to uphold IDEA’s promise. Moving IDEA to HHS would weaken the critical systems that ensure students with disabilities can learn, grow, and thrive, including:

• Lack of Education Expertise: HHS is not equipped to work directly with state education agencies that oversee IDEA implementation in local school districts. The Department of Education has decades of experience supporting these complex relationships and ensuring compliance.
• Loss of Parent Support: Families navigating special education rely on Parent Training and Information (PTI) centers funded by the Department of Education. These centers provide essential, hands-on assistance to parents. HHS lacks the experience and infrastructure to maintain and strengthen this vital network.
• Undermining Inclusion: The Department of Education oversees the Elementary and Secondary Education Act and other key education laws that reinforce the principle that students with disabilities are general education students. A shift to HHS would fracture this connection and threaten the expectation that every student—regardless of disability—can achieve academically and pursue career training or post-secondary education.

Students with disabilities don’t belong in a medical model. They belong in classrooms, learning alongside their peers, and preparing for bright futures. Moving IDEA to HHS risks turning back the clock on inclusion and sends a harmful message that children with disabilities are “patients” to be managed rather than students with potential to be fulfilled.

At The Arc, we will continue to fight to ensure that IDEA remains where it belongs—within the U.S. Department of Education—because every student deserves access to a meaningful education and the opportunity to achieve their goals.