Department of Education announced a proposal to move the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services.
The U.S. Department of Education announced a proposal to move the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services.Disability‑rights groups, including The Arc, have issued formal statements warning that the shift could fragment protections for students with disabilities.
The U.S. Department of Education released a notice on June 20, 2026 indicating that OSERS would be reassigned to the Department of Health and Human Services (HHS). The same notice placed the Office for Civil Rights (OCR) under the Department of Justice (DOJ). The proposal is part of a broader inter‑agency realignment that the Education Department has been pursuing since early 2026.
The plan was disclosed in a briefing to Congress and posted on the Education Department’s website on June 20, 2026. The briefing referenced a series of inter‑agency agreements (IAAs) that have already transferred management of student loans to the Treasury Department and other functions to partner agencies. The OSERS transfer would be the next step in that sequence.
Secretary Robert F. Kennedy Jr., who was confirmed as HHS secretary in May 2026, is identified in the proposal as the senior official responsible for overseeing OSERS after the move. Kennedy Jr. has previously made public statements questioning the medical model of autism, which has drawn scrutiny from disability advocates.
The Arc of the United States, a national disability‑rights organization, issued a press release on June 21, 2026 condemning the proposed shift. The organization argued that the move violates the statutory placement of the Office of Special Education Programs (OSEP) within the Education Department, as required by the Individuals with Disabilities Education Act (IDEA) and related federal law.
The Arc’s statement was signed by its President, Dr. Megan Miller, and co‑signed by leaders of more than 30 partner organizations, including the National Association of State Directors of Special Education (NASDSE) and the National Center for Learning Disabilities (NCLD). These groups collectively sent a letter to the Senate Committee on Health, Education, Labor, and Pensions (HELP) urging legislators to block the transfer.
The Department of Education’s Office of the Secretary clarified that the realignment is intended to “enhance coordination of health‑related services for students with disabilities” and to “streamline federal oversight.” The statement noted that the move would be implemented through an inter‑agency agreement that preserves existing funding streams for OSERS programs.
Megan Miller, and co‑signed by leaders of more than 30 partner organizations, including the National Association of State Directors of Special Education (NASDSE) and the National Center for Learning Disabilities (NCLD).
The proposal has also attracted attention from the Department of Justice, which confirmed that OCR would be moved to its jurisdiction as part of the same restructuring. The DOJ’s Civil Rights Division released a memorandum on June 22, 2026 outlining its plans to integrate OCR staff and resources, citing “operational efficiencies” and “aligned enforcement priorities.” No formal objections have been recorded from the DOJ.
The Education Department’s inter‑agency agreement framework allows for the transfer of programmatic authority without requiring new legislation. Under the current plan, OSERS would retain its budget and program mandates but would report to the HHS Secretary’s Office of Disability Services. The agreement specifies that all existing OSEP grant programs, including the Individuals with Disabilities Education Act (IDEA) Part B grants, would continue uninterrupted during the transition period.
The HHS Office of Disability Services, created in 2025, is tasked with overseeing health‑related services for individuals with disabilities across the lifespan. Integrating OSERS into this office is presented as a means to align educational and health interventions for children with special needs. The Department of Education’s Office of the General Counsel reviewed the legal implications and concluded that the transfer complies with the Administrative Procedure Act, provided that statutory language regarding OSEP’s placement is respected.
The DOJ’s acquisition of OCR is intended to consolidate civil‑rights enforcement under a single department. The memorandum notes that OCR’s current responsibilities include Title IX, Title VI, and Section 504 compliance, all of which intersect with health‑care regulations overseen by the DOJ’s Civil Rights Division. The DOJ has indicated that the move will not affect ongoing investigations or compliance monitoring activities.
Response from Disability Advocates
U.S. Education Department Plans to Transfer Special‑Education Office to Health and Human Services
Disability‑rights organizations have filed formal comments with the Office of Management and Budget (OMB) expressing concern that the realignment could create a “patchwork of rights” for students with disabilities. The Arc’s filing, dated June 23, 2026, cites the statutory requirement that OSEP remain within the Education Department to ensure consistent educational standards and oversight.
The National Association of State Directors of Special Education (NASDSE) released a policy brief on June 24, 2026 warning that moving OSERS to HHS could dilute the education‑focused expertise that currently guides special‑education policy. The brief references prior attempts in the 1990s to relocate OSEP, which were halted after congressional hearings highlighted potential conflicts with the IDEA framework.
The Arc’s filing, dated June 23, 2026, cites the statutory requirement that OSEP remain within the Education Department to ensure consistent educational standards and oversight.
The National Center for Learning Disabilities (NCLD) organized a virtual town hall on June 25, 2026, where parents, educators, and advocates discussed potential disruptions to service delivery. Participants voiced concerns about possible delays in grant allocations, changes to data‑reporting requirements, and the risk of reduced emphasis on educational outcomes in favor of health metrics.
In response, the Education Department issued a statement on June 26, 2026 affirming that all stakeholder feedback would be considered before finalizing the inter‑agency agreement. The department indicated that a public comment period would remain open until July 15, 2026, and that any final decision would be communicated to Congress and the public.
If the transfer proceeds, OSERS programs—including early‑intervention services, transition planning, and technical assistance for state education agencies—would be administered under HHS authority. The shift could affect how federal funds are allocated to state special‑education agencies, though the Education Department has pledged that existing grant amounts will be honored during the transition.
Schools and districts that receive OSEP funding may need to adjust reporting protocols to align with HHS data‑collection standards, which emphasize health outcomes and service utilization. This could require additional administrative capacity for school districts, particularly those with limited staff resources.
The relocation of OCR to the DOJ may alter the enforcement landscape for civil‑rights violations in schools. While the DOJ asserts that enforcement will remain robust, disability advocates argue that the separation of educational and civil‑rights oversight could complicate coordinated responses to violations of IDEA and Section 504.
Overall, the proposed realignment introduces uncertainty for students with disabilities, educators, and administrators who rely on stable federal guidance and funding. Stakeholders are advised to monitor the OMB comment period and forthcoming congressional deliberations for any modifications to the plan.
Key Facts
While the DOJ asserts that enforcement will remain robust, disability advocates argue that the separation of educational and civil‑rights oversight could complicate coordinated responses to violations of IDEA and Section 504.
What: The U.S. Department of Education proposes moving OSERS to the Department of Health and Human Services and OCR to the Department of Justice.
When: Announcement made June 20, 2026; public comment period open until July 15, 2026.
A Gallup‑Lumina poll released in July 2026 shows 63 % of U.S. adults believe four‑year colleges fail to make education affordable, despite recent tuition declines.
Impact: The shift could change administration of special‑education grants, reporting requirements, and civil‑rights enforcement for students with disabilities.
Sources
Disability Advocates Sound Alarm Over Special Education Shift – NewzPE
Disability Groups Fear RFK Jr.’s New Special Education Role – The New York Times
Ed Department May Offload Special Education Soon, Advocates Warn – Disability Scoop
Moving Special Education Out of the Department of Education Risks … – The Arc
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