Date: 6/16/2026
PACER Center Statement
on the transfer of the Office of Special Education and Rehabilitative Services to the U.S. Department of Health and Human Services
PACER Center’s Interim Executive Director Gretchen Godfrey issued the following statement in response to the U.S. Department of Education (ED) transferring special education and vocational rehabilitation programs and oversight of these programs from the ED to the U.S. Department of Health and Human Services.
Today, the U.S. Department of Education has done the unthinkable. Less than a year after the 50th anniversary of the passage of the Individuals with Disabilities Education Act (IDEA), the department undermined the federal and court-ordered promise to protect the educational rights of students and adults with disabilities. The department’s transfer of the Office of Special Education and Rehabilitative Services (OSERS), including oversight of IDEA and the Vocational Rehabilitation Act, to the U.S. Department of Health and Human Services means services for students and adults with disabilities will be housed at an agency whose mission does not prioritize education. Now, children and adults with disabilities will be, at best, the third, fourth, or even fifth priority for an agency that has no experience or expertise in ensuring that schools live up to the promise of a free appropriate public education for students with disabilities. Separating federal special education and vocational rehabilitation programs from the other federal K-12 and higher education programs disconnects students with disabilities from the opportunities afforded to their non-disabled peers. At a time when the academic achievement and employment of students and adults with disabilities significantly lags behind that of others, this is simply wrong.
As a professional who works every day to help families of children and adults with disabilities, I urge the departments to halt any work to implement this decision and immediately reassure families and individuals with disabilities that the promise our nation has made for over 50 years will be kept.
Why is this important?
The Individuals with Disabilities Education Act (IDEA) is a civil rights law focused on ensuring that students with disabilities receive an appropriate education alongside their peers. Transferring responsibilities of OSERS to the U.S. Department of Health and Human Services would fragment oversight and support for students with disabilities. The U.S. Department of Health and Human Services does not have expertise in the education of students with disabilities, which will result in further uncertainty and confusion for states, school districts, and families.
How can you help?
PACER is working with partners on a national response to highlight the negative impact this change will have on children and adults with disabilities. Watch for more information in the coming week.
In the meantime, you can contact your member of Congress and tell them that you want special education programs to stay at the U.S. Department of Education:
PACER is here for you
While PACER is closely following these issues, please remember that special education laws and policies remain intact. If you are a Minnesota parent of a child with a disability needing support, please contact us.
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