A private briefing call on Thursday between U.S. Department of Education officials and disability rights advocates did little to alleviate mounting concerns about the administration's plan to relocate special education oversight to the Department of Health and Human Services (HHS).
The call, which came three weeks after the initial announcement of the reorganization, appeared to intensify rather than resolve anxieties within the disability advocacy community about how the changes could affect millions of students with disabilities nationwide.
"Today's briefing left more questions than answers for parents and educators," Chad Rummel, who leads the Council for Exceptional Children, told NPR. "Today we heard that there is no clear and transparent plan around the move to HHS."
During the call, acting assistant secretary overseeing special education Kelly Rogers attempted to provide reassurance about the preservation of federal protections. According to a recording obtained by NPR, Rogers stated, "The U.S. Health and Human Services is not taking over IDEA. Period." She was referencing the Individuals with Disabilities Education Act, the federal law guaranteeing students with disabilities access to quality public education alongside their nondisabled peers.
However, Rogers simultaneously acknowledged that staff from the Office for Special Education and Rehabilitative Services (OSERS) — the personnel directly responsible for supporting states and schools in implementing IDEA — would be transferred to HHS. She indicated she would continue overseeing that staff from the Education Department "with additional support by HHS."
This apparent contradiction has fueled skepticism among advocacy organizations. "This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators, and state agencies," Denise Marshall, CEO of the Council of Parent Attorneys and Advocates (COPAA), told NPR.
The reorganization represents part of the Trump administration's broader effort to dismantle the Education Department through its "Returning Education to the States" campaign. The department has already announced plans to relocate more than a dozen offices to other agencies. Beyond special education, the department also intends to transfer its civil rights functions to other agencies.
For decades, the Education Department has maintained oversight of IDEA and related services for individuals with disabilities, including programs helping adults transition to post-school life. While the federal government does not directly manage how schools serve students, it has been responsible for accountability, providing federal funding, and offering technical assistance to local education leaders.
Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities, articulated the core concern shared by many advocates. "The concern is not that IDEA disappears overnight. The concern is that the administration is preserving IDEA at the Department of Education on paper, while moving much of the work that makes IDEA real for families somewhere else," Rodriguez told NPR. "For students, that could mean more confusion, slower guidance, weaker monitoring and less accountability when services are delayed or denied."
Education Department press secretary Savannah Newhouse defended the reorganization in an email to NPR following the call. "Advocates, parents, and teachers in the special education community have nothing to fear," Newhouse wrote. "What our partnership with HHS does is place these important federal responsibilities in a better positioned agency and draw on HHS' expertise of working with people with disabilities of all ages."
Newhouse also dismissed concerns about operational disruptions, stating, "A different building, a different floor, or a different desk doesn't change their job responsibilities and commitment to serve students with disabilities every single day."
Department officials indicated that federal funds dedicated to special education will continue flowing to states and schools through the agency for the time being, though the future structure of those systems remains unclear once OSERS staff relocate to HHS. Rogers did not provide a specific timeline for when these changes would take effect during Thursday's call, and the Education Department did not respond to NPR's follow-up questions about timing.
Marshall of COPAA emphasized a critical legal point: "The administration acknowledged today what the law has always required: The Department of Education and the secretary of education remain legally responsible for administering and enforcing IDEA. This reorganization neither advances the stated goal of closing the department nor transfers new authority to the states."
She called on Congress to intervene and halt the reorganization, noting that only an act of Congress can completely dissolve a federal agency. Marshall suggested that administration officials are aware of this legal limitation, which may explain why the Education Department is retaining some staff, including Rogers, at the agency.
Marshall characterized the administration's approach as "a sham," reflecting the deep frustration within the disability advocacy community over what many view as an attempt to circumvent congressional authority while undermining established systems that protect vulnerable students.
