A bipartisan group of U.S. senators is preparing legislation aimed at protecting special education programs as lawmakers debate a proposal to move some federal responsibilities from the Department of Education to the Department of Health and Human Services (HHS). The effort reflects growing concern among disability advocates, educators, and members of Congress over the future administration of services for students with disabilities.
Senator Tim Kaine of Virginia said he expects a measure to receive bipartisan support when it comes before the Senate education committee later this month. The proposal would prevent key special education programs from being transferred to HHS and keep them under the Department of Education.
The debate follows the announcement of an interagency agreement that could shift some responsibilities related to special education. Although federal officials have not finalized the details of the restructuring, the proposal has generated significant questions among educators and advocacy organizations.
Supporters of the legislation argue that the Department of Education has decades of experience managing programs created under the Individuals with Disabilities Education Act (IDEA). They believe keeping those responsibilities within the department will provide greater stability for students, schools, and families.
Disability rights organizations have also expressed concern about the proposed changes. Many advocates say families need clear guidance about how federal programs will operate and worry that organizational changes could delay services or create unnecessary confusion for school districts.
Questions increased after Education Department officials held a private meeting this week with representatives from the special education community. According to participants, officials provided limited information about the timing and scope of any restructuring, leaving many attendees seeking additional answers about how future operations would work.
The Office of Special Education Programs plays a central role in administering federal special education funding. The office helps distribute resources provided through IDEA and supports states as they deliver educational services to students with disabilities.
Federal funding managed through the office helps schools provide a wide range of support, including specialized instruction, assistive technology, classroom accommodations, and Individualized Education Programs, commonly known as IEPs. These services are designed to help eligible students receive appropriate educational opportunities.
Education Secretary Linda McMahon has previously stated that IDEA funding will continue regardless of any organizational changes. She has also said the current structure could benefit from modernization as the administration continues reviewing the role of the Department of Education.
Despite those assurances, many education groups remain cautious. Some organizations believe moving responsibilities between federal departments could create additional administrative challenges instead of simplifying government operations.
Denise Marshall, chief executive of a national disability rights organization, said the proposal could increase bureaucracy while creating uncertainty for families, educators, and state agencies. Advocates argue that maintaining stable administrative systems is especially important for students who depend on consistent educational services.
The discussion comes as the administration continues broader efforts to reduce the size and responsibilities of the Department of Education. Those efforts have sparked debate among lawmakers over how federal education programs should be managed while ensuring services remain available for students across the country.
Employees within the Department of Education’s special education division have also experienced uncertainty during recent organizational changes. Staffing reductions and restructuring efforts have affected morale inside the office, according to individuals familiar with department operations.
Lawmakers from both political parties continue reviewing the proposal before committee discussions begin. While some Republicans have expressed support for maintaining current oversight of special education programs, negotiations over the final language of the legislation are still ongoing.
Education experts say any major administrative changes should prioritize continuity for students and schools. They note that state education agencies, local school districts, and families rely on consistent federal guidance to administer IDEA programs effectively.
The Senate’s upcoming debate is expected to play an important role in determining how special education programs are managed in the future. As discussions continue, lawmakers, educators, and disability advocates remain focused on ensuring that students with disabilities continue receiving the educational support and resources guaranteed under federal law.
