Statement on the Transfer of Special Education,Civil Rights Responsibilities from the U.S. Department of Education
Statement from President and CEO Cheryl Holcomb-McCoy, Ph.D.
(June23, 2026– Washington, D.C.)–On behalf ofall Americaneducators, studentsandfamilies, and especiallythemore than8 million studentswith disabilities served by theIndividuals with Disabilities Education Act (IDEA), Iam stronglyopposed tothe Administration’s recent announcement to transfer the administration and enforcement of special education programs and educational civil rights protections from the U.S. Department of Education to other federal agencies.
IDEA is a civil rights law grounded in the doctrine that“separate but equal”is inherently unequal. It guarantees that students with disabilities receive special education and related services in the least restrictive environment tailored to their unique needs and designed to prepare them for further education, employment, and independent living. Moving special education to the Department of Health and Human Services sets usbackmore than 50 years. Students with disabilities are students first, and their education is not ahealthconditionto be treated.
Special education belongswithin the nation’s education agency because it is fundamentally about teaching, learning, access, and opportunity. Educators, special educators, school counselors, school psychologists, and school leaderspossessspecialized knowledge developed through rigorous preparation and professional practice. When educational responsibilities are reassigned to agencieswith aprimary missionthat isdisconnected fromeducation, educationalexpertiseis diminished,and the profession itself is devalued.
Make no mistake: these actions will make it harder for children and youth with disabilities to access the services andsupportthey need to succeed. Parents and educators will bear the burden of a fragmented system, while students risk losing access to the coordinated educationalexpertisethat has guided these programs for decades.
is equallyopposed totransferringcivil rights enforcementin educationtotheDepartment of Justice.
The Office for Civil Rights (OCR) within the Department ofEducationwasestablishedfollowing the civil rights movement and the nation’s efforts to dismantleracialsegregation and discrimination in the wake of Brown v. Board of Education.For decades,the Office for Civil Rights (OCR)has protected studentlibertiesby ensuring equal access to educational opportunity and enforcing critical federal protections, including Title VI, Title IX, and Section 504.Importantly, OCR’s mission has never been limited to investigating complaints. It has provided guidance, technicalassistance, monitoring, and support to schools, colleges, and universitiesseekingto ensure that all students can learn free from discrimination.This work requires deepexpertisein educational systems, disability accommodations, student discipline, language access, campusclimate, and teaching and learning.
The Administration has justified these changes as an effort to reduce federal involvement and return authority to states.In reality,these actions create more bureaucracy, not less.Rather than making it easier for students and families to access the services and protections guaranteed under federal law, stakeholders will now be forced to navigate three federal agencies:the Departments of Education, Health and Human Services, and Justice.
At a time when schools faceeducatorshortages, literacy challenges, and growing demands for educational excellence, the federal government shouldstrengtheneducationaland developmentalexpertise,not disperseit. This is not simply an administrative reorganization. It is a departure from decades of bipartisan recognition that students are best served when educational policy,expertise, and accountability work together.
will continue to advocate for policies that value educatorexpertise, protect student rights, and ensure that every learnercansucceed.
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