In February, CLE published the brief “Why Special Education Cannot – and Should Not – Be Moved to HHS Under Federal Law.” This brief is timelier than ever, as recent reporting from Education Week tracks the Trump administration’s efforts to shift Department of Education programs to other agencies. While at least 119 K-12 and higher education programs have been moved, the Office of Special Education Programs (OSEP) remains within the Department of Education, and has not been moved to the Department of Health and Human Services (HHS) despite the Trump Administration’s threats.
As CLE’s analysis notes, transferring OSEP’s programs to HHS, an agency with a clinical and medical orientation, treats “disability primarily as a diagnosis to be managed, rather than recognizing students as learners with potential.” HHS does not oversee K-12 education systems and lacks the structure to monitor education quality. Students with disabilities are general education students first, entitled to access to the same academic content and post-school opportunities as their peers, with appropriate support.
CLE’s analysis, part of its ongoing Federal Education Actions Tracker, underscores why maintaining special education within the Department of Education is critical for safeguarding access to quality education for students with disabilities.
