Press Releases

Washington, D.C. - Congresswoman Mary Gay Scanlon (PA-05) today led 44 House members in a letter to Education Secretary Linda McMahon and Health & Human Services Secretary Robert F. Kennedy Jr. to express their opposition to the announced transfer of special education-related funding and oversight responsibilities under the Individuals with Disabilities Education Act (IDEA) from the Department of Education to the Department of Health & Human Services. This proposed transfer lacks transparency and raises serious legal, practical, and ethical concerns.

This decision threatens to undermine decades of progress in supporting and educating students with disabilities. The Department of Education is the only federal agency with the expertise, institutional knowledge, and established relationships with state and local education agencies to properly administer IDEA. Additionally, placing IDEA under HHS risks shifting the perception of students with disabilities from learners to patients - which will further isolate them from inclusive educational environments.

Before coming to Congress, Rep. Scanlon spent decades as an advocate for students with special needs, as a volunteer attorney for students with disabilities, an attorney at the Education Law Center of Pennsylvania, and a member of her local school board. 

The proposed transition also comes amidst major reductions in workforce and resources at HHS. The department has already cut 20,000 jobs and has announced plans to gut numerous operating divisions, close regional offices, and eliminate essential functions.

“Shifting IDEA oversight to HHS without Congressional authorization violates the statutory structure and intent of IDEA and risks violation of both federal law and the rights of students with disabilities.  We urge the administration to reverse this misguided decision and preserve IDEA oversight within the Department of Education,” the members wrote.

“Moving this responsibility to HHS without a clear plan or the infrastructure for oversight raises serious concerns about whether the federal government can continue to guarantee a free and appropriate public education for students with disabilities. This is not merely a bureaucratic reshuffle—it’s a direct threat to the educational future of millions of students across the country,” the members continued.

The members requested answers to the following questions by May 21, 2025:

1. What department within HHS has been identified to assume responsibility for IDEA funding and oversight? How has this department been affected by the recent reduction in workforce and resources? 
2. What systems has HHS implemented to guarantee that the full intent and legal obligations of IDEA are upheld, and that children with disabilities continue to receive a free and appropriate public education?
3. In light of its lack of existing infrastructure and expertise in this area, what concrete steps will HHS take to ensure that states and local education agencies receive the necessary support and guidance to comply with federal special education requirements?
4. Has the administration consulted with stakeholders, including disability rights advocates and special education professionals, regarding the proposed transfer? If so, how were those consultations conducted, and what concerns were raised?  

“As Members of Congress, we remain committed to protecting the rights of students with disabilities and upholding the integrity of special education across the nation. We demand that the administration and HHS uphold this same commitment,” the members concluded.

Find the full text of the letter here.

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