Press Releases

Washington, D.C. — Congresswoman Mary Gay Scanlon (PA-05) last week led Reps. Jared Huffman (CA-02), Suzanne Bonamici (OR-01), Lucy McBath (GA-07), Mark DeSaulnier (CA-10) and 37 House Democrats in urging the Department of Education to halt efforts to transfer special education programs under the Individuals with Disabilities Education Act (IDEA) to the U.S. Department of Health and Human Services (HHS). Relocation of IDEA programs would violate congressional intent and threaten to further upend the lives of millions of students with disabilities and their families. The members’ inquiry is a follow up to an April 21 letter to address similar questions and concerns.

“As we discussed in our April 21 letter, students with disabilities across the country rely on IDEA to access the free appropriate public education to which they are legally entitled. Shifting IDEA oversight to HHS without congressional authorization is not only illegal, but it also jeopardizes federal investments in and oversight over special education programs,” the members wrote.

“Despite this Administration’s previous attempt to eliminate nearly the entire staff at the OSERS, the Department of Education remains the only federal agency with expertise, institutional knowledge, and established relationships with state and local education agencies to properly administer IDEA. We remain concerned that moving IDEA to HHS would improperly shift special education toward a medical model rather than an educational right,” the members continued.

The members requested answers to the following questions by December 22, 2025:

1. What steps has the Department taken towards transferring IDEA administration to another federal agency?

2. What statutory authority do you have to move IDEA programs to another agency?

3. What evidence do you have that such a transfer will not negatively affect students with disabilities’ access to a free appropriate public education?

4. If you were to move forward with a transfer despite lacking the necessary authority, what office within HHS would assume responsibility for IDEA?

5. What other programs within the Office of Special Education and Rehabilitative Services is the Department considering relocating, and what agencies and offices would receive those programs?

   1. How has the staffing level in these offices changed since the beginning of this year?

6. Has HHS notified you that it will implement to guarantee that the full intent and legal obligations of IDEA are upheld?

7. Are you aware of any concrete steps that HHS will take to ensure that states and local education agencies receive the necessary support and guidance to comply with federal special education requirements? If so, what are those steps?

8. Has the Administration consulted with stakeholders, including disability rights advocates and special education professionals, regarding this transfer? If so, how were those consultations conducted, and what concerns were raised?

“We remain strongly opposed to efforts to transfer IDEA to HHS and urge you to properly consider the effects this change will have on millions of students with disabilities and their families,” the members concluded.

Find full text of the letter here.

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