Shifting Special Education to HHS Risks Harming Students With Disabilities

June 26, 2026 - 20:37

A proposal to move special education oversight from the Department of Education to the Department of Health and Human Services has drawn sharp criticism from disability advocates and educators. The change, they argue, would fundamentally alter how students with disabilities are viewed and served in America's schools.

The concern centers on a shift in philosophy. When special education sits within an education agency, the focus remains on learning, growth, and academic potential. Students are seen as learners first, with supports designed to help them access the same curriculum as their peers. Moving this responsibility to a health agency would reframe disability as a medical condition rather than a natural part of human diversity.

Under HHS, the emphasis could drift toward diagnosis, treatment, and clinical management. Instead of asking how to help a child read or solve math problems, the system might focus on what is wrong with them and how to fix it. This medical model has a long history of isolating people with disabilities rather than including them.

The Individuals with Disabilities Education Act, or IDEA, guarantees a free and appropriate public education in the least restrictive environment. That law was built on the principle that disability is not a barrier to learning when schools provide the right supports. Moving special education to a health agency could weaken that guarantee by prioritizing medical intervention over educational opportunity.

True inclusion means recognizing that every student belongs in the classroom, not in a treatment plan. The measure of a society is not how well it manages disability. It is how fully it embraces the humanity, dignity, and belonging of every person.