WASHINGTON — Senate lawmakers are preparing to advance an amendment intended to prevent federal special education programs from being shifted from the Education Department to the Department of Health and Human Services, according to members of Congress and disability advocates briefed on the plan.
What lawmakers are doing now
Sen. Tim Kaine (D-Va.) told USA TODAY he expects a measure to be considered this month by the Senate education committee that would formally block the proposed move. While the precise language of the amendment remains under development, Kaine said he is confident it will attract support from some Republicans.
Lawmakers and advocates said the effort responds to an interagency agreement announced in June that signals possible reorganization of parts of the Education Department. The change would involve the transfer of the agency’s special education functions to HHS, whose secretary, Robert F. Kennedy Jr., has prompted concern among disability rights groups because of past statements.
Concerns among advocates and officials
During a private briefing this week, acting leaders of the Education Department’s special education division offered limited information about any timeline for changes, attendees said, leaving advocates with unanswered questions. The lack of clarity heightened alarm in the disability rights community and prompted bipartisan interest in congressional action.
"This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators, and state agencies," said Denise Marshall, CEO of The Council of Parent Attorneys and Advocates.
- Key fear: increased uncertainty for families who rely on federal special education supports.
- Political response: a Senate amendment is in the works to block authority transfers to HHS.
- Source of concern: past public statements by HHS leadership and limited answers from agency briefings.
Why this matters
Special education programs are often described as the federal government's "engine room" for ensuring individualized services for students with disabilities. Any change in which department oversees those programs could affect how policy is implemented, how funding flows, and who is responsible for compliance and enforcement.
| Department | Role mentioned |
|---|---|
| Education Department | Current lead on federal special education programs |
| Health and Human Services (HHS) | Proposed recipient of special education functions under the interagency plan |
Advocates say stability and clear lines of authority are essential for families, educators and state agencies that administer individualized education programs and other protections under federal law. The Senate action could offer a swift check on the administration’s reorganization plans, but committee and floor debate will determine whether lawmakers enshrine those protections into statute.
As lawmakers prepare the amendment language and committee schedules move forward, parents and district leaders will be watching for specifics on when, how and whether federal responsibilities could be reassigned — and what that would mean for services in schools across the country.
