Did special education move to HHS in 2026?

No. The Individuals with Disabilities Education Act remains the legal responsibility of the U.S. Department of Education, because Congress assigned that authority to ED under the Department of Education Organization Act. A June 16, 2026 interagency agreement moved administrative functions to Health and Human Services, including grant administration, compliance monitoring, and the annual state IDEA performance determinations. The statute itself did not move, and no interagency agreement can change what IDEA requires.

Does the HHS agreement change my child's IEP rights?

No. An agreement between two federal agencies cannot amend a federal statute. Under 34 CFR 300.323(a), your school must have an IEP in effect for your child at the beginning of each school year. Under 300.323(d), that IEP must be accessible to every teacher and service provider responsible for implementing it, and each must be informed of their specific responsibilities. Prior written notice and procedural safeguards are unchanged.

Where do I file an OCR complaint in 2026?

You file with the U.S. Department of Education's Office for Civil Rights, the same way as before, using the complaint assessment system at ocrcas.ed.gov or the fillable PDF complaint form. The deadline is generally 180 days from the last act of discrimination, waivable for good cause. OCR was not transferred to the Justice Department. ED retains management and leadership of OCR and refers complaints to DOJ for investigation.

Who oversees IDEA now, the Education Department or HHS?

The Education Department retains statutory authority and legal responsibility for IDEA. Under the 2026 interagency agreement, HHS performs grant administration, enforcement, compliance and monitoring activities with guidance from the Office of Special Education and Rehabilitative Services, and takes charge of the annual state IDEA performance determinations. OSERS continues to coordinate policy and grant document clearance and provide technical assistance.

Was IDEA funding cut in the 2026 special education changes?

No. Congress appropriated approximately $15.5 billion for IDEA in fiscal year 2026, and the Education Department announced an additional $144 million in May 2026. FY26 grants continue to be processed through the Education Department's grant system, with subsequent allocations moving to HHS payment systems. Changing which agency processes a payment is an administrative change rather than a funding reduction.

Has Congress blocked the OSERS transfer to HHS?

Not yet. S. 5046, which would prohibit the Education Department from transferring OSERS and three other offices to other federal agencies, advanced out of the Senate Health, Education, Labor and Pensions Committee by a 13 to 9 vote on July 30, 2026 and awaits a full Senate vote. A coalition of 731 civil rights and education organizations has asked Congress to reverse the transfers. The outcome is not settled.

What should parents do differently this school year?

Keep your own records. Request prior written notice whenever the school proposes or refuses a change to identification, evaluation, placement, or FAPE. Put concerns in writing, date everything you send, and keep copies. Confirm early in the year that everyone responsible for implementing your child's IEP has read it. These habits matter more when federal monitoring of states is in transition.

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