Last updated: November 2, 2026
Your child's IEP rights haven't changed. In June 2026, the U.S. Department of Education shifted day-to-day administration of federal special education programs to the Department of Health and Human Services. But IDEA, Section 504, and your child's right to a free appropriate public education are still in effect, and your child's IEP still applies.
If you've seen headlines about special education "leaving" the Department of Education, you're not alone in wondering what it means for your child. Here's a plain-language look at what happened, what stayed the same, and what you can do now.
This affects a lot of families. In the 2022–23 school year, 7.5 million students ages 3 to 21 were served under IDEA, about 15% of all public school students and an all-time high, according to the National Center for Education Statistics.
What actually changed?
On June 16, 2026, the U.S. Department of Education announced four new interagency agreements. One of them covers special education and rehabilitative services.
"HHS will partner with ED on special education and rehabilitative services." — U.S. Department of Education
Under that agreement, HHS takes on grant administration, enforcement, compliance, and monitoring work, with guidance from the Education Department's Office of Special Education and Rehabilitative Services (OSERS). HHS also takes over the yearly reviews of how well each state is following IDEA. Fiscal year 2026 IDEA grants stay in the Education Department's grant system, with later funding moving to HHS systems.
A separate agreement brings in the Department of Justice to support civil rights enforcement. Discrimination complaints are still filed with the Education Department's Office for Civil Rights.
What didn't change?
The laws that protect your child did not move or change. An interagency agreement can't rewrite what Congress put into IDEA.
- IDEA is still the law. Schools must still find, evaluate, and serve eligible students with disabilities.
- Section 504 is still the law. 504 plans remain in effect.
- Your child's IEP still applies. Services, accommodations, and goals in the current IEP stay in place.
- Your procedural safeguards still apply. You still have the right to request evaluations, take part in IEP meetings, disagree, and use mediation, state complaints, or due process.
- Your school and state are still responsible. Day-to-day special education happens at the local and state level, and that hasn't changed.
According to K-12 Dive, an Education Department official said the agreement doesn't change IDEA's guarantee of a free appropriate public education. The Education Department also keeps its legal responsibility for the law.
Why are some parents and advocates worried?
The Education Department says the move is meant to cut bureaucracy and coordinate services better. Many disability and education groups disagree with the approach.
The Arc of the United States and a broad coalition of disability, civil rights, and education organizations have urged Congress to keep these offices inside the Department of Education. Their main concerns are blurrier accountability, slower answers for families, and shifting special education toward a health model when IDEA is an education law. Some members of Congress from both parties have also raised questions about whether these agreements are allowed.
In short, your child's rights on paper are the same. The open questions are about how well those rights get enforced and how quickly problems get resolved.
Does my child's IEP still apply?
Yes. Nothing about this change ends, pauses, or rewrites an existing IEP or 504 plan. Your school still has to provide the services and supports listed in it. If anyone tells you otherwise, ask them to put it in writing and contact your state's parent center.
What can I do to protect my child's services?
These steps help no matter what happens at the federal level.
- Keep your own records. Save copies of the current IEP or 504 plan, evaluations, progress reports, and key emails.
- Read your procedural safeguards notice. Your school must give you one. It explains your rights and how to resolve disagreements.
- Track services. Note if sessions are missed or services change without a meeting.
- Put requests in writing. Email is fine. Dates and written records matter if there's a dispute later.
- Connect with your state's Parent Training and Information Center. Every state has at least one, and they offer free help to families. Find yours through the Center for Parent Information and Resources.
If you're heading into an IEP meeting, our guide on IEPs and 504 plans explained covers your rights step by step. If it's your first meeting, preparing for your child's first school support meeting walks through what to bring and ask.
Where things stand now
As of early November 2026, the agreement is in place and the work is shifting to HHS. Advocacy groups continue to push back, and the situation may keep changing. We'll update this post as new information becomes available.
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References
- U.S. Department of Education. Press release: additional partnerships to strengthen coordination of individuals with disabilities programs. June 16, 2026. Links to the ED/HHS partnership fact sheet.
- National Center for Education Statistics. Fast Facts: Students with Disabilities.
- K-12 Dive. Education Department transfers key special ed, civil rights functions. June 16, 2026.
- The Arc of the United States. Moving Special Education and Civil Rights Out of Education Department Risks a Patchwork of Rights for Students With Disabilities. June 16, 2026.
- Center for Parent Information and Resources. Find Your Parent Center.
- Community link: r/specialed
The day-to-day administration of federal special education programs is shifting to HHS through an interagency agreement announced in June 2026. The Department of Education keeps legal responsibility for IDEA.
