On March 20, 2025, an executive order was issued to begin attempts to close the U.S. Department of Education, which can only be shuttered by an act of Congress. During a press conference about the executive order, the President stated that “resources for children with disabilities and special needs will be preserved, fully preserved… and redistributed to various other agencies.”  These statements were directed at the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). 

Considering the Department of Education's integral role in fiscal and programmatic oversight of IDEA and other laws that provide a necessary ecosystem to improve access to education and employment for students with disabilities, as well as the unique expertise they offer to help states and districts meet federal requirements, it is deeply troubling that programs supporting students with disabilities could be moved to other agencies. Specifically, Members of Congress and others have stated their interest in moving the functions and activities authorized by IDEA to the Department of Health and Human Services (HHS).  

Such a move is intolerable for these reasons:  

1. Segregates Students with Disabilities from School-Based Resources and Support: Moving IDEA-related programs and responsibilities to HHS would promote a medical model of disability that could only lead to stigmatizing, segregating, and "othering" children with disabilities. It is only the Department that holds the specific authority from Congress as well as the expertise to support key programs for students with disabilities. In addition to not having authority, HHS is not equipped to work directly with state education agencies, which are delegated the responsibility to oversee the implementation of IDEA in school districts; and, HHS is unable to support and provide essential technical assistance to parents as is currently conducted through a state and regional parent training and information (PTI) network designed specifically to support children and families.  

2. Segregates Students with Disabilities from Bipartisan Programs Authorized Under Education and Career Access Laws: As noted above, the majority of students with disabilities are general education students. Therefore, IDEA activities and programs must not be siloed or ‘segregated’ from other federal education statutes that were intentionally aligned by Congress to support educational equity and access for students with disabilities to K-16 education, career training, and employment opportunities alongside their peers.  

Students with disabilities must continue to receive support from an agency whose roles and functions are designed to ensure that every student is expected to achieve academically and to access career training and post-secondary education. A health-centered agency is not equipped to help students accomplish education and employment success. Given the recent announcement about cutting staff at HHS and merging its divisions, it would also be irresponsible to send any program there. 

Contact your legislators and demand them to stand firm and protect our nation’s students with disabilities from policy proposals that intend to dismantle the Department and/or that will eliminate or reduce funding for key education, disability, and civil rights laws. Urge them to reject the proposal to move IDEA to oversight from HHS. These actions would have lasting negative impacts on students, families, educators, and the future of millions of children with disabilities. 

Stay engaged with CHADD as we continue to monitor these developments and provide opportunities to act. Together, we can protect the future of ADHD care and ensure every person has the chance to thrive. Please call on lawmakers to preserve the critical functions of the Department of Education and its oversight of IDEA.   

Consortium for Constituents with Disabilities (CCD) Education Task Force Letter to House and Senate Appropriations Committee Leadership (April 4, 2025)

Why Protecting IDEA and the U.S. Department of Education is Essential for Students with Disabilities (National Down Syndrome Congress)