The U.S. Department of Education has already begun making unauthorized transfers of education programs to other federal agencies through interagency agreements (IAAs) without congressional approval. These actions are likely illegal, violate Congressional intent, and must be reversed. Congress has made clear that the Department of Education does not have the authority to transfer its core responsibilities. Only Congress can approve such changes. 

We need you to contact your Members of Congress NOW. Additional IAAs are expected very soon and may include transferring the programs of the Office of Special Education and Rehabilitative Services (OSERS), which includes the Office of Special Education Programs (OSEP) and the Rehabilitative Services Administration (RSA) that oversees vocational rehabilitation, out of the Department of Education to another federal agency. 

 Please call and email your Senators and U.S. Representatives and tell them to: (1) Reverse all recent interagency agreements (IAAs) already issued by the Department of Education as they are unauthorized; (2) Prohibit any future IAAs (including one transferring OSERS) without explicit congressional approval; and (3) Hold bipartisan oversight hearings immediately. 

Background 

There is urgent information currently circulating in Washington, D.C. indicating that Robert F. Kennedy Jr., Secretary of the U.S. Department of Health and Human Services (HHS), has spoken with Linda McMahon, Secretary of the U.S. Department of Education (ED), about transferring OSERS (which includes OSEP and RSA) to HHS. These discussions are reportedly based on the argument that special education is “medical.” Secretary McMahon has repeatedly expressed her intention to transfer OSERS out of the Department of Education to either HHS or the Department of Labor (DOL). Reliable sources also suggest that the White House is now involved, and that the Office of Management and Budget (OMB) is expected to decide soon whether OSERS would move to HHS or DOL. While these reports have not been officially confirmed, this is a critical moment for advocacy. 

Let’s be clear: these programs should not be moved anywhere. These actions bypass Congress and violate clear congressional intent and conflict with federal law, including the Department of Education Organization Act, the Individuals with Disabilities Education Act (IDEA), and the Workforce Innovation and Opportunity Act (WIOA). The Administration is also attempting to dismantle key statutory functions through administrative action. The prospect of moving IDEA implementation to HHS is particularly alarming. IDEA is an education and civil rights law, not a medical program. Moving these programs would weaken coordination, disrupt employment transition services, and fragment oversight. 

The National Down Syndrome Congress (NDSC) has formally opposed these actions in a letter to the Office of Management and Budget (OMB) and shared our concerns with Congressional leadership, requesting oversight hearings and legislation to reverse these transfers and prevent any future ones. We encourage you to share your concerns as well.