The first three weeks of March were tumultuous for the Department of Education. On March 3, 2025, after being appointed as Secretary of Education, Linda McMahon issued a statement entitled “Our Department’s Final Mission.” The Secretary’s mission is to return authority for education to the states and eliminate “bureaucratic bloat.” On March 11, 2025, the Department of Education initiated a reduction in force of almost 50%.  On March 20, 2025, President Trump issued an Executive Order aimed at closing the Department. And on March 21, 2025, President Trump said that the Department of Health and Human Services (HHS) would handle “special needs.” The administration has not provided any details about the proposed transition.  

What does this mean for the Individuals with Disabilities Education Act (IDEA)? Nothing quite yet. 

First, the IDEA is a federal law. It cannot be erased or modified without congressional action. Second, the Department of Education was also established by federal law. It cannot be closed without congressional action. Third, the IDEA and the Department of Education are statutorily intertwined. The 1979 law creating the Department also mandates the creation of the Office of Special Education and Rehabilitative Services (OSERS) within the Department. The IDEA creates the Office of Special Education Programs (OSEP) within OSERS and provides that OSEP “shall be the principal agency in the Department [of Education] for administering and carrying out [the IDEA] and other programs and activities concerning the education of children with disabilities.” The Secretary of Education is responsible for administering IDEA funds.  

Given this statutory structure, it does not appear that the President can move administration of the IDEA to a different agency without Congress amending the law. Several lawsuits have been filed (and more are expected) challenging the reduction in force at the Department and efforts to wind down its work. We will also be watching for any suits directed specifically at the proposed move of the IDEA to HHS. 

What if Congress did revise the IDEA to refer to the Secretary of HHS instead of Education and put OSEP within HHS? Even if no other changes were made to the law, there are concerns related to the lack of expertise and capacity within HHS to provide technical assistance, compliance monitoring, and accountability, as well as disburse funds in accordance with complex formulas. While it appears that OSERS maintained much of its staff in the recent layoffs, it is an open question whether those people would move to HHS. At least in the short term, the transition could create confusion and delays.  

Other proposals call for more significant changes, such as turning IDEA funding into block grants to the states to oversee, which would be aligned with the administration’s push to send education back to the states. Alternatively, IDEA funding could be provided to parents as education savings accounts, which would be aligned with the administration’s push to provide parents with more choice and the option to send their students to private schools. Both of these options would require congressional action and would likely face significant push-back from disability rights advocates.  

For now, the IDEA remains unchanged and housed within the Department of Education. Schools should continue their work to meet the needs of students with disabilities and follow the procedures and requirements set out in the law. Even if the administration’s compliance monitoring is interrupted or diminished, parents can still enforce their rights by filing a state complaint or due process hearing request. Please reach out to our Special Education Team for additional guidance.