Why Disability Advocates Worry About the Move of Special Education

On June 16, 2026 the federal government said it would move oversight of special education to the Department of Health and Human Services, while the Department of Justice would take the lead on civil rights enforcement in schools. Officials framed the reorganization as an effort to reduce federal bureaucracy, and they noted that parts of the Education Department's work have already been shifted to other agencies. The Education Department distributes billions of dollars to schools each year, and advocates have warned that changes could affect how that funding is managed.

Disability groups and education organizations have reacted with alarm. Many advocates point to Robert F. Kennedy Jr., who leads HHS, and to his past public statements about autism. Scientists and advocacy groups have expressed concern about politicizing research, and some experts formed independent panels earlier this year to address those worries. The American Federation of Teachers has criticized the move and urged federal officials to protect students with disabilities.

Practical questions remain about enforcement, funding flow, and how individualized services will be overseen. Groups have requested meetings with federal leaders and have called for clear, published plans so families can understand any changes. While the administration says services will continue, advocates say stronger guarantees are needed to prevent gaps.

Kennedy's leadership at HHS has already prompted personnel changes and public controversy in recent months, which has heightened concern among advocates who work with students and families. Many parents say they want firm commitments that federal protections will stay in place so their children receive consistent support.