How Moving IDEA to HHS Could Impact Special Education Students
Moving IDEA Special Education Oversight to HHS: How Linda McMahon’s Proposal Could Impact Students
President Trump's 2025 executive order instructing the gradual closure of the U.S. Department of Education has sparked controversy, especially around special education. Education Secretary Linda McMahon recently suggested that oversight of the Individuals with Disabilities Education Act (IDEA) might move back to the Department of Health and Human Services (HHS). But what exactly does this mean for students relying on special education services and their families?
Returning IDEA to its Roots at HHS?
During a recent CNN interview, Secretary McMahon explained the rationale for shifting IDEA oversight to HHS, stating clearly:
"The programs for students with disabilities will more than likely rest in HHS, which, by the way, is where they began."
– Secretary Linda McMahon, CNN Interview, March 24, 2025
Historically, special education services were managed by Health, Education, and Welfare (HEW), the predecessor to HHS. After the Department of Education was established in 1979, these educational responsibilities shifted, placing IDEA firmly within a dedicated education agency.
McMahon argues this shift back would streamline efficiency by reducing bureaucratic overlap. She described the Department of Education as essentially a "pass-through of funding," stating:
"The Department of Education does not educate one child. It does not establish any curriculum in any state... What it is, is more of a pass-through of funding, which is appropriated by Congress."
– Secretary Linda McMahon, CNN Interview, March 24, 2025
What Does this Change Mean Practically?
Critics question whether moving IDEA oversight away from an education-focused federal department might weaken accountability. The Office of Special Education Programs (OSEP) currently provides specialized support, compliance monitoring, and federal oversight. If IDEA moves to HHS, states could see less federal intervention in ensuring consistent protections for students with disabilities.
When pressed on CNN about ensuring continued protections for students, McMahon responded cautiously:
"Let's certainly hope. I would like to see even more funding go to the states for that. And if it rests with HHS... that funding clearly is going to continue to come from Congress."
– Secretary Linda McMahon, CNN Interview, March 24, 2025
This statement acknowledges the central role of Congress in funding IDEA, but stops short of explicitly promising no disruptions during the transition.
Concerns Over Funding Stability
One of the largest uncertainties is funding continuity. Though McMahon emphasized that funding would continue to flow, her assurances were tempered by an acknowledgment that much depends on Congress:
"If they don't have the support from Congress to continue to appropriate that money... that's where the students can really fall through the cracks."
– Secretary Linda McMahon, CNN Interview, March 24, 2025
If IDEA oversight transfers to HHS, families might experience confusion or delays as states adjust to new federal reporting structures and accountability standards. Clear guarantees of stable, uninterrupted support remain uncertain.
Increased State Control—Benefit or Burden?
Secretary McMahon advocates giving states greater flexibility and local control. According to her, less federal involvement empowers state leaders:
"Governors and state superintendents of education have said, look, if we have the funding coming in which allows us to be more creative, we can spend that... The president believes, as I do, that the best education is that that's closest to the students."
– Secretary Linda McMahon, CNN Interview, March 24, 2025
However, critics argue this approach risks widening disparities among states and school districts. Without uniform federal guidelines and dedicated oversight from education specialists, families may face increased inconsistency in service quality.
Public Reaction: Skepticism and Concern
The CNN interview sparked significant public backlash. Commenters highlighted concerns about fairness, transparency, and the practicality of transferring responsibilities:
Parents questioned the effectiveness of shifting oversight to HHS, fearing increased bureaucratic confusion.
Educators and disability advocates worry that students with special needs might lose critical safeguards without specialized education-focused oversight.
Looking Ahead: Vigilance and Advocacy Required
Secretary McMahon’s comments suggest substantial changes to special education oversight are coming. While her assurances focus on maintaining funding, the broader implications for student rights and protections remain unclear. Families, educators, and advocates will need to closely monitor these developments and continue advocating strongly to protect and advance special education services.
Citation:
CNN, "Dana Bash asks Linda McMahon how eliminating Department of Education will increase test scores," YouTube video, March 24, 2025. Watch here.