NDSC opposes plan to move special education and civil rights offices out of Education

The National Down Syndrome Congress is urging Congress to stop the Education Department’s plan to transfer OSERS to HHS and OCR to DOJ. The group says the move could weaken disability rights enforcement, disrupt special education oversight and require lawmakers to change federal law first. Why it matters: - The proposed transfers could affect how the federal government oversees special education, vocational rehabilitation and civil rights protections for students with disabilities. - More than 8 million infants, toddlers, children and youth receive services under the Individuals with Disabilities Education Act. - Millions of youth and adults with disabilities rely on vocational rehabilitation services administered through the Rehabilitation Services Administration. - NDSC says moving these offices out of the Department of Education could weaken accountability and make services harder to coordinate. What happened: - The U.S. Department of Education announced plans to move the Office of Special Education and Rehabilitative Services to the Department of Health and Human Services. - The department also announced plans to move the Office for Civil Rights to the Department of Justice. - The National Down Syndrome Congress strongly opposed both transfers in a June 16, 2026 statement. - NDSC called for immediate congressional hearings on the proposals. The details: - OSERS houses the Office of Special Education Programs, which oversees IDEA, and the Rehabilitation Services Administration, which oversees vocational rehabilitation and other employment services. - NDSC said OSERS has served as the federal office supporting children and adults with disabilities for more than 50 years. - NDSC argued that moving OSERS to HHS would treat disability primarily as a health issue instead of an education, employment and civil rights issue. - OCR is responsible for enforcing civil rights laws in schools and investigating discrimination complaints involving students, including students with disabilities. - NDSC said moving OCR to DOJ could distance civil rights enforcement from the education system and slow relief for families. - NDSC said the transfers are unlawful, contrary to congressional intent and harmful to people with disabilities and their families. - NDSC said federal law places OSERS, including OSEP and RSA, within the Department of Education. - NDSC said any permanent transfer would require Congress to amend federal law. - The organization said it opposes any effort to move OSERS and OCR out of the Department of Education. - Stephanie Smith Lee, NDSC Policy & Advocacy Co-Director and a former OSEP director under President George W. Bush, said moving OSERS to HHS would weaken accountability and create unnecessary bureaucracy. - Jim Hudson, NDSC executive director, said the changes would create uncertainty for students, families, educators and disability service providers. Between the lines: - The dispute is about more than agency reorganization; NDSC sees it as a test of whether disability policy stays anchored in education law or shifts toward a healthcare model. - The organization is also signaling a legal fight by saying Congress created these programs and set their locations in statute. - NDSC’s push for public hearings suggests advocates want lawmakers to slow the process before any administrative transfer advances. - The group’s focus on oversight reflects concern that separating OCR from the Education Department could dilute enforcement against school discrimination. What’s next: - NDSC wants the chairs and ranking members of the Senate HELP Committee, House Education and Workforce Committee, and the House and Senate Appropriations Committees to hold open, public hearings. - The hearings would examine the educational, employment, civil rights, legal and practical consequences of the proposed transfers. - NDSC said no transfer should proceed unless Congress changes federal law to authorize it. - The organization urged Congress to preserve OCR and OSERS, including OSEP and RSA, within the Department of Education. - The NDSC brief and a letter from former IDEA implementation officials are being cited as additional support against the transfers. The bottom line: - NDSC is asking Congress to block a reorganization it says could weaken disability services, civil rights enforcement and federal accountability for millions of students and adults with disabilities. - More information