Federal Restructuring of Special Education and Civil Rights
The federal government recently announced plans to move the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS), and the Office for Civil Rights (OCR) to the Department of Justice (DOJ).
For nearly fifty years, special education and civil rights enforcement have lived together under the Department of Education. It was a choice for learning, school accountability, and equal rights to be tied to one another. This relocation is a massive shift in how our nation protects students with disabilities.
SPAN is deeply concerned about the consequences of separating these systems and how these changes will undermine accountability, disrupt critical services, create confusion for families and schools, and weaken federal protections for millions of students.
Disability is not a minor issue; it impacts 1 in 6 children across our communities. In New Jersey alone, more than 240,000 public school students, over 17% of our student population, rely on these vital special education services. Moving special education to a health agency risks treating disability as a medical condition rather than an educational and civil right. At the same time, shifting civil rights out of the education sector creates uncertainty for families trying to resolve discrimination issues at school.
While these federal structural changes are troubling, families need to understand the law.
Children with disabilities are protected by the Individuals with Disabilities Education Act (IDEA), Section 504, and the ADA. Your local school district still has legal obligations to provide services and accommodations. We stand ready to support our state and local education leaders in their efforts to ensure that these federal administrative reshufflings do not impact classrooms or disrupt IEP delivery.
SPAN’s mission has not changed, either. We continue to stand beside you.
Steps for Families Right Now:
- Keep advocating for what your child needs at school right now. Federal agency shifts do not alter your child’s day-to-day legal entitlements or current IEP goals.
- Organize your paperwork. Keep copies of all current IEPs, 504 plans, independent or school evaluations, emails, and meeting notes.
- If your school district implies that services are being cut or rules have altered because of this federal news, please reach out to us. We are tracking local experiences in real-time.
We are monitoring this situation closely alongside our national partners. SPAN will continue to provide updates, guidance, and resources as more details emerge.
You do not have to navigate these complex changes alone. If you need assistance or want to share your experience, visit spanadvocacy.org or call (973) 642-8100. Follow us on social media (LinkedIn, Threads, Facebook) at SPAN Parent Advocacy Network, Inc. for ongoing updates.
Thank you for staying engaged.
Carolyn Hayer
Executive Director
