If you've been following the news about the Department of Education, you may be feeling uneasy, and that's completely understandable. When you're already working hard to make sure your child gets the services they need, any hint that the system supporting those rights might shift feels unsettling. You deserve a clear picture of what's actually happening and what it means for your family right now.

Here's what's going on, what it could mean in practice, and, most importantly, where your child stands today.

The Office That Protects Your Child's Rights

Inside the Department of Education sits a little-known office that plays a big role in your child's education: the Office of Special Education Programs, known as OSEP. Most parents never hear of it directly, but it's working in the background every time a school follows an IEP or a state holds a district accountable for failing a student.

OSEP oversees roughly $15 billion in annual funding for special education services. More than that, it's the office that steps in when states or school districts fall short: reviewing whether states are following the Individuals with Disabilities Education Act (IDEA), funding parent training and support centers, and making sure the law that protects your child actually gets enforced.

What the Administration Is Planning

Secretary of Education Linda McMahon has told disability advocates that she intends to move OSEP out of the Department of Education entirely. The two leading options are the Department of Labor or the Department of Health and Human Services.

As of early 2026, no timeline has been set and nothing has been formally signed. But advocates who have met directly with Secretary McMahon say the message was clear: this transfer is a question of when, not if.

This comes after a deeply alarming moment last October, when nearly all staff in OSEP's parent office were laid off. A federal court blocked those layoffs and staff were reinstated, but the episode shook families and advocates, and it made clear just how much uncertainty now surrounds this office.

Why Moving It Matters

This isn't a bureaucratic reshuffling that happens in the background. Where an office lives shapes what it focuses on, who it answers to, and what it treats as a priority.

The Department of Labor is focused on workforce and employment. The Department of Health and Human Services centers on medical and social services. Neither one has the foundation that decades of K-12 education law requires: the deep familiarity with IEP processes, school district relationships, and the specific protections families have fought for and rely on.

Advocates who work closely with OSEP are worried that a move could:

• Erode the specialized expertise staff have built over decades working specifically on IDEA
• Leave states and districts without the guidance they depend on
• Shift focus away from educational outcomes toward employment or medical frameworks
• Weaken the accountability that keeps school districts from sidestepping their obligations to children

These are real concerns, and they're worth understanding, even as the situation continues to develop.

What Congress Has Done to Protect Families

Here's something that may bring some relief: Congress has pushed back, and from both sides of the aisle.

The federal budget law signed in February specifically prohibits the Department of Education from moving education funding to another agency without congressional approval. Congress also rejected the administration's separate proposal to convert IDEA funding into flexible state grants. That change would have allowed states to spend the money more loosely, potentially pulling it away from the parent training centers and direct family support programs that depend on it.

For now, IDEA funding and its protections remain in place.

What This Means for Your Child Right Now

Your child's rights under IDEA have not changed. The law is still the law. Schools are still required to provide a free and appropriate public education, follow your child's IEP, and uphold the legal protections that give you a voice in your child's education.

Any real-world impact from a transfer would take time to take shape. But families and advocates are watching closely to see whether the staff and expertise at OSEP survive a potential move, whether a new agency would treat IDEA enforcement as seriously, and whether the budget protections Congress put in place hold in future years.

What You Can Do

The most important thing right now is to stay connected to the organizations tracking this closely. The National Center for Learning Disabilities, Council for Exceptional Children, and Disability Belongs are all actively following these developments and will raise the alarm if anything changes that directly affects your family's rights.

If you're worried about how any of this might affect your child's services, reach out to your state's Parent Training and Information Center. These federally funded centers are specifically there to help families understand and use their rights, and they are still operating today.

The situation is still unfolding, and the legal landscape can change. What remains steady is this: your child's IEP, your right to request evaluations, and the protections IDEA gives your family are all in place right now. You are not navigating this alone.