Education Secretary Linda McMahon told the Senate on April 28, 2026, that programs under the Individuals with Disabilities Education Act could be split between the Department of Labor and the Department of Health and Human Services. No final decisions have been made. This marks the first time the administration has confirmed that IDEA programs, which serve millions of children with IEPs, could be divided between multiple agencies rather than transferred to a single federal department.

What McMahon Said

During her Senate subcommittee testimony, McMahon confirmed that the administration is exploring options for relocating IDEA programs as part of efforts to dismantle the Department of Education. "We are looking at the Department of Labor for some of its programs and we are also looking at HHS for a potential home for some of those programs," she told lawmakers.

She said no final decisions have been made. She promised that students would be treated the same way regardless of where programs land.

Senators pushed back hard. Thousands of parents and advocates have contacted Congress since the proposal first surfaced earlier this year.

Why This Matters for Families

IDEA is the federal law that guarantees special education services to children with disabilities. It's the legal foundation for IEPs, evaluations, and accommodations in public schools. Right now, the Department of Education enforces IDEA, investigates complaints, and provides guidance to school districts.

Splitting IDEA programs between Labor and HHS raises several questions families don't have answers to yet:

• Which agency would handle IEP disputes and compliance complaints?
• Would early intervention services (Part C) and school-age services (Part B) be separated?
• How would enforcement work if responsibilities are divided?
• Would disability be framed as a health issue instead of an educational right?

Advocates argue that moving special education to HHS could shift the focus from educational equity to medical or health-based framing. That matters because IDEA was designed to ensure kids with disabilities receive a free appropriate public education in the least restrictive environment, not medical care.

The Department of Labor handles workforce programs and vocational rehabilitation. HHS oversees Medicaid, early childhood programs, and public health. Neither agency has a history of enforcing special education law in schools.

The 35% Civil Rights Office Cut

The same budget proposal that increases IDEA funding by $539 million also requests a $49 million cut to the Office for Civil Rights, reducing its budget from $140 million to $91 million. That's a 35% reduction.

Senator Chris Murphy confronted McMahon on this during the hearing. She denied the cut existed despite the budget documents showing otherwise. Murphy called the exchange surreal: "It's like black is white! It's a 35% cut you are proposing."

The Office for Civil Rights investigates discrimination complaints in schools, including disability-based discrimination under Section 504 and the ADA. The administration cut half of OCR's staff and closed regional offices earlier this year. A report from Senator Bernie Sanders' office found that OCR resolved zero cases in 2025 related to sexual harassment, racial discrimination, or seclusion and restraint.

If IDEA programs move to Labor and HHS while the civil rights enforcement office shrinks, families may face longer wait times for complaint resolution and weaker oversight of school districts that fail to comply with IEP requirements.

What Families Can Do Now

You don't have to wait for final decisions to act. Here's what you can do:

• Contact your senators. Tell them how IDEA services affect your child's education and why enforcement matters. Use the Senate contact directory to find your state's senators and call their offices directly.
• Document your child's current IEP services. Keep a written record of every accommodation, service, therapy session, and support your child receives. If oversight shifts to a new agency, you'll need this documentation to prove what was in place.
• Ask your school district what they know. Districts are navigating this uncertainty too. Ask your IEP coordinator or special education director if they've received guidance from the state about potential changes.
• Join a parent advocacy group. Organizations like the Council of Parent Attorneys and Advocates (COPAA) and the National Center for Learning Disabilities are tracking this closely and can alert you to action opportunities.

What Happens Next

McMahon's testimony confirms the administration's intent but offers no timeline or implementation plan. Congress would need to pass legislation to formally dissolve the Department of Education and reassign its programs. That process takes time and requires votes in both the House and Senate.

For now, IDEA remains under the Department of Education. Your child's IEP is still legally binding. School districts are still required to comply with federal special education law.

The uncertainty is real, but so is the legal framework that protects your child's right to services. Stay informed, stay connected to advocacy networks, and document everything. When decisions are made, you'll be ready to respond.

You can read the full coverage from Disability Scoop and EdWeek's analysis of the budget hearing.