Federal Oversight Changes: What Parents Need to Know
In June 2026, the federal government announced a significant restructuring of how disability-related education programs are administered. While students’ legal rights have not changed, the federal agencies responsible for overseeing those rights have.
What Changed?
For decades, the Office of Special Education Programs (OSEP) within the U.S. Department of Education administered federal special education programs under the Individuals with Disabilities Education Act (IDEA).
Under new interagency agreements announced on June 16, 2026:
- Day-to-day administration of the Office of Special Education and Rehabilitative Services (OSERS), including OSEP, is being managed in partnership with the U.S. Department of Health and Human Services (HHS).
- Education civil rights enforcement, including many functions of the Office for Civil Rights (OCR), is now being carried out in partnership with the U.S. Department of Justice (DOJ).
The Department of Education has stated that it retains its statutory responsibilities while these operational duties are performed through the interagency agreements. Parents may therefore see HHS and DOJ playing a larger role in federal oversight of disability and civil rights matters.
What Has Not Changed
These federal laws remain fully in effect:
- Individuals with Disabilities Education Act (IDEA)
- Section 504 of the Rehabilitation Act
- Americans with Disabilities Act (ADA)
- Free Appropriate Public Education (FAPE)
- Child Find
- Evaluation requirements
- IEP protections
- Procedural safeguards
- Due process rights
Schools continue to have the same legal obligations to identify, evaluate, accommodate, and appropriately serve students with disabilities. A change in federal administrative oversight does not change these statutory rights.
Oversight Before and After
| Previous Federal Oversight | Current Federal Oversight |
|---|---|
| OSEP (Department of Education) administered IDEA programs. | HHS now manages many day-to-day operational functions for IDEA programs through an interagency partnership. |
| OSEP monitored state IDEA compliance. | HHS now supports monitoring, compliance activities, grant administration, and data collection. |
| OCR (Department of Education) investigated Section 504 discrimination complaints. | DOJ now supports investigations and enforcement of many education civil rights functions through an interagency agreement. |
| Special education and civil rights oversight were primarily housed within the Department of Education. | Oversight responsibilities are now shared among the Department of Education, HHS, and DOJ. |
What This Means for Families
The long-term impact of these administrative changes is still developing.
Parents may notice:
- New federal contacts or agencies involved in IDEA oversight.
- Different pathways for technical assistance or complaint processing.
- Transition-related delays as responsibilities shift between agencies.
- Updated guidance and procedures from federal oversight offices.
Disability organizations across the country are closely monitoring these changes and encouraging families to stay informed as implementation continues.
PAU’s Perspective
Federal agencies may change, but students’ rights do not.
Whether oversight is carried out through the Department of Education, the Department of Health and Human Services, or the Department of Justice, schools remain legally responsible for providing students with disabilities the protections and services guaranteed under federal law.
PAU Hawaiʻi will continue monitoring federal developments and providing families with practical, up-to-date information to help them understand how changes in oversight may affect special education and disability rights.
Office of Special Education Programs (OSEP)
The U.S. Department of Education’s Laws and Policy page is a central resource for federal education laws, regulations, and guidance that govern preschool through higher education, including civil rights protections, special education, and funding programs. It brings together key legal frameworks, such as IDEA and other federal statutes, while outlining how policies are applied and enforced across educational systems.
Understanding this landscape is critical for families, as these laws operate across multiple levels of oversight and shape how decisions, rights, and services are implemented in practice.
Office for Civil Rights (OCR)
The Office for Civil Rights (OCR) within the U.S. Department of Education is responsible for enforcing federal civil rights laws (Section 504) that prohibit discrimination in schools and other education programs receiving federal funding. OCR ensures equal access to education by investigating complaints, conducting compliance reviews, and working with institutions to address violations related to race, disability, sex, national origin, and other protected categories.
It also provides guidance and technical assistance to help schools meet their legal obligations and resolve civil rights concerns.
Family Educational Rights and Privacy Act (FERPA)
The U.S. Department of Education’s Student Privacy (Parents and Students) page guides federal privacy laws, primarily the Family Educational Rights and Privacy Act (FERPA), which protect student education records and give parents the right to access, review, and request corrections to those records, as well as control how personal information is shared.
It also offers tools and resources to help families understand how student data is collected, used, and protected within school systems.
US Department of Justice (DOJ) – Civil Rights Division
The U.S. Department of Justice Civil Rights Division’s Disability Rights Section enforces federal disability laws, primarily the Americans with Disabilities Act (ADA) and Section 504, to ensure equal access and prevent discrimination in areas such as public education, state and local government services, employment, and public accommodations.
It investigates complaints, conducts compliance reviews, and can take legal action, including lawsuits and settlement agreements, to address systemic violations and enforce civil rights protections for individuals with disabilities.
CADRE, the National Center on Dispute Resolution
The Center for Appropriate Dispute Resolution in Special Education is a federally funded national resource center that helps families, schools, advocates, and state agencies prevent and resolve special education disputes under IDEA. Funded by the Office of Special Education Programs, CADRE provides free guides, training, data, and tools related to mediation, state complaints, due process hearings, IEP meetings, and conflict resolution. CADRE does not investigate complaints, enforce laws, or represent families, but serves as a national source of information and technical assistance designed to improve communication, reduce conflict, and support better outcomes for students with disabilities.
