NCLD Condemns Interagency Agreements Threatening Special Education and Civil Rights Enforcement

Shifting responsibilities from OSERS to HHS and from OCR to DOJ would fragment federal education protections and put students and families at risk.

WASHINGTON, DC — June 16, 2026 — The National Center for Learning Disabilities (NCLD) strongly condemns the Administration’s newly announced interagency agreements (IAAs) shifting the work of the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS) and the work of the Department of Education’s Office for Civil Rights (OCR) to the Department of Justice (DOJ) civil rights division.

These agreements go far beyond an administrative reshuffling. They move special education programs and education civil rights enforcement away from the agency that has spent decades working with states, school districts, educators, and families. The Department says OSERS and OCR will keep their legal responsibilities. But its announcement does not explain what work will be handled by HHS and DOJ, whether staff will move, how families will file complaints or seek help, or who will be accountable when something goes wrong. HHS has no expertise in conducting federal enforcement of compliance with the Individuals with Disabilities Education Act (IDEA), a critical mechanism in ensuring students with disabilities are receiving a free and appropriate public education. 

“Our country has, for five decades, shared a national commitment to educating people with disabilities with the rights and services codified within IDEA. Despite pushback from hundreds of organizations, representing millions of people, listening sessions with families and students, today, the Administration put those rights in jeopardy.” said Dr. Jacqueline Rodriguez, CEO of NCLD. 

“In the name of addressing inefficiency, this Administration has created an even more fragmented and convoluted system for schools, families, caregivers, and adults with learning disabilities to navigate,” said Rodriguez. “Shifting responsibilities across agencies will not simplify federal oversight. It will create confusion, weaken accountability, and make it harder for people with disabilities to understand and access the rights, protections, and supports guaranteed to them under federal law.”

The proposed partnership between OCR and DOJ raises the same concerns. Civil rights complaints involving schools and colleges require a clear understanding of education law and how educational institutions operate. OCR has that experience and works directly with students, families, schools, and colleges to investigate complaints, address violations, and help prevent discrimination.

“These decisions will have lasting consequences for students, families, and public schools,” Rodriguez said. “Moving education civil rights enforcement to the Department of Justice risks bringing a law-enforcement approach into matters that should be addressed through education and civil rights expertise. We cannot allow this agreement to become another step toward the criminalization of our public education system.”

Protecting students with disabilities is not a partisan issue. Congress has repeatedly acted across party lines to defend students’ right to an inclusive, high-quality education. All members of Congress must do so again.

We call on Congress to exercise their constitutional authority and immediately suspend the implementation of these interagency agreements.