AACTE Statement on the Transfer of Special Education, Civil Rights Responsibilities from the U.S. Department of Education  

Statement from AACTE President and CEO Cheryl Holcomb-McCoy, Ph.D. 

(June 23, 2026 – Washington, D.C.) – On behalf of all American educators, students and families, and especially the more than 8 million students with disabilities served by the Individuals with Disabilities Education Act (IDEA), I am strongly opposed to the Administration’s recent announcement to transfer the administration and enforcement of special education programs and educational civil rights protections from the U.S. Department of Education to other federal agencies. 

IDEA is a civil rights law grounded in the doctrine that “separate but equal” is inherently unequal. It guarantees that students with disabilities receive special education and related services in the least restrictive environment tailored to their unique needs and designed to prepare them for further education, employment, and independent living. Moving special education to the Department of Health and Human Services sets us back more than 50 years. Students with disabilities are students first, and their education is not a health condition to be treated. 

Special education belongs within the nation’s education agency because it is fundamentally about teaching, learning, access, and opportunity. Educators, special educators, school counselors, school psychologists, and school leaders possess specialized knowledge developed through rigorous preparation and professional practice. When educational responsibilities are reassigned to agencies with a primary mission that is disconnected from education, educational expertise is diminished, and the profession itself is devalued. 

Make no mistake: these actions will make it harder for children and youth with disabilities to access the services and support they need to succeed. Parents and educators will bear the burden of a fragmented system, while students risk losing access to the coordinated educational expertise that has guided these programs for decades. 

AACTE is equally opposed to transferring civil rights enforcement in education to the Department of Justice. 

The Office for Civil Rights (OCR) within the Department of Education was established following the civil rights movement and the nation’s efforts to dismantle racial segregation and discrimination in the wake of Brown v. Board of Education. For decades, the Office for Civil Rights (OCR) has protected student liberties by ensuring equal access to educational opportunity and enforcing critical federal protections, including Title VI, Title IX, and Section 504. Importantly, OCR’s mission has never been limited to investigating complaints. It has provided guidance, technical assistance, monitoring, and support to schools, colleges, and universities seeking to ensure that all students can learn free from discrimination. This work requires deep expertise in educational systems, disability accommodations, student discipline, language access, campus climate, and teaching and learning. 

The Administration has justified these changes as an effort to reduce federal involvement and return authority to states. In reality, these actions create more bureaucracy, not less. Rather than making it easier for students and families to access the services and protections guaranteed under federal law, stakeholders will now be forced to navigate three federal agencies: the Departments of Education, Health and Human Services, and Justice. 

At a time when schools face educator shortages, literacy challenges, and growing demands for educational excellence, the federal government should strengthen educational and developmental expertise, not disperse it. This is not simply an administrative reorganization. It is a departure from decades of bipartisan recognition that students are best served when educational policy, expertise, and accountability work together. 

AACTE will continue to advocate for policies that value educator expertise, protect student rights, and ensure that every learner can succeed. 

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About AACTE 

Established in 1948, AACTE is the leading voice in educator preparation. AACTE’s member institutions and programs prepare the greatest number of professional educators in the United States and its territories, including teachers, counselors, administrators, and college faculty. These professional educators are prepared for careers in PK-12 classrooms, colleges and universities, state and governmental agencies, policy institutes, and non-profit organizations. Learn more at aacte.org.