Education Department shifts special education oversight to HHS

The Education Department announced last month it will transfer oversight of special education programs to the Department of Health and Human Services. The Justice Department issued guidance in June stating that neither the Americans with Disabilities Act nor Section 504 requires states to provide services in the most integrated setting.

Background on disability policy changes The White House issued an executive order last year directing HHS to reduce barriers to institutionalizing people with mental illnesses. The Supreme Court ruled in 1999 that segregating people with disabilities who can live in the community with supports constitutes discrimination.

Reactions from advocacy groups Selene Almazan, legal director for the Council of Parent Attorneys and Advocates, said the changes represent a direct assault on the rights of people with disabilities. Zoe Gross, director of advocacy at the Autistic Self Advocacy Network, questioned whether HHS leadership would support students with disabilities in developing skills such as writing, paying taxes, and holding jobs.

Claudia Center, legal director at Disability Rights Education and Defense Fund, said the administration's steps reflect a view that government has no obligation to support people with disabilities.