By Aurora Dreger
The federal landscape of special education and civil rights enforcement is experiencing an unprecedented structural shift. At the Educating All Learners Alliance (EALA), we believe that policy changes are best understood through the lived experiences and expertise of the individuals navigating them on the ground.
In this installment of our Voices from the Field series, we talked with Robyn Linscott, Director of Education and Family Policy at The Arc. Linscott provides an essential perspective on how moving special education and civil rights oversight out of the Department of Education impacts the daily realities for students with learning differences.
Context: In 2026, federal oversight shifted as the Office of Special Education and Rehabilitative Services (OSERS) transitioned to Health and Human Services (HHS) and the Office for Civil Rights (OCR) moved to the Department of Justice (DOJ). This ongoing interview series explores the real-world impact, systemic challenges, and community opportunities stemming from these structural moves.
Aurora Dreger (EALA): From your vantage point, what does moving special education civil rights oversight out of the Department of Education mean in practice for students and families?
Robyn Linscott (The Arc): That is a really great question, and it’s the question we’ve been trying to answer over the past month. There is still so much unknown, and we [currently have] more questions than answers. Where is the grant funding coming from? Who are state special education directors going to call when they have a question? Who is analyzing all of the annual IDEA data? Who is releasing the annual state determinations – the “report card” for each state that assesses whether they are meeting expectations for IDEA Part B (school-age) and Part C (birth through toddler)?
On paper, the interagency agreement states that the majority of these activities—grant funding, state determinations, and overall monitoring—are moving over to the Department of Health and Human Services (HHS). However, it also states that technical assistance is remaining at OSERS (Office of Special Education and Rehabilitative Services). However, we heard somewhat conflicting statements. First, [it’s been said] that dedicated OSERS staff would move to HHS to perform this work. Yet, [we also heard] that staff would remain at the Department of Education while HHS personnel provided support to OSERS. So, we have a lot of operational questions.
We also have serious concerns about capacity. OSERS is already operating with far fewer staff than at the start of 2025. There is active litigation stating that current staffing limits are insufficient to meet basic statutory obligations under IDEA. Furthermore, offices within HHS have also experienced significant reductions. It is unclear where additional staff support will come from on either side.
EALA: How should families navigate this uncertainty and what practical steps can they take right now?
Linscott: As for what this actually means for families right now is a difficult question to answer definitively. Here is the practical advice The Arc has been sharing with families and educators:
- Brush up on IDEA basics. Before the school year starts, make sure you understand the core rights and provisions guaranteed under IDEA. The Arc offers a curriculum called The Arc at School that walks through these rights in accessible modules.
- Review your child’s IEP. Read it inside and out. If you have questions, reach out to your local Arc chapter or your state’s Parent Training and Information Center (PTI).
- Communicate proactively with school staff. When making initial contact with teachers and service providers at the start of the school year, it is appropriate to share your concerns. Ask how the school is navigating these changes. Acknowledge that while educators and administrators want to do right by their students, living in administrative confusion is challenging for everyone.
EALA: Looking at this from a broader perspective, what does it signify to shift special education oversight from the Department of Education to the Department of Health and Human Services? Does this signal a shift back toward a medical model, or do you anticipate other shifts in perception?
Linscott: Some might view this as merely a logistical change—moving desks or swapping names on a building. However, at The Arc and across the broader disability community, we view it very differently. How society frames disability directly impacts the daily lived experiences of individuals on the ground.
The Arc was founded 75 years ago by parents who refused to institutionalize their children at a time when that was the standard medical advice for a child born with an intellectual disability. Because of that history, we are deeply connected to the legacy of IDEA, which was passed 50 years ago to ensure students are fully included in their communities and schools.
Separating OSERS from the Department of Education sends a message that special education is no longer an education issue centered on providing supports and services for classroom success. Instead, it frames it as a medical issue: “Here is your diagnosis; here is your treatment.”
Furthermore, separating OSERS from the Office of Elementary and Secondary Education (OESE)—which oversees general K-12 education and Title I funding—signals that students with disabilities are separate from general education students. Over the last 50 years, we’ve made significant progress to align major education laws, such as the Every Student Succeeds Act (ESSA) and IDEA, so that they work together cohesively. Pulling on one thread causes the entire structure to unravel.
When you send a signal that students with disabilities belong in a separate category, it lowers expectations. It compromises the push for instruction in the Least Restrictive Environment (LRE) and risks sliding back toward segregation in education. This structural move carries real weight for how students are integrated in the classroom every day.
Dreger: How can the education community ensure that individuals remain seen, heard, protected, and supported during this transition?
Linscott: Congress holds significant power to intervene and ensure that statutory responsibilities remain where intended—at the Department of Education. Even if administrative workarounds are utilized, the intent and spirit of the law are not being honored.
We encourage everyone to put pressure on their members of Congress. Reach out directly and let your representatives know your concerns. Disability rights and special education are historically deeply bipartisan issues. The concern surrounding these shifts spans across political lines. Share personal stories. If you are a parent, educator, or student with a disability, explain what these protections mean for your daily life and what you stand to lose. Personal stories remain one of the most effective advocacy tools. Finally, stay engaged. We cannot assume leaders will not listen. We must make sure our collective voice and concerns are clearly heard at every level of government.
Showing the Path to Possible
At EALA, we remain steadfast in our commitment to non-partisan resource sharing, community collaboration, and amplifying the bright spots and vital perspectives within our network. A special thank you to Robyn Linscott and the team at The Arc for sharing their time and vital insights for this series.
What is your transition story? Every voice matters as we navigate this new chapter together. If you are a parent, practitioner, student, or advocate with thoughts, hopes, or questions regarding the OSERS and OCR structural moves, we want to hear from you.
