For Immediate Release: June 16, 2026
Contact: Jess Davidson, jdavidson@aapd.com; 202-465-5528
WASHINGTON, DC — The American Association of People with Disabilities (AAPD) strongly condemns today’s announcement by Secretary of Education Linda McMahon that the Office of Special Education and Rehabilitative Services (OSERS) and the Office of Civil Rights (OCR) will be moved out of the Department of Education. The Department of Health and Human Services (HHS) will now administer OSERS, and the Department of Justice (DOJ) will now oversee civil rights complaints related to federally funded education programs.
These interagency agreements are the latest developments in the ongoing and unlawful dismantling of the Department of Education (ED) initiated by the Trump administration. Late last year, ED announced that the Office of Elementary and Secondary Education would be transferred to the Department of Labor. According to federal law, these programs are required to be part of the Department of Education, and only Congress has the authority to transfer them to another department.
“Moving OSERS and OCR out of the Department of Education re-segregates disabled students: it reduces opportunities for students with disabilities and their families and adopts a medical model of disability. It treats disability like a ‘problem’ that needs to be ‘cured’ and addressed in separate, specialized settings instead of following the civil rights and inclusive education approach that entitles all students to a free and appropriate public education as outlined in the Individuals with Disabilities Education Act (IDEA),” said Maria Town, President and CEO of AAPD.
“Last year, we marked 50 years of the IDEA. Before IDEA and the Department of Education’s work to make the promise of integrated, accessible education real, children with disabilities were educated at home or within medical, institutional settings. We cannot go back to the segregation and discrimination of pre-IDEA America — a time that many in our community still have painful memories of,” Town continued.
“Moreover, the transfer of OCR to an already understaffed Department of Justice puts the educational civil rights of all of America’s students at risk at a time when we know students with disabilities are confronting discrimination with even fewer resources to enforce their rights, prevent advocate for their accommodations, stop bullying, prevent harassment, or fight back against dangerous seclusion and restraint practices.” Town concluded.
The Office of Special Education and Rehabilitative Services, or OSERS, is critical to ensuring that students with disabilities receive a free and appropriate public education. The department provides oversight, enforcement, programming, and technical support to help disabled students maximize their potential. This move weakens the expertise of education professionals and jeopardizes the future of all of America’s students, including over 7.5 million students with disabilities.
The Office for Civil Rights, or OCR, plays an essential role in enforcing the civil rights of all of America’s students in both K-12 and higher education, and ensuring that students can access educational opportunities free from discrimination based on race, sex, gender identity, sexual orientation, or religion. In addition, OCR acts as the investigatory and enforcement agent of student privacy rights and the protection of their educational records under the Family Educational Rights and Privacy Act (FERPA).
Join AAPD in urging Congress to act immediately to stop this change and prevent the dismantling of the Department of Education. We call on the administration to reconsider this harmful move and protect the rights of students with disabilities to receive an inclusive, high-quality public education.