Overview
The U.S. Department of Education is a federal agency that supports state and local education agencies by promoting access to quality education for all students. The Department of Education is responsible for enforcing and implementing federal education laws, such as the Individuals with Disabilities Education Act (IDEA), which guarantees a free appropriate public education (FAPE) to qualified students with disabilities through the Office of Special Education Programs (OSEP). While the federal government provides guidance and funding, much of the decision-making in education happens at the state and local levels. State and local education agencies are responsible for setting curricula, graduation requirements, and teacher certification requirements.
The Department of Education is also responsible for overseeing and distributing funding for Vocational Rehabilitation programs, which provide employment support for individuals with disabilities, through the Rehabilitation Services Administration (RSA). RSA and OSEP make up the Office of Special Education and Rehabilitative Services (OSERS).
Interagency Agreements at the U.S. Department of Education
On June 16, 2026, the Department of Education announced several Interagency Agreements that would transfer responsibility for the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS), and the Office for Civil Rights (OCR) to the Department of Justice (DOJ).
The Department of Education and its staff have the necessary knowledge, experience, and responsibility to ensure students with disabilities have access to specialized instruction, accommodations, and relevant services in schools. Moving the core functions of the Department of Education to another Department or agency could result in severe disruptions in service delivery and quality of education. NDSS opposes any efforts to abolish or otherwise undermine the Department of Education and its work to provide a free appropriate public education free from discrimination to students with Down syndrome and other disabilities.
How YOU Can Advocate for the Department of Education
Use our Action Alert!
Use our Action Alert below to contact your Members of Congress and urge them to protect special education programs at the Department of Education.
Partner Resources
- Why Protecting IDEA and US Department of Education is Essential for Students with Disabilities – National Down Syndrome Congress
- The Department of Education Helps Students with Disabilities. Don’t Let It Disappear – Op-Ed from The Arc President, Katy Neas.
- Fact Sheet: Federal vs. State Roles in Special Education – Council for Exceptional Children
