In response to the recent Executive Order proposing the dismantling of the U.S. Department of Education—and the transfer of the Individuals with Disabilities Education Act (IDEA) to the Department of Health and Human Services—education professionals across the country are raising red flags. At K Altman Law, we are carefully monitoring this development, not from a political standpoint, but from a legal and practical one. Why? Because the implications for students with disabilities—and their families—are enormous.
For nearly five decades, IDEA has guaranteed children with disabilities the right to a free and appropriate public education (FAPE) in the least restrictive environment. Transferring IDEA out of the Department of Education and into a health agency reframes it as a clinical issue instead of an educational one—potentially undermining essential services, funding, and rights.
“When you move IDEA into a healthcare framework, you’re no longer protecting a student’s right to learn alongside their peers—you’re turning a civil right into a clinical category,” says Keith Altman, Founding Partner at K Altman Law. “That shift may jeopardize the ability of families to secure the educational services their children need.”
What’s at Risk?
Though the full details of the executive order remain in flux, here’s what legal advocates and education experts are most concerned about:
- Loss of Specialized Oversight: The U.S. Department of Education’s Office of Special Education Programs (OSEP) has developed decades of legal and procedural expertise. That focus could be lost under HHS.
- Reduction in Accountability: IDEA’s legal safeguards, including due process rights and procedural protections, may be diluted.
- Confusion for Families and Schools: A change in oversight would require schools and parents to navigate a new system—potentially creating delays and disrupting services.
- Impact on Research and Funding: Shifting oversight may reduce investment in data-driven practices and innovations that directly benefit students with disabilities.
“We work with families every day who are already facing overwhelming challenges navigating the IEP process, securing services, and advocating for their children,” adds Taylor Ruiz, Senior Director of Special Education at K Altman Law. “This proposed change only increases the uncertainty—and our job is to bring clarity and strength to families in moments like these.”
What Can Parents Do?
While this issue is still unfolding, parents and educators should take proactive steps:
- Document your child’s current IEP, progress, and services.
- Ask questions now if you see any delay or change in service delivery.
- Know your rights—and stay informed about changes at the federal level.
Most importantly, remember that you don’t have to navigate this alone. K Altman Law has a dedicated team of Special Education advocates and attorneys with extensive experience in ensuring that school districts comply with IDEA. Whether you’re starting the IEP process, advocating for appropriate services, or appealing a denial, we are here to assist you.
Need help understanding how these changes may affect your child’s education? Contact K Altman Law today for a consultation and allow our experienced team to guide you forward.
About K Altman Law
K Altman Law is a national law firm focused on Special Education Advocacy, Student Defense, and Civil Rights. We proudly represent students and families in pursuit of equity, inclusion, and access to quality education.
