Bipartisan Senate Pushback Mounts Against Transferring Special Education to RFK Jr.'s HHS
A bipartisan battle is intensifying in the Senate over the Trump administration’s plan to transition federal special education programs from the Department of Education to the Department of Health and Human Services (HHS), currently led by Robert F. Kennedy Jr.
In a private briefing on July 9, 2026, Education Department officials attempted to reassure the disability rights community that families have nothing to fear. Kelly Rogers, the acting head of the agency's special education division, explicitly stated that HHS is not taking over the Individuals with Disabilities Education Act (IDEA). However, attendees came away with more questions than answers as a department spokeswoman later indicated that employees in the special education division could still be physically "detailed" to HHS.
To counter the administration's administrative maneuvering, Senators Tim Kaine (D-VA) and Bill Cassidy (R-LA), the GOP chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, are advancing a bipartisan measure to block the relocation1.2 They plan to vote on an amendment this month to shield special education programs from shifting to HHS. The measure has garnered positive signals from other Republican committee members, including Susan Collins (R-ME), who argued that IDEA must remain at the Department of Education.
Key Developments
- The July 9 Private Briefing: Acting special education division head Kelly Rogers insisted that HHS "is not taking over IDEA. Period." Yet, the department confirmed that staff could still be physically transferred or detailed to HHS while technically reporting to Education Secretary Linda McMahon, sparking concerns of a "bureaucratic shell game."
- Bipartisan Legislative Block: Senator Tim Kaine expressed confidence that his legislative measure to block the transfer would pass the HELP Committee with Republican support. Committee Chairman Bill Cassidy publicly agreed that special education should not move to HHS, suggesting that the Department of Labor would be a more "natural" fit if programs are shifted.
- Deepening Advocacy Concerns: Disability rights groups remain highly skeptical, citing past controversial statements by RFK Jr. regarding autism and warning that the reorganization will add layers of confusing bureaucracy for families and educators.
"HHS 'is not taking over IDEA. Period. We are not transitioning IDEA and special education to the U.S. Department of Health and Human Services.'" — Kelly Rogers, Acting Special Ed Division Head, quoted in USA TODAY, July 11, 2026
"I've said from the very beginning of this administration there are two programs that I think must stay at the Department of Education: Title I and IDEA." — Senator Susan Collins (R-ME), quoted in USA TODAY, July 11, 2026
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An instance of Unilateral executive branch restructurings dissolve the moment they face bipartisan legislative blockades. — A bipartisan Senate coalition is acting to legally protect special education programs from being dissolved or relocated via executive reorganizations. ↩︎
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An instance of Bipartisan legislative coalitions are the final defensive buffer against unilateral department closures. — Bipartisan, committee-level coalitions represent the final institutional checkpoint capable of blocking the administration's executive efforts to dissolve and reallocate department offices. ↩︎