A recent report found that most states aren’t fully complying with the Individuals with Disabilities Education Act. This comes as the federal government plans to move oversight of special education programs from the U.S. Department of Education to the Department of Health And Human Services. The findings raise questions for educators, students, and parents about how a change would affect services for millions of children.
Only 20 states met federal requirements for providing services to disabled students, according to the Department of Education’s most recent IDEA determinations. Twenty-six states were rated “needs assistance” and four states and the District of Columbia were rated as “needs intervention.” These classifications show current shortcomings in implementing IDEA’s requirements. Disabled students are supposed to have access to educational services and support.
This report follows the Administration’s efforts to shift special education administration to the Department of Health and Human Services, with Secretary Robert F. Kennedy Jr. overseeing many IDEA duties. People are debating the compliance data; some argue that the results highlight the need for continued educational oversight, while others believe the shift could streamline coordination of health-related services. Many students receive these services.
The Department of Education has monitored state compliance and oversight under IDEA for decades, ensuring children receive individualized education programs, specialized instruction, and related services. This provides a basis for teaching and learning, and a foundation for accountability. Parents use it to learn about their children’s rights and collaborate with schools on support. These protections are essential.
Proponents of the proposed transfer believe that the Department of Health and Human Services could enhance coordination of education and healthcare services, as many disabled students receive therapies and supports that fall under a medical definition. They stress that IDEA’s legal protections would remain the same, regardless of the enforcing agency.
Some question whether the Department of Health and Human Services possesses the same educational knowledge as the Department of Education. They suggest that shifting special education leadership to a health-based agency would create uncertainty for families and schools, especially in places where compliance is difficult. Concerns have also been raised about Kennedy’s public discussions of autism and other disabilities.
Changes in supervision are meaningful to students, many of whom rely on support, including paraprofessionals, nurses, assistive technology, therapy, and special instruction in order to participate in school. I have experienced this first-hand. I utilized services such as classroom accommodations, assistive devices, and physical therapy, which allowed me to fully participate in school from preschool through twelfth grade. This was no coincidence. Without that support, getting an education would have been nearly impossible for me.
Federal guidance is needed to help educators and parents meet complex requirements and provide students with required services. Congress is evaluating the administration’s proposal, and the new compliance report will likely serve as a central reference point in the discussion.
The report’s findings offer a snapshot of how well states are meeting their obligations, and the data will inform both supporters and critics of the proposed agency transfer. In the coming months, the government’s decisions will affect the lives of students and their families. These choices will shape how disabled students and their families can get the help they need in school. They need to know what kind of support they can get when they really need it.
Sources:
“2026 Part C and Part B Determinations Fact Sheet.” U.S. Department of Education, 18 June 2026, https://sites.ed.gov/idea/files/ideafactsheet-determinations-2026.pdf.
Diament, Michelle. “The Ed Department Is Outsourcing Special Education. Here’s What That Means for Students With Disabilities.” Disability Scoop, 25 June 2026, https://www.disabilityscoop.com/2026/06/25/the-ed-department-is-outsourcing-special-education-heres-what-that-means-for-students-with-disabilities/32063/
Diament, Michelle. “Most States Fail To Meet IDEA Requirements, Feds Say.” Disability Scoop, 9 July 2026, https://www.disabilityscoop.com/2026/07/09/most-states-fail-to-meet-idea-requirements-feds-say/32076/.
Wilkes, Mackenzie. “The Growing Fears About Trump’s Plans for Special Education.” Weekly Education, POLITICO, 6 July 2026, https://www.politico.com/newsletters/weekly-education/2026/07/06/the-growing-fears-about-trumps-plans-for-special-education-00987494.