The Ground Is Shifting at the U.S. Department of Education — What It Means for Your Child with a Disability

By Robyn Painter, Education Attorney | Painter Legal, LLC

If you are a parent of a child with a disability, the last month has brought a wave of announcements from the U.S. Department of Education that deserve your attention. The administration is making structural changes to how federal disability protections are administered and enforced — and while officials say these changes are designed to help families, the practical reality is more complicated.

I want to break this down clearly so you understand what has changed, what hasn't, and what it means for your family.

What Just Happened

On June 16, 2026, Secretary of Education Linda McMahon issued a letter to parents of children with disabilities announcing two significant structural changes:

1. OSERS is being moved closer to the Department of Health and Human Services (HHS).

The Office of Special Education and Rehabilitative Services — the office that administers IDEA funding and oversees special education programs nationwide — is being aligned with HHS. The stated goal is to "break down bureaucratic barriers" and improve coordination of resources.

2. The Office for Civil Rights (OCR) is being paired with the Department of Justice (DOJ) for enforcement.

The OCR, which investigates complaints from parents whose children's civil rights have been violated at school, will now "combine expertise and capacity" with DOJ to handle those complaints.

On June 24, the Department also approved Vermont's "Returning Education to the States" waiver — the fourth state to receive such a waiver — giving state officials greater discretion over how they spend federal education dollars. Similar waivers have been granted to Iowa, Louisiana, and Indiana, consolidating more than $80 million in federal funds across those states.

What the Administration Says

Secretary McMahon's letter offers parents some reassurances:

• IDEA will continue to exist and IDEA funds will still flow to states.

• The Department has proposed a budget increase of more than half a billion dollars for special education in FY2027.

• OCR and OSERS will maintain their independent statutory functions.

• A new $144 million boost for IDEA programs was announced last month.

I want to be fair: these commitments matter. Secretary McMahon also acknowledged something I hear from families every day — "it should not require herculean effort to obtain what the law guarantees." She's right about that.

But assurances in a letter are not the same as a functioning system. And as someone who spent years at OCR before founding this firm, I have real concerns about what these changes mean on the ground.

Why I'm Concerned — And You Should Be Too

Moving IDEA closer to HHS risks medicalizing disability.

IDEA is an education law. It was designed that way on purpose. It guarantees your child a free appropriate public education in the least restrictive environment — not a medical treatment plan, not a health intervention. When the administration of IDEA becomes entangled with a department whose primary lens is medical and social services, there is a risk that the educational nature of your child's rights gets diluted.

This is not a hypothetical. I've seen it in practice: when disability is framed as a health problem to be managed rather than an educational barrier to be removed, schools start making very different decisions about what services your child need, and may that services that children need for access is something that is not within the scope of a FAPE.

The OCR enforcement landscape is changing — and capacity matters.

The OCR has already faced significant staffing reductions in 2025. Now its work is being restructured into a partnership with DOJ. DOJ is a powerful partner, and in theory this could strengthen enforcement. But it also means a different process, a different chain of review, and a different institutional culture handling your complaint.

For families who have been through OCR investigations, you know how long they take even under ideal conditions. A restructured system — however well-intentioned — takes

Attorney Robyn Painter during her years at U.S. Department of Education, Office for Civil Rights

time to establish new procedures and workflows. During that transition, families filing complaints are navigating uncertainty. Many cases are already currently on hold and my sources tell me that currently individual case investigators may have fifty or more investigations on their caseloads. This is not going to get better in the short-term, or even in the medium term, as the current administration plays bureaucratic shuffleboard with key educational enforcement functions.

"Returning education to the states" means protection may vary by where you live.

Federal law sets a floor for your child's rights — IDEA, Section 504, and the ADA apply everywhere. But when states gain more discretion over how they spend federal education dollars, the quality and robustness of services above that floor can diverge dramatically from state to state and district to district.

Here in Georgia, parents were already fighting hard before these changes. These shifts do not make that fight easier.

What Has NOT Changed

I want to be absolutely clear about something: your child's rights under federal law remain intact.

• IDEA still requires a free appropriate public education (FAPE) in the least restrictive environment (LRE).

• Section 504 of the Rehabilitation Act still prohibits disability discrimination in schools receiving federal funds.

• The ADA still applies.

• Your child's right to an IEP, to procedural safeguards, to prior written notice, to dispute these decisions through due process — all of that is still the law.

The laws have not changed. The systems for enforcing them are in transition.

Why This Is Exactly the Moment to Have an Attorney in Your Corner

I founded Painter Legal because families of children with disabilities should not have to navigate this system alone. That was true before these changes. It is even more true now.

When federal enforcement structures are in flux, parents who understand their rights — and who have someone in their corner who can hold schools accountable — are the ones who secure appropriate services for their children. Parents who wait for the system to sort itself out often find their child has lost months or years of critical educational programming in the meantime.

Here is what I am seeing right now in my practice: schools are not sitting still during this transition. Some are using this period of uncertainty to deny services, slow-walk evaluations, or offer inadequate IEPs — banking on the fact that parents don't know where to turn.

Don't let that happen to your child.

What You Should Do Right Now

1. Review your child's current IEP or 504 Plan. Make sure it reflects your child's actual current needs, not last year's snapshot.

2. Pay attention to timelines. Schools are still required to meet every IDEA deadline — evaluations, IEP meetings, prior written notice. These obligations have not been suspended.

3. Document everything. Emails, meeting notes, phone calls — keep a record. If you ever need to file a complaint or go to due process, your documentation is your foundation. Often, school staff will call you and avoid written documentation. You can easily solve this problem by taking the call and following up after the call with an email to that person detailing what was discussed.

4. If something feels wrong, act quickly. Don't wait for the federal enforcement landscape to stabilize before raising a concern. Procedural rights under IDEA have short timelines, and delays can cost you options.

5. Consider a legal consultation. Even a single consultation can help you understand where your child stands and what your next steps should be.

   
   

Final Thoughts

Secretary McMahon acknowledged in her June letter that parents have been "fighting tooth and nail" for services that the law already guarantees. She's heard you. But hearing isn't the same as fixing — especially when the systems parents rely on are being restructured at the same time.

Your child deserves more than reassurances. They deserve someone who will hold the school — and the system — accountable to the law.

That's what we do at Painter Legal.

Contact Painter Legal, LLC

If you have questions about your child's rights under IDEA, Section 504, or the ADA — or if you're concerned that the current changes at the Department of Education are affecting your child's services — we're here to help.

👉 Schedule a consultation 👉 Or contact us directly at hello@painterlegal.com

We serve families in the greater Atlanta, Athens, and Macon areas. We also take select cases in other parts of Georgia.

DISCLAIMER: The materials in this blog post are for informational purposes only and do not constitute legal advice. Reading this post does not create an attorney-client relationship. Please consult with a qualified education attorney regarding your specific situation.