Moving Special Education Out of the Education Department Sends the Wrong Message to North Dakota Students
- Jun 17
- 5 min read
For any North Dakota parent who has participated in an IEP meeting, the extensive team required to secure a child's rightful education is familiar: special education teachers, case managers, school psychologists, and advocates all play a part. In the background, the U.S. Department of Education maintains essential regulations that ensure a student's rights remain consistent regardless of their school district.
guidance, and accountability under IDEA. It's the office that helps make sure North Dakota. This week, The Arc of the United States issued a press release responding to the U.S. Department of Education's announcement that it plans to move the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services, and to send the Office for Civil Rights (OCR) to the Department of Justice. OSERS oversees special education funding, guidance, and accountability under the Individuals with Disabilities Education Act (IDEA). OCR is the office families turn to when a school discriminates against a student because of a disability — including denied accommodations, restraint and seclusion, or discriminatory discipline.
Katy Neas, the national CEO of The Arc, offered a direct assessment: students with disabilities do not live their school lives in departmental silos. By dividing special education oversight and civil rights enforcement between agencies not designed for school management, we risk forcing families to hunt for answers rather than providing them with real accountability. As the Executive Director of The Arc of North Dakota, I believe it is vital to examine the local implications of this warning—not just for federal offices, but for all of our school districts across the state.
Why This Isn't Just a Federal Org Chart Problem
It's tempting to read a story like this as bureaucratic reshuffling — boxes moving on a chart in Washington, D.C. But IDEA and civil rights enforcement aren't abstract. They're the legal backbone behind every IEP, every 504 plan, and every complaint a North Dakota family files when a school isn't following through.
IDEA exists because, not that long ago, children with disabilities were turned away from public schools or sent to institutions instead of being educated in their own communities. The law was built specifically inside the education system because special education is, first and foremost, about classrooms, instruction, and belonging — not about diagnosis and treatment. Moving that oversight into a health agency risks doing exactly what disability advocates have spent fifty years pushing back against: treating disability as a medical condition to be managed rather than a natural part of who a student is.
This is a federal-level proposal, and at this point, there's no indication North Dakota's own special education structure is at risk of a similar shift — special education here remains squarely housed within the Department of Public Instruction. But federal oversight still shapes funding, guidance, and accountability for our state system, so The Arc of North Dakota will be keeping a close eye on how this plays out and on any changes in special education and DPI that could follow.
What It Could Mean for North Dakota Students and Families
The professional resources for specialized care in rural North Dakota are already limited. Local families frequently endure long commutes to consult with behavioral health specialists and developmental pediatricians. Introducing an additional federal agency into this framework fails to expand service capacity; instead, it creates a more complex landscape that can easily overwhelm families.
For North Dakota families, this kind of split could mean:
More confusion about where to turn when a school denies services or accommodations, especially for families without an advocate or attorney helping them navigate the system
Longer waits when a student is missing therapies, accessible materials, or behavior supports they're legally owed
Less coordination between the office that funds and oversees special education and the office that investigates civil rights complaints
Uneven outcomes depending on which federal agency picks up which piece of the law, meaning a student's protections could come down to bureaucratic logistics rather than a consistent national standard
For the North Dakota Department of Public Instruction and our school districts, it could mean conflicting federal guidance and slower answers on IDEA and Section 504 questions, at a time when schools need clarity, not more layers between them and the agency that's supposed to support them.
What You Can Do: Ask Senators Hoeven and Cramer to Act
Congress has a constitutional role here, and our own delegation can use it. North Dakota families deserve to hear directly from Senator John Hoeven and Senator Kevin Cramer about where they stand on keeping special education and civil rights oversight inside an agency built to handle schools — not shuffled into agencies that weren't.
If you're a North Dakota parent, educator, self-advocate, or anyone who cares about this, consider reaching out this week:
Senator John Hoeven
Bismarck office: (701) 250-4618
Washington, D.C. office: (202) 224-2551
Senator Kevin Cramer
Bismarck office: (701) 204-0500
Washington, D.C. office: (202) 224-2043
A short, specific message goes a long way. Something like: "I'm a constituent and a [parent/educator/advocate] for a student with a disability. Please ask Congress to keep special education oversight (OSERS/IDEA) and civil rights enforcement (OCR) inside the Department of Education, where they belong, and to exercise oversight over this proposed move."
Frequently Asked Questions
Does this change my child's IEP rights right now? Not yet. IDEA and Section 504 haven't changed as written law. What's at risk is which federal agency oversees and enforces those rights — and a less coordinated system could mean slower answers and more confusion when something goes wrong.
What is OSERS, and why does it matter for North Dakota schools? The Office of Special Education and Rehabilitative Services oversees federal special education funding, and state schools have the resources and direction to serve students with disabilities.
What does the Office for Civil Rights (OCR) actually do for families? OCR investigates disability discrimination in schools — including denied accommodations, harassment, restraint and seclusion, and discriminatory discipline. For many families, it's the main way to get federal enforcement without going to court.
How can I stay updated on this issue? Sign up for The Arc of North Dakota's advocacy email updates, and follow us on Facebook for ongoing coverage of federal and state-level decisions affecting North Dakota students and families with disabilities.
About The Arc of North Dakota
The Arc of North Dakota serves as a dedicated champion for disability rights, leveraging grassroots advocacy to enhance the quality of life for North Dakotans with intellectual and developmental disabilities (IDD). Operating as the statewide arm of The Arc, we amplify the voices of our local chapters within legislative and civil rights arenas at every level of government. In partnership with federal policy experts at The Arc of the United States, we actively shape public policy that impacts our communities. By uniting North Dakota's chapters into a single, powerful collective—and through strategic alliances with statewide advocacy partners—we remain steadfast in our mission to protect fundamental human rights and foster inclusion for individuals with IDD and their families throughout the state.
Comments