Office of Special Education Programs OSEP

Before 1975, more than a million children with disabilities were excluded from public schools, and many others received little help. The Education for All Handicapped Children Act, signed on November 29, 1975, guaranteed every child with a disability a free appropriate public education. Renamed the Individuals with Disabilities Education Act in 1990, it is administered by the Office of Special Education Programs within the Office of Special Education and Rehabilitative Services.

IDEA requires schools to identify students with disabilities and provide each with an individualized education program, developed with parents, in the least restrictive environment appropriate. Part B grants help states serve about 7.5 million students ages 3 to 21, roughly fifteen percent of public school students, and Part C supports early intervention for infants and toddlers. OSEP distributes the grants, monitors states' compliance, funds training and technical assistance, and resolves disputes over how states carry out the law.

When IDEA passed, Congress promised to pay up to 40 percent of the extra cost of educating students with disabilities, but the federal share has stayed closer to 10 to 13 percent, leaving states and districts to cover the rest. During the fall 2025 government shutdown, the department laid off most of OSEP's staff, a move later reversed, and officials discussed moving special education programs to another department. On June 16, 2026, the department signed an interagency agreement under which HHS supports the administration of special education and rehabilitation programs, while the department says it keeps its legal authority under IDEA. Supporters said programs could be run efficiently elsewhere, while parents, disability advocates, and state officials warned that weaker oversight would jeopardize students' rights.