Recent discussions about reducing or eliminating the United States Department of Education have caused many parents of children with disabilities to ask an important question: What happens to special education if the Department of Education goes away?
The short answer is that special education would not disappear overnight. However, major changes to federal oversight and enforcement could affect how schools implement special education laws and how families enforce their rights.
IDEA Is Federal Law
The Individuals with Disabilities Education Act (“IDEA”) is a federal law enacted by Congress. IDEA requires public schools to provide eligible students with disabilities a free appropriate public education and related services designed to meet their unique needs. IDEA also establishes the Individualized Education Program (“IEP”), the legally binding plan that outlines a student’s special education services, accommodations, and educational goals.
Because Congress created IDEA, a President cannot eliminate the law simply by closing or restructuring the Department of Education. Congress would have to amend or repeal IDEA before students would lose those legal protections. In other words, eliminating the Department of Education would not automatically eliminate IDEA or existing IEPs.
Would Existing IEPs Still Be Valid?
Yes. A student’s IEP would not automatically become invalid because of changes to the Department of Education. School districts will continue to have legal obligations under IDEA unless Congress changed the law.
Students who currently receive special education services would generally continue receiving those services. Schools would still have responsibilities to evaluate students, hold IEP meetings, provide accommodations, and deliver special education instruction required by law.
What Could Change?
While IDEA would remain in place, the Department of Education currently plays a significant role in administering and enforcing the law.
The Department of Education distributes federal IDEA funding to states. It also provides guidance to schools, monitors state compliance, investigates complaints, and enforces disability related civil rights protections. If those responsibilities moved to another federal agency or are reduced, families could experience changes in how complaints are investigated, how states are monitored, and how quickly federal guidance is issued.
States could end up exercising more discretion in how they administer special education programs. Because states already implement IDEA differently, reduced federal oversight could lead to greater variation from state to state.
What About Section 504 Plans?
Section 504 is also a federal law. Like IDEA, it would remain in effect unless Congress amended or repealed it.
However, the Department of Education’s Office for Civil Rights currently investigates many disability discrimination complaints involving schools. Changes to that enforcement structure could affect how quickly complaints are processed and how disability rights laws are enforced.
What Should Parents Do?
At this point, families should not assume that their child’s special education services are going away. Parents should continue attending IEP meetings, monitoring their child’s progress, requesting evaluations when appropriate, and advocating for necessary services. Existing federal laws remain in effect unless Congress changes them.
Families should also stay informed about developments involving the Department of Education and consult experienced special education advocates or attorneys if they have concerns about their child’s rights.
The Bottom Line
Discussions about eliminating or restructuring the Department of Education have created uncertainty for many families. However, it is important to understand that the Department of Education and IDEA are not the same thing.
A child does not lose an IEP simply because the federal government reorganizes an agency. IDEA remains federal law, and students with disabilities continue to have legal rights and protections under that law.
For families of children with disabilities, the most important step is to remain informed, stay engaged in the special education process, and continue advocating for the services and supports their children need to succeed.
If you are interested in learning more about options to protect you and your loved ones, please call us to schedule an appointment. (410) 988-3973. www.TheCoxLawGroup.com
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This blog post is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult an attorney licensed in your jurisdiction.