What does the Department of Education do for special education?

The U.S. Department of Education has been in charge of special education at the federal level since 1979. Learn about what it does — and doesn’t — do for your child.

By Gail Belsky

Expert reviewed by Christopher D. Thomas, JD, PhD

Published April 3, 2025

If you have a child with an IEP or a 504 plan or are thinking of having your child evaluated for services, you may be wondering what the U.S. Department of Education does when it comes to special education.

The department has been in charge of special education since it was created by Congress in 1979. One of its key roles is to ensure that students with disabilities get services to meet their unique needs.

Like many other agencies, the department is undergoing massive changes. President Trump signed an executive order that directs Secretary of Education Linda McMahon to get ready to shut the agency. But only Congress can close the department. 

So, for now, the agency is still in charge of special education at the federal level.

What is the U.S. Department of Education?

The department is part of the executive branch of the federal government. It’s a cabinet-level agency, like the Department of Defense and the Department of Justice. It includes the Office of Special Education and Rehabilitative Services (OSER) and the Office for Civil Rights (OCR).

The U.S. Department of Education is charged with carrying out federal education laws. This includes:

  • Special education 

  • Funding for low-income schools

  • Student federal loans

What the U.S. Department of Education doesn’t do

Most of what happens in a student’s education happens at the state or local levels, without the department being involved. 

Some people believe the department influences curricula. But by law, the agency isn’t allowed to decide what is taught — or how. That’s the responsibility of states and local districts.

How the department oversees special education

Congress gave the department specific responsibilities for special education. Among other things, the agency:

When it comes to special education, here are some things the department doesn’t do:

  • It doesn’t create Individualized Education Programs (IEPs). Schools create IEPs to meet students’ needs. The department only helps enforce IEPs.

  • It doesn’t choose students for special education services. But IDEA does set eligibility rules for schools to follow.

  • It doesn’t direct a student’s individualized instruction. Again, decisions about instruction happen at the state and local levels. 

How the department protects students’ rights

The department enforces two laws that protect students with disabilities: IDEA and Section 504. It does that through its Office for Civil Rights (OCR).

Both laws are designed to give students with disabilities the same educational opportunities as other students. They’re both responsible for providing what’s called “free appropriate public education,” or FAPE. But they do it in different ways.

IDEA existed before the department was established. (It was overseen by the Department of Health, Education, and Welfare, now the Department of Health and Human Services.) But in creating the Department of Education, Congress put it in charge of the law.

IDEA says schools must provide services to meet the unique needs of students with disabilities. The goal is to enable them to learn along with their peers as much as possible. (This concept is called “least restrictive environment.”)

Section 504 is a civil rights law that protects students with disabilities from discrimination. Schools need to provide supports — like accommodations — to give students equal access to learning as their peers. 

Congress set up OCR to investigate possible violations of these laws. Parents can file a complaint with the OCR within 180 days of the school’s violation that might lead to an investigation. You can get instructions for how to file on OCR’s website. (You can also check with your state’s department of education about how to file a complaint with the state.)

OCR has been greatly affected by the changes at the department. It still exists. But most of the attorneys who did these investigations have been laid off. And seven out of 12 OCR field offices have closed. 

The future of the department is unclear.  The Secretary of Education would like to move its functions to other agencies. But for now, the department is still in charge of the federal government’s oversight of special education. 

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Summary

The U.S. Department of Education is an agency in the executive branch, like the Department of Defense. Congress put the Department of Education in charge of running special education at the federal level in 1979. 

The department is responsible for upholding the Individuals with Disabilities in Education Act (IDEA). This law gives students with disabilities the right to a “free appropriate public education,” or FAPE.

The education department performs a number of functions when it comes to special education. They include:

  • Sending federal funds to the states to use on special education programs. (Congress sets the amount of money available.)

  • Enforcing the regulations of IDEA, which requires schools to provide special education services to eligible students.

  • Advising states and school districts on how to comply with IDEA. 

  • Investigating complaints of violations.

The department is going through massive changes. The Secretary of Education is working towards having it shut down. But Congress would need to approve that. So for now, the agency continues to oversee special education in the United States.

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