What do the Trump administration’s changes to special education mean for kids with disabilities?

The Trump administration recently moved special education programs from the U.S. Department of Education to the Department of Health and Human Services (HHS) and the Department of Justice (DOJ). 

The shift sparked a lot of conversation and questions. So we asked education law expert Janet R. Decker, PhD, JD, a professor at Indiana University Bloomington, to weigh in on the changes. 

Here she answers our readers’ most asked questions about the move of special education — and what it means for kids with disabilities. 

The U.S. Department of Education has been around almost as long as the two main federal disability laws protecting students in public schools — the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. 

The Education Department has played a huge role in overseeing special education and in protecting students from disability-based discrimination in schools. 

The department’s primary responsibilities have been to: 

• Identify educational needs of national significance and propose strategies to address these needs

• Coordinate federal-level education policy

• Fund educational research

• Provide technical and financial assistance to states and local school districts

To close the department altogether requires Congress. But the recent actions of the Trump administration are a step toward the Department of Education existing in name only. The administration has already:

• Made significant cuts to the department’s staff

• Canceled more than $2 billion in grants that had been previously awarded 

• Proposed dramatic future cuts in the budget, though the administration has also proposed an increase to special education fundingopens in a new tab

Given these changes, the department can no longer offer the necessary supports and oversight that it used to provide for students with disabilities.

These changes mean less special education expertise, support, and oversight at the federal level. Splitting roles across multiple agencies often results in:

• Confusion among the federal government staff and the public

• Delays in federal funding reaching states, school districts, schools, and therefore, students

• Conflicting guidance 

• Inefficiencies that mean additional costs for taxpayers

• Lack of uniform implementation of the law across states

The change also means less success with disability-discrimination complaints at the federal level. And less federally funded research and grants focused on solving real-world problems in special education — like how to provide supports to parents, best teach students with disabilities, and fix the teacher shortage.

We could also see more efforts to privatize education. Private schools are legally allowed to deny enrollment to students with disabilities. They are also not required to provide special education and related services. 

Instead of “more power,” states will likely have “more responsibilities and more work to do.” States will have the same power as they had before these administrative changes. But these shifts may overwhelm many already-overburdened states, making it harder for states to get technical assistance, guidance, support, and funding from the federal government. 

This will result in uneven enforcement of the federal civil rights protections that are promised by Section 504 of the Rehabilitation Act, as well as federal entitlements promised by IDEA. 

It’s problematic to give more authority to HHS. Because IDEA is an education law, it is more effectively administered by education experts. These experts are not only knowledgeable about the nuances of IDEA’s many legal requirements, but also understand schools and educators. Most importantly, they understand the many ways that students — who have a wide variety of drastically different disabilities — learn.

There have been long-standing and systemic problems with federal oversight of special education and disability discrimination in public schools. But this shift may result in more problems that will be more damaging to families, students, and schools. 

The previous Department of Education provided guidance, supports, and grants, as well as serving as a legal watchdog. A student in Idaho should be able to receive as effective an education as a student in New Hampshire. A student who has been discriminated against should be able to get help, even if their family cannot afford a lawyer. Teachers from rural schools should be able to have the same support as teachers from suburban schools. 

The Education Department wasn’t perfect. But it served an important purpose with many significant responsibilities that are needed at the federal level for students with disabilities.

IDEA covers eligible students before they are in school. Starting early is key — meet with your local school district and contact your state’s parent resource center to navigate special education and your legal rights.

Yes. But to some extent there will be less oversight to make sure that school districts are upholding the laws, including IDEA and Section 504 of the Rehabilitation Act.

Each state is responsible for providing its assessments and proficiency standards. 

But the Every Student Succeeds Act (ESSA) is a federal law that requires every state to: 

• Administer reading/language arts and math tests every year in grades 3 through 8, and once in high school

• Administer science tests at least once in grades 3–5, 6–9, and 10–12

ESSA also prohibits states from allowing more than 1 percent of students with disabilities to take alternative assessments. But states may request waivers to this cap. 

Yes and no. Families can still appeal school decisions via their state due process complaint and state complaint systems. These rights to appeal at the state level are part of IDEA’s regulations. 

However, families will not have the same ability to file complaints at the federal level. The Education Department’s Office for Civil Rights has merged with the DOJ’s Office for Civil Rights.opens in a new tab The Trump administration has claimed that this will not affect the enforcement of students’ civil rights. But they’ve closed more than half of the regional offices handling these complaints. And the staff handling federal complaints is a shell of what it used to be.

This dismantling of the Department of Education’s Office for Civil Rights is problematic. Families used to be able to secure relief without having to hire an attorney, and systemic issues were addressed. Without more staff focusing on education, it will be harder for families to secure relief for discrimination. Families’ federal complaints have already gone unanswered and the staff that remain are more likely to lack expertise in the practical and legal issues in education. 

The DOJ’s role is broad, but students with disabilities need an agency with special expertise and experience related to disability law in schools. The DOJ lacks the capacity to do more with less. Families have already suffered from massive backlogs in federal disability-discrimination complaints. 

The Department of Education’s Office for Civil Rights did not merely litigate. Much of what they did was work with school districts to create voluntary resolutions. They had the experience, relationships, and systems in place to solve issues that rose specifically in school environments. The DOJ does not have that same institutional focus or education-specific expertise.

Thumbnail image credit: hxdbzxy via Getty Images.