As President Donald Trump pushes forward with significant changes to the U.S. Department of Education, advocates for children with disabilities are growing increasingly worried about the department’s ability to fulfill its obligations. These changes have left many parents feeling uncertain and fearful about the future of special education services.
Disability advocates have described the situation as one of “chaos” and “uncertainty,” raising alarms about both proposed changes within special education and the broader impact of the department’s restructuring. They are particularly concerned about whether the agency can still meet its legal responsibilities to students with disabilities, including guarantees set out by Congress.
“It’s been just a few weeks since these changes began, and while we haven’t seen their full effects yet, we are already hearing from parents who are really scared,” said Robyn Linscott, director of education and family policy at The Arc of the United States. The Arc is a leading advocacy group for people with intellectual and developmental disabilities.
One of the department’s key responsibilities is ensuring a free and appropriate public education for students with disabilities through the Individuals with Disabilities Education Act (IDEA). This act, first enacted in 1975 and renamed in 1990, mandates that children with disabilities receive special education services and protections. The department is also responsible for enforcing Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs that receive federal funding.
IDEA has played a critical role in increasing access to education for students with disabilities. Prior to the law, many children with disabilities were excluded from public schools. In fact, in 1970, only one in five children with disabilities attended school. As of the 2022-2023 school year, 15% of all public school students in the U.S. received services under IDEA. In fiscal year 2024, the federal government allocated $15.4 billion for IDEA.
In addition to IDEA, Section 504 of the Rehabilitation Act ensures that individuals with disabilities are not excluded from federally funded programs solely because of their disability.
Department of Education Restructuring Raises Concerns
In March, President Trump signed an executive order directing Education Secretary Linda McMahon to take steps to “close” the Department of Education as much as the law allows. This move, along with plans to reduce the department’s workforce by more than 1,300 employees, has raised serious concerns about the department’s ability to carry out its core functions.
Among the biggest concerns is the potential impact on the Office for Civil Rights (OCR), which investigates complaints of discrimination, including those related to disability. Linscott and other advocates have expressed fear that reductions in OCR’s staffing and resources could delay or impede investigations into disability-based discrimination.
Parents of children with disabilities are asking tough questions. “Will my child still have access to an Individualized Education Program (IEP)? Will states still be required to comply with IDEA? And what happens to my pending discrimination complaint with the OCR?” Linscott explained.
Proposals to Move Special Education Services to HHS
Adding to the uncertainty, Trump announced in March that the U.S. Department of Health and Human Services (HHS) would assume responsibility for special education services. Disability advocates are deeply concerned about this proposal, questioning both the logistics of such a move and its legality.
While little detail has been provided, HHS Secretary Robert F. Kennedy Jr. assured the public via social media that the department is prepared to take on the responsibility. However, HHS is undergoing its own restructuring, including plans to lay off 10,000 workers, which has led many to question whether the department can effectively manage special education services.
Linscott voiced concerns about the broader implications of separating special education services from the general education system. “What does this mean for how we view the education of students with disabilities, and how does this affect the country’s approach to disability?” she asked.
Jennifer Coco, interim executive director of the Center for Learner Equity, criticized the idea of transferring special education to a health department. “It further pathologizes disability, treating 15% of public school students as if they are medical issues,” Coco said. “These students are not medical cases; they are students who learn differently and, with the right support, can learn at the same level as their peers.”
The Need for Congressional Approval
If the proposed move of special education services to HHS were to proceed, it would require an act of Congress, a significant hurdle given the current political climate. The proposal would need at least 60 votes in the Senate to break a filibuster, a challenge in light of the Republican Party’s narrow majority.
The Department of Education has stated that no action has been taken yet to move federal programs out of the agency. Madi Biedermann, a spokesperson for the department, emphasized that any changes to the department would be made in collaboration with Congress and other stakeholders to ensure that all required programs are managed appropriately.
“The process of sunsetting the Department of Education will involve careful consideration to ensure that all programs are managed responsibly and in the best interests of students and families,” Biedermann said.
