It can be worrisome to hear about the government’s plan to eliminate the Department of Education. It brings up a lot of “what if” questions for parents of students with IEPs and 504s. What if this will make it more difficult for my child to qualify for an IEP? What if my child’s services are reduced because of funding cuts? What if my child’s 504 is not followed and there is no agency available to enforce it? What if my child, who identifies as LGTBQIA, has their civil rights violated? Who will make sure my child still receives a Free Appropriate Public Education (FAPE)?
As an umbrella organization, the U.S. Department of Education (DOE) plays a critical role in holding states accountable for providing services like specialized instruction, speech therapy, occupational therapy, and behavioral support. It ensures that school districts follow IDEA, Section 504 of the Rehabilitation Act (504), and the Americans with Disabilities Act (ADA). The U.S. DOE creates guardrails for state education programs and issues guidance that we rely on daily in our practice. Some proponents of this change have indicated that the U.S, Department of Health and Human Services will take over Federal Education functions. However, today HHS announced that they are cutting 10,000 positions.
Without a federal system in place to oversee education, states will be free to cut education funding, reduce services, and weaken protections, leaving parents to fight even harder for basic accommodations. Not all states will do this of course, but some will. In Maryland (and in most states), without federal enforcement, it will be more difficult to file a federal complaint against a school system for discrimination or with regard to 504 plan violations. Families may have a harder time enforcing the rights children have to accommodations they need and are entitled to under the law.
Without the DOE, states will generally be left to interpret and enforce these laws on their own, with no federal oversight to hold them accountable. This is a direct threat to the progress we have made in securing educational rights for students with disabilities. As the Council of Parent Attorneys and Advocates (COPAA) warns, eliminating the Department of Education would “create chaos, confusion, and harm to the most vulnerable students.” COPAA has also stated that without the Department of Education, “States would be free to decide whether and how to serve students with disabilities, leading to a patchwork of protections that would leave countless children without the services they need.”
This is serious business, and parents should be alarmed. However, if you are a Maryland parent, and your child attends public school with an IEP, Maryland special education laws are quite strong– they typically mirror IDEA and provide the right to appeal within the state system. So for now, IEP protections in Maryland are still there. We don’t expect this to change in the near future. Concerns about section 504 are another matter. In the past, we primarily used the U.S. DOE’s Office for Civil Rights complaint process in these cases. Because the administration has already shut down almost all of the offices that investigate 504 violations, federal civil rights investigations have ground to a halt. While there may be some alternatives within Maryland and within individual districts that want to do the right thing for their students, our primary tool in these cases is effectively no longer available.
As special education attorneys, and the parents of Maryland public school children for whom these laws are relevant, we understand the fear this brings. And we aren’t talking about a small group of children being affected– According to the National Education Association, 15% of students in the U.S. receive special education under IDEA.” Not every one of these children is lucky enough to live in a state that will enforce IDEA, and in Maryland, 504 violations are not easily addressed within the state.
This is why we need the Department of Education.
So, here’s the big question…
If the Department of Education is eliminated, what is the plan for how federal education laws will be enforced in its absence? The National Center for Youth Law (NCYL) and COPAA have demanded answers, stating: “Families deserve to know whether their children’s rights will be upheld, or if they will be left to navigate an education system with no meaningful oversight.” HHS is clearly not going to be the answer. No sufficient answers have been provided, reinforcing concerns that this decision is driven by politics rather than any legitimate effort to improve education.
We are very fortunate to live in the state of Maryland. Our state prioritizes protecting students with disabilities with state law, as well as provides investigatory services through the Maryland Department of Education and appeal rights through the Maryland Office of Administrative Hearings. There are still concerns about 504 enforcement, but at our most optimistic, we wonder if Maryland will find a way to involve itself in this issue that it did not when we could rely on the U.S. DOE.
As a parent of a child with a disability, your role as advocate will become even more crucial to ensuring your child receives a FAPE. You may need to be a louder voice when addressing special education needs.
For more information, please read COPAA’s statements, and consider joining COPAA as a parent member to continue to stay up to date and to support the critical work they do to protect your children:
Reject ED Closure – Do Not Threaten the Lives of Our Children
COPAA Not Confident McMahon Will Uphold Key Education Laws
NCYL & COPAA Demand ED Provide Answers & Transparency
This article is also helpful: https://www.nea.org/nea-today/all-news-articles/how-dismantling-department-education-would-harm-students