A Major Shift in Special Education Oversight Underway
The Trump administration is reportedly considering a significant change: moving the federal function of special education out of the U.S. Department of Education (ED). This potential transfer is sparking widespread worry about how it might affect the continuity of services and compliance with the critical Individuals with Disabilities Education Act (IDEA).
A spokesperson for the ED has confirmed that the agency is actively exploring new partnerships with other federal departments to support special education programs. While discussions are ongoing and no official agreements have been finalized, the implications of such a move are profound.
ED Confirms Discussions Amidst Department Restructuring
According to reports, a deputy assistant secretary for communications at the ED stated via email that any transition would be managed to ensure there is no interruption or negative impact on students with disabilities. She also reiterated Education Secretary Linda McMahon’s commitment to safeguarding federal funding allocated for these students.
However, this assurance comes with a caveat. It has been confirmed that Secretary McMahon’s broader objective is to ‘shut down the Department of Education and return education to the states.’ The administration has pointed to the U.S. Department of Health and Human Services (HHS) as a potential new home for special education oversight.
Mass Layoffs Deepen Uncertainty Within the Department of Education
The internal restructuring within the ED has already begun to accelerate. On October 10th, during a federal government shutdown, approximately 121 employees from the Office of Special Education and Rehabilitative Services (OSERS) were dismissed, alongside many others who were furloughed. Across the entire ED, around 465 staff members were let go, impacting personnel in crucial areas like the Office of Elementary and Secondary Education and the Office for Civil Rights.
Reports indicate that the total number of federal employees expected to be laid off across 30 agencies exceeded 4,000. Following these events, a federal judge intervened on October 15th, ordering the Trump administration to halt any further mass dismissals.
Concerns Mount Over Compliance with Federal Special Education Law
Experts and various advocacy groups are vocal about their concerns regarding the potential consequences of removing federal special education oversight. David Bateman, a prominent researcher and professor emeritus, has warned that a lack of federal guidance could lead to a cascade of problems, including procedural errors, significant delays in service provision, and critical gaps in data collection.
During a recent webinar, Bateman emphasized that despite ongoing administrative changes, schools and states remain legally bound to comply with IDEA. He stressed that the regulations for IDEA and Section 504 are still law, urging school leaders to communicate this clearly to their teachers.
Advocates Raise Alarms About Future Oversight and Support
Public school and disability advocacy organizations have collectively cautioned that without direct federal oversight, the responsibility and associated burdens of complying with IDEA will largely fall onto states and local districts. They argue that this decentralization could result in inconsistent service delivery nationwide and place an unbearable administrative strain on educators.
As the Trump administration continues its pursuit of reducing federal oversight and shifting control to states, the future governance and stability of special education remain a significant source of apprehension for many stakeholders.