The Trump Administration is carrying out its promise to try to dismantle the United States Department of Education (ED). Founded on October 17, 1979, under President Jimmy Carter, the department has faced criticism by primarily conservatives since its inception. Now, under the leadership of Linda McMahon, the goal is to slowly shut it down and either terminate its programming or reallocate certain programs to other federal departments.
Children with disabilities are one of the most vulnerable populations that will be affected by the closing of the ED. Funding from the federal government to assist this group of children is essential in order for them to receive the kind of intervention and assistance they need while attending school. Oversight and enforcement of two key laws and policies enforced by the ED are at risk.
The first law is the Individuals with Disabilities Education Act (IDEA). It is a key federal law enforced by the Department of Education that “makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children,” as stated on their website. Both the distribution and enforcement of IDEA are crucial for the law to succeed. McMahon has stated that IDEA will stay in place even if the ED is dissolved but “but perhaps the task of implementing it could move to another federal department – perhaps the Department of Health and Human Services.” (NPR.org, 3/7/2025)
The second is Section 504 of the Rehabilitation Act of 1973. This “protects the rights of persons with handicaps in programs and activities that receive Federal financial assistance. Section 504 protects the rights not only of individuals with visible disabilities but also those with disabilities that may not be apparent.” (https://www.ed.gov/laws-and-policy/individuals-disabilities/section-504/hidden-disabilities) According to the website, persons with handicaps are defined as someone who has a physical or mental impairment which substantially limits one or more major life activities.
Today, more than 7.5 million students in the US, which is approximately 15%, have an Individualized Education Plan (IEP), which is a legally binding document that any school receiving federal funding must accommodate. As most parents of children with special needs are aware, adherence to and reevaluation of the IEP is often a point of contention between school districts and parents. Currently, the ED is one agency that helps resolve disputes. If the ED no longer serves that role, it is as of yet unclear where parents can turn for prompt and effective recourse without resorting to the courts — an expensive and time-consuming option.
The long-term effects of closing the ED for students with disabilities could be catastrophic. First, the stress on state departments of education is already substantial. Adding to their plate without substantial additional funding could be crippling to state-level agencies. Second, many parents and caregivers don’t have the choice to send their children to a private or choice school that could better accommodate their child with special needs, therefore public schooling is their only option. Third, there is the lack of funding, security, and growth for future teachers to go into the field of Special Education. Why would a potential educator want to go into a field where their own salary couldn’t be secured year to year due to lack of funding?
Any formal closure of the ED would require an Act of Congress, and it is not clear if President Trump has the votes to do so. However, he has already begun the process of dismantling of the ED, firing about half its staff and eviscerating certain divisions like the Office of Civil Rights. It would not be beyond his power to cause a collapse of the ED with the simple removal of all its resources. Special education advocates hold out hope that the legislative and judicial branches of the government do not allow this to happen.
