“Is Special Education going away?”
“Ugh. There goes my kid’s IEP.”
“What’s with the 504 lawsuit?”
“What’s going to happen in my state?”
These are just a few of the questions and comments we’re hearing from families and teachers these days. There’s a lot of uncertainty right now given the push to close the United States Department of Education (USDE).
Families are worried that their children will lose much needed services. Schools are wondering how they will continue to pay for Special Education services. Educators are trying to stay focused on teaching while also fielding questions from anxious families. It’s a lot!
So much of this is still unknown, but we are committed to sharing the most updated information. Read on or jump right to what families can do and what educators can do.
First, a little background on the Individuals with Disabilities Education Act (IDEA)
IDEA, the law that governs Special Education, is written into federal law. (Read more about IDEA)
This law provides civil rights protections to students with disabilities and ensures that they have access to a Free Appropriate Public Education (FAPE).
The funding for IDEA is sent to state education agencies through formula grants, which are grants based on certain factors like population size and need.
Each state’s Department of Education then sends this money to individual school districts. Districts use it to pay for special education teachers, related service providers, instructional resources, technology and other costs associated with special education.
What is the role of the United States Department of Education (USDE) when it comes to Special Education?
Since 1979, the USDE has been charged with 3 key jobs:
- Distributing federal funding to states
- Providing guidance on how to implement the law
- Holding states accountable for implementing the law
To get IDEA funds, each state has to send yearly reports about how students with disabilities are doing and whether the districts are meeting specific requirements (this is often called compliance).
If states don’t perform well or if they aren’t holding school districts accountable, the USDE requires that they make improvements as a condition of receiving the money.
What’s going to happen to the US Department of Ed?
The current administration has communicated a commitment to transferring the responsibilities of the USDE back to the states. They have suggested they might do this by closing USDE altogether.
But closing the USDE is not as simple as The White House deciding to do it. Congress would have to approve this first.
Another possibility is that the USDE shrinks dramatically to reflect its smaller role. This week, the USDE cut nearly half of their workforce.
What happens if each state is in charge of Special Education?
States already play a role in Special Ed. They have state specific regulations and monitor their districts for compliance. But much of this is currently under the direction of the USDE.
Without the USDE, each state would be able to decide how those funds are used and how students are served.
This would NOT change the protections provided under the IDEA or the funding provided by Congress. It COULD change:
- The way the law is implemented from state to state,
- The way the funding is spent, and
- States’ accountability for the way they spend the funding.
Every state has different education priorities. Some of the things that may look different if individual states are in charge might include:
- Which students qualify for an Individualized Education Plan (IEP)
- What kinds of accommodations or services students can get
- Hiring budgets
- School staffing decisions
What families of Special Ed students can do
- Don’t panic! Nothing has changed yet and we really don’t know how things will go. (We like to panic too. But trust us, it doesn’t actually help)
- Focus on news, not rumors. It’s easy to worry and get swept up in the chatter on social media, but that doesn’t mean it’s all fact.
- Stay in touch with the school and ask questions. Your child’s teachers and school team don’t always know what questions need answers until they’re asked. Your local school districts will be working closely with their state agency in the weeks and months to come. Your questions will drive those discussions even if they can’t answer you right away.
- Get involved! As states start taking more responsibility for the implementation of special education, it’s important that your voices are heard. There are several organizations that advocate at the state level on behalf of people with disabilities.
- In Louisiana, check out the Louisiana Developmental Disabilities Council
- In Massachusetts, check out the Federation for Children with Special Needs and the ARC of Massachusetts.
- For other states, find your local Center for Parent Information and Resources.
- Continue to advocate. You are your child’s best advocate. Partner with the school to make sure they understand your child’s needs.
If you’re struggling, there are processes to resolve disagreements with your child’s IEP team.
- Learn more about the Louisiana dispute resolution process.
- Learn more about the Massachusetts dispute resolution process.
What educators can do
- Be open and transparent with families. Communicate your commitment to meeting the needs of all learners. Don’t wait for them to ask questions.
- Get involved and use your teacher voice! As states start taking more responsibility for the implementation of special education, it’s important that your voices are heard. There are several organizations that advocate at the state level on behalf of people with disabilities.
- In Louisiana, check out the Louisiana Developmental Disabilities Council
- In Massachusetts, check out the Federation for Children with Special Needs and the ARC of Massachusetts.
- For other states, find your local Parent Training and Information Center.
- Share your stories. Reach out to your state and federal representatives to share stories of the impact that public education and Special Ed have had on the students you have served.
Hang in there! We’re going to need each other as we navigate this uncharted territory.
As always, feel free to reach out for support. You can chat, text, or call us (in English or Spanish) by clicking the orange “Live Chat” button at the top of our home page.
We’ll do our best to provide whatever answers we have!
