This Q&A is based on the most current information available shared during an April 9, 2025 webinar with Heidi Goldsmith of Bradley Goldsmith Law, a member of LDA’s Professional Advisory Committee.
What Does the Department of Education Do?
The U.S. Department of Education plays a vital role in ensuring that children with disabilities receive the support, services, and legal protections they need to access quality education.
The Department of Education:
- Oversees the Individuals with Disabilities Education Act (IDEA)
- Oversees Section 504 of the Rehabilitation Act of 1973
- Distributes funds for teacher education, research, and grants for students with disabilities
The Department of Education Does NOT:
- Run your state’s curriculum
- Decide the books allowed in your classroom
Who Will Be Responsible for the Duties of the Department of Education?
The executive order closing the Department of Education will shift these responsibilities to the states and to different agencies, like the Department of Health and Human Services (HHS) that have never administered these programs. To what extent the states and the HHS will be able to replicate and do what the Department of Ed does in terms of oversight, enforcement, guidance, and research is unknown at this point in time.
There is a department of education in every state, and to a certain extent, program guidance is being shifted to each state department of education. Historically, there has not been a consistency with this type of guidance, which is why the US Department of Education was created by Congress in 1979.
Currently, the IDEA gives states significant leeway with eligibility criteria and process when evaluating a child for special education. Moving this responsibility to the states may cause timelines, evaluations, and reevaluations to vary.
The IDEA was in Effect Prior to the Establishment of the Department of Education. Is the Department of Education Really Necessary?
The first issue with closing the Department of Education is that the duties of implementing IDEA will be transferred to the Department of Health and Human Services (HHS), which has had no experience in the past 45 years of implementing the IDEA. This may impact the experience and effectiveness of implementing educational programs for students with disabilities due to staffing issues.
The second issue is with staffing, as staff positions in many departments and programs are being cut. Many of these staff members were specialists in the intricacies of education, and these roles will now fall on staff who do not have that expertise. We may see a shift in how IDEA is implemented.
Where am I Able to Submit a Complaint if my Child’s Rights Have Been Violated?
As enforcement of the IDEA shifts to the states, filing a complaint to the Office of Civil Rights (OCR) may not be as effective, due to the major downsizing of OCR staff who are responsible for resolving complaints.
The IDEA requires every state to have a state complaint process, not only for due process, but also where someone from the state would need to come to investigate.
It’s recommended to pursue all avenues for complaints because of the current changes. You are able to file a complaint with both your state complaint process and the OCR. The two quickest routes to getting a case resolved are due process and mediation.
Who Will Enforce IEP Compliance?
The state education department is supposed to provide oversight and guidance for the implementation of IEPs and 504 Plans.
The IDEA and Section 504 still exist, and in each of these documents is your right as a parent to a due process proceeding, your right to mediation, and other alternative dispute resolution mechanisms that may exist in your state. Parents and advocates can also utilize their state’s complaint process.
The Office of Civil Rights is, at this time, still intact, but the staff has decreased significantly, which will likely impact cases being resolved in a timely manner.
What Will Happen With Education Funding?
At this time, it is unknown what will happen to education funding.
This past week, the Department of Education sent a certification form to every school district nationwide, requiring them to affirm that they are not engaging in any Diversity, Equity, and Inclusion (DEI) activities, in accordance with the previously issued executive order.There is already pushback by certain states because diversity, equity, and inclusion is inherent in the IDEA. If the form is not signed, the district will lose all levels of federal funding. Learn more about this certification form from the Department of Education’s website.
Will States Be Able to Dissolve IEPs or 504 Programming, or will they still be protected by the IDEA and 504?
No. Your state is able to provide more rights than federal laws, but it is not able to take away federal rights.
Both the IDEA and Section 504 are civil rights laws that guarantee students with disabilities the right to a free appropriate public education (FAPE). Students who meet criteria for one of 13 qualifying disabilities defined in IDEA are entitled to an IEP that describes the specially designed instruction and related services the student requires. The definition of disability under Section 504 is more broad. Section 504 guarantees students a plan that documents the reasonable accommodations and, for some, related services, a student needs in order to access their education.
