By Marion M. Walsh

On March 20, 2025, President Trump signed an executive order to dismantle the U.S. Department of Education (“ED”). ED distributes $15 billion to support students with disabilities, to states every year and oversees everything from early intervention for young children with disabilities to vocational rehabilitation, in addition to ensuring that the civil rights of students with disabilities are protected.

Abolishing the Department of Education has been a longstanding goal of the administration. Project 2025, published in 2023, outlines the plans for dismantling ED and streamlining other government agencies. Many are concerned about the federal government’s ability to ensure schools uphold disability rights after the dismantling and cuts.

What does the Department of Education Do Now?

Congress established the U.S. Department of Education (ED) on May 4, 1980, in the Department of Education Organization Act (Public Law 96-88 of October 1979). Under this law, ED’s mission strengthens the federal commitment to assuring access to equal educational opportunity for every individual to improve the quality of education for all. According to its proponents, the Department of Education has a critical role in enforcing federal statutes prohibiting discrimination and ensuring every student has access to an education.

The Department of Education is comprised of at least 17 offices, including the Office for Civil Rights (OCR), the Office of Elementary and Secondary Education, the Office of Special Education and Rehabilitative Services (OSERS) and many more. OSERS develops and implements policy and legislation that directly impacts individuals with disabilities and their families. It also plays a critical role in monitoring these laws and regulations and to improve results and outcomes for people with disabilities of all ages. The Office of Special Education Programs (OSEP), part of OSERS, provides funding and assists states with implementation of the Individuals with Disabilities Education Act (IDEA). OSEP issues hundreds of Policy Letters on critical issues, which provide information, guidance and clarification regarding implementation of IDEA.  

When will the Elimination take Place?

The President does not have authority to terminate ED. The executive order urges Congress to terminate the ED and Congress has already proposed a Bill to dismantle the Department by December 2026.

Has the Dismantling Started?

Yes. A significant number of the layoffs have occurred, especially targeting OCR. The Council of Parent Attorneys and Advocates (COPAA), a primary national advocacy group has sued the Education Department, over the recent reduction in force to the OCR’s budget and staff. They are asking the U.S. District Court, District of Columbia, to compel ED to restore OCR’s ability to investigate and process discrimination complaints in a prompt and equitable manner.

Will My Child Lose their IEP?

No. The IDEA still requires every school district to provide a free appropriate public education to each student with a disability and also to identify, locate and evaluate students suspected of having a disability. Eliminating ED will not eliminate this mandate. As to complaints about violations or disagreements, even currently, ED does not enforce IDEA. Parents will still be able to file state complaints or administrative due process complaints, and the same mechanisms currently in place will be there. However, these disputes can be costly.

Will the Restructuring Eliminate Section 504 plans?

No. Section 504 of the Rehabilitation Act of 1973 and the aligned federal regulations remain in effect. However, enforcement will be much more difficult as, unlike under IDEA, there are no aligned state regulations or state complaint procedures for Section 504 claims. OCR, part of ED, currently reviews, investigates and decides complaints of disability discrimination under Section 504 (as well as complaints based on race, color, national origin, sex, and age). The restructuring plan will move OCR to the U.S. Department of Justice, which does not specifically deal with education claims. OCR already faces delays on investigating complaints and this dismantling will increase delays. This move and absence of experienced federal oversight will almost certainly weaken the government’s ability to protect students and will almost certainly leave millions of students vulnerable to discrimination.

Will the End of ED Affect Services, Support or Funding for Services to Students with Disabilities?

Yes. It will have a dramatic impact. OSERS houses nearly two dozen programs, including funding for the Individuals with Disabilities Education Act (IDEA). Advocates have warned that closing the ED could have an significant impact on the nation’s 9.5 million special education students. In a recent release, COPAA has opined that every child with a disability stands to be harmed when federal funding is separated from key federal requirements, when federal oversight of discrimination in education is obliterated, and when investments in education research, technical assistance/training and data collection and transparency in outcomes for children no longer exist.

Funding under IDEA is already insufficient. When Congress passed IDEA in 1975, it committed to providing funding for all special education students equivalent to 40 percent of the nationwide average per-pupil cost of K-12 education, yet funding is well below that. The administration plans to convert IDEA funding into a no-strings formula block grant targeted at students with disabilities and distributed directly to school districts by the U.S. Department of Health and Human Service. What does this mean? A block grant is a grant of a set amount with limited or no strings attached. Districts will have limited oversight from the federal government on the use of these grants. There will also be much less funding for teachers, for training and other programs. According to an analysis by the Center for American Progress, 180,000 teaching positions could be lost, affecting 2.8 million students in low-income communities.

Why is the Administration Dismantling ED?

The administration aims to eliminate or dramatically reduce federal government involvement in education to give full control to states and school districts. The administration also plans to increase the privatization of education by making federal education spending more portable to allow federal tax credits for private schools. For example, Project 2025 has recommended that Congress should revise IDEA to require that some funding be made available to families so parents can choose how and where a child learns. Keep in mind that this small amount will only be a fraction of the tuition for private schools serving students with disabilities. The administration plans the same for Title I funds, but per student, this spending only amounts to no more than $1,400 for a child in a city and approximately $1,300 for a student in a rural area.

Will the Dismantling Affect other Student Rights?

Yes. The aims of Project 2025 are ambitious and the plan to sunset ED will affect all students. Dismantling it may mean defunding programs that feed, educate, and protect our most vulnerable and underserved students, according to educational advocates.

The administration is making legal changes as well. In addition to IDEA and Section 504, the administration will make sweeping changes to Title IX regulations prohibiting sex and gender discrimination and Title VI, prohibiting discrimination based on race, color and national origin. As just one example, under current regulations, school districts deemed to overrepresent minority students in special education eligibility, or in discipline amongst special education students, are tagged by their state as engaging in “significant disproportionality,” and are required to reallocate 15 percent of their IDEA money into addressing this. Project 2025 aims to eliminate these regulations.

What Can I Do?

Become educated through advocacy groups, such as COPAA and review the proposals. If you have objections or concerns, call your Senators and Congressional representative and advocate. It’s a good idea to speak to an experienced education law attorney about specific concerns about your child.

We at Littman Krooks wish everyone a positive school year. If you run into obstacles, it’s a good idea to consult with an attorney who focuses on special education law