The Trump administration is aiming to dismantle the U.S. Department of Education, proposing states self-regulate the education of students with disabilities. This approach raises concerns among educators and parents who fear diminished federal oversight might compromise the rights and services guaranteed under the Individuals with Disabilities Education Act (IDEA). Recently, the administration terminated most staff enforcing IDEA, but a federal judge paused the layoffs following a lawsuit. IDEA guarantees students with disabilities access to a free, quality public education.
The Department of Education’s office ensures state compliance with IDEA and allocates federal funds for students with disabilities such as autism and dyslexia. Despite the court’s intervention, the administration continues its mission to close the federal department, aiming to reduce bureaucracy and increase state control. The Department of Education and the White House have not responded to requests for comment, partly due to a government shutdown.
Historically, Congress has not fully funded special education at the 40% per-pupil cost promised under IDEA, with 2024 funding at just 10.9%. While federal IDEA funding is expected to continue, the absence of federal oversight could leave states struggling to protect students’ rights. Many states lack the resources or willingness to adequately enforce IDEA, with only 19 states meeting federal requirements for serving students with disabilities, according to the latest Department of Education review.
“Shifting all of that to the state and away from the feds is not something we’ve been able to wrap our heads around,” said Quinn Perry, deputy director of the Idaho School Boards Association. Perry expressed concern over the increased compliance workload for state departments already facing budget constraints.
States like Iowa, with new school choice programs directing funds to private tuition, risk neglecting special education in private schools. Rep. Jennifer Konfrst of Iowa worries that without federal oversight, accountability for special education could falter. “There are no provisions with private school vouchers that they have to provide special education,” she said.
Funding gaps
IDEA, enacted 50 years ago, transformed education for children with disabilities. Before IDEA, access depended on location, often leading to denial of education or confinement in inadequate institutions. Currently, around 7.5 million students receive special education under IDEA, making up 15% of public school enrollment.
Public schools must offer a “free appropriate public education” in the least restrictive environment, including services like assistive technology or one-on-one aides. While some supports are low-cost, others, like American Sign Language interpreters, can be expensive. Idaho reports costs exceeding $100,000 annually for some students, highlighting the $82.2 million funding gap in 2023 between available funds and actual expenses.
The federal government covers less than 12% of special education costs nationwide, according to the National Education Association. States and local districts shoulder the rest, with local districts spending an average of $8,160 per special education student annually. In Idaho, the state superintendent prioritized securing $50 million to address the special education funding gap for the upcoming legislative session. “We still have a federal mandate to provide services to these kids,” Perry emphasized.
Rationed services
A 15-month investigation revealed Texas capped special education services at 8.5% of student populations, violating IDEA. The state legislature had recommended this cap to control costs. “Texas had about 5-7% of students who needed special education but were unilaterally denied it because the state decided that was too expensive,” said Lisa Lightner, a special education advocate.
Virginia faced similar scrutiny for not resolving complaints from parents of special education students. The state took corrective actions, including creating a monitoring division, to address these issues. Other states like Indiana, Iowa, Kansas, and Mississippi were cited for inadequate IDEA compliance systems.
States take notice
In response to federal initiatives, some state lawmakers are pursuing legislation, reflecting mixed reactions to the Trump administration’s education policies. Texas Rep. Andy Hopper proposed abolishing the state’s education agency, while Alabama Rep. Barbara Drummond sought to study the impact of federal department dismantling. Both bills stalled in committee.
Education Secretary Linda McMahon’s “Returning Education to the States” tour emphasized the need for state-specific education solutions. “There’s no one-size-fits-all in education,” she stated. Critics like Louisiana Rep. Troy Carter warn that removing federal oversight could undermine civil rights protections for students.
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