In the early months of 2025, uncertainty and turmoil over the changes in education have placed school districts and parents in a state of anxiety. This is especially true for parents of students with special needs.
History of IDEA and U.S. Department of Education
Fifty years ago, Congress passed a law mandating that students with disabilities have the right to a free, appropriate public education in the least restrictive environment. Now known as the Individuals with Disabilities Education Act, that law has assisted children all over the country in obtaining a solid education, gainful employment, independence, and the opportunity for post-secondary education.
In 1979, the United States created the Department of Education (DOE), its purpose to ensure equal access to education for all students. Its main function is to distribute federal funding to ensure its mandate is fulfilled.
Current Status
- In early February 2025, the Trump administration killed dozens of contracts for education research and data collection. These contracts supported the Institute of Education Sciences (IES), the independent research arm of the DOE, and funded:
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- the Common Core of Data, the primary database of K-12 public schools
- long-term studies examining educational outcomes
- surveys on school crime
- and a tool that helps educators sift through curriculum research.
- Further cuts negatively impacted all ten regional education laboratories that provided technical assistance to states and school districts.
- Staff cuts to the DOE have eliminated about ninety percent of IES empolyees.
- In March of this year, President Trump’s appointed Education Secretary, Linda McMahon, former president and CEO of World Wrestling Entertainment, Inc., announced she was firing virtually fifty percent of the DOE’s employees.
- The terminations included all of the Office of Special Education Program’s attorneys who provide legal counsel to OSEP staff members.
- Trump on March 20 signed an executive order telling McMahon to “facilitate” the department’s closure, a move that only Congress can approve, and moving its responsibilities to each of the fifty United States.
- This order gave rise to significant concerns since, in the past, states often failed to meet their obligation to students. Larry Wexler, a division direction in the DOE’s special education programs for more than twenty years, voiced his concerns: “Left to their own devices, states historically did not do what was right for kids with disabilities. My fear is, with a diminished emphasis on the requirements, that that will happen again.”
- Trump then announced on March 21, 2025, that he would move the special education services to the Department of Health and Human Services (DHHS), overseen by its new secretary, Robert F. Kennedy, Jr. Secretary Kennedy soon announced that he was firing 10,000 DHHS workers, and uncertainty exists over whether DHHS will have the know-how or the capacity to meet this new responsibility.
- Advocates worry that special education will return to its pre-IDEA isolated status and that the educational needs of students with disabilities will be pigeonholed as merely medical
Legality of These Actions
Legal experts claim the president has no authority to dismantle the Department of Education. Congress created it, and only Congress can terminate it.
Ditto for the Trump administration’s transfer of special education services to the DHHS: Without congressional approval, the administration does not have the authority to move agency offices. Recently, Trump administration officials admitted that this is true.
The Lawsuits
President Trump’s actions form the basis of numerous education lawsuits which have been filed against the Trump administration, more than twenty, in fact. For special education staff and parents, two in particular bear watching:
- Somerville Public Schools v. Trump, McMahon, and the DOE. Seven plaintiffs filed a civil action against President Trump, Secretary McMahon, and the United States Department of Education.
- NAACP v. USA, USDOE, and McMahon. The plaintiffs in the second lawsuit filed to stop the Trump Administration from dismantling the Department of Education. The plaintiffs in that case include the National Association for the Advancement of Colored People (NAACP), public school parents, the National Education Association (NEA), and AFSCME Maryland Council 3. These groups represent millions of educators, civil rights champions, school employees, students, and families.
The basic argument underpinning both of these lawsuits is that Congress created the DOE and only Congress (and not the president) can dismantle it. They warn that the department’s demise will place millions of students at risk, not to mention the jobs of four hundred thousand educators.
What Happens Now?
Concerned parents should contact their legislators and representatives and make their thoughts known. In the meantime, the lawsuits challenging the executive branch’s efforts to eliminate the DOE and move special education to the DHHS are pending before the courts.
If you need assistance with your child’s 504 Plan or IEP or simply have questions, please contact the SGW Law Firm for help at 609-409-3500. One of our experienced attorneys would be happy to speak with you.