by Shauneen Miranda, Kentucky Lantern
April 4, 2025

WASHINGTON — As President Donald Trump takes drastic steps to dismantle the U.S. Department of Education, disability advocates are worried about whether the agency can carry out its responsibilities to serve students with disabilities.

Representatives of several disability advocacy groups cited “chaos,” “fear” and “uncertainty” in describing the situation to States Newsroom. They said there’s a lack of clarity about both proposed changes within the realm of special education services and the impact overall of sweeping shifts at the agency, calling into question whether the department can deliver on its congressionally mandated guarantees for students with disabilities.

“It’s only been a few weeks since these things started happening, so I don’t think we’re seeing any of the effects trickle down right now, but we do have parents reaching out to us, calling and feeling really scared,” said Robyn Linscott, director of education and family policy at The Arc of the United States, an advocacy group for people with intellectual and developmental disabilities.

Among the department’s chief responsibilities is guaranteeing a free public education for students with disabilities through the Individuals with Disabilities Education Act, or IDEA, and enforcing Section 504 of the Rehabilitation Act of 1973, part of which bars programs and activities receiving federal funding from discrimination on the basis of disability.

The Individuals with Disabilities Education Act was enacted in 1975 under a different title and later renamed in 1990.

IDEA “governs how states and public agencies provide early intervention, special education, and related services” to students with disabilities, per the department.

The department notes that before the 1975 law, “many children were denied access to education and opportunities to learn” and in 1970, “U.S. schools educated only one in five children with disabilities.” 

According to the National Center for Education Statistics, 15% of all public school students in the country received services through IDEA during the 2022-2023 school year.

In fiscal year 2024, $15.4 billion was appropriated for IDEA.

Section 504 of the Rehabilitation Act of 1973 states that: “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Closing the department

Trump signed an executive order in March that called on Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure” of the agency to the maximum extent she’s permitted to by law.

The department also announced earlier that month that it would be slashing more than 1,300 positions through a “reduction in force,” or RIF effort, sparking widespread concerns about how the department could deliver on its core functions.

For special education services, advocates question significant cuts to units like the Office for Civil Rights, which is tasked with investigating discrimination complaints, including those that are disability-based.

Linscott said parents are asking questions such as: “‘What does this mean? Is my child still going to be able to have an (Individualized Education Program)? Is the state going to be required to uphold the IDEA? Or, I have a pending complaint with (the Office for Civil Rights), what does this mean for how long it’s going to take to settle this case or to investigate this claim?’”

Heather Eckner, director of statewide education at the Autism Alliance of Michigan, said it’s been “all-consuming” trying to keep up with what she calls a “chaos factory,” noting that it’s a lot of work for advocacy groups and policy analysts “to try to sort through and figure out what’s real, what’s actually happening, what might happen, and where the impact might be.”

“Ultimately, this is just having a significant destabilizing effect,” said Eckner, whose statewide organization focuses on expanding opportunities for people with autism.

Moving special education services to HHS

That uncertainty also stems from Trump’s announcement in March that the U.S. Department of Health and Human Services “will be handling special needs.”

The proposal sparked concern and confusion among disability advocates, both for what that transfer would look like and the legality of the proposed move. 

The president offered little detail into the proposal, but HHS secretary Robert F. Kennedy Jr. said on social media that the agency is “fully prepared” to take on that responsibility.

Meanwhile, HHS is witnessing its own drastic changes and restructuring, including beginning to lay off 10,000 workers — further calling into question how that agency could take on the Education Department’s special education services.

In response to a request for comment, HHS directed States Newsroom to Kennedy’s social media post regarding the proposed transfer but did not provide any further details.

“We have a lot of concerns over both the legality of that, but also just what that means for kind of how we view the education of students with disabilities in general, and how do we view disability in this country, and then what those actual implications on students are,” Linscott said. 

Jennifer Coco, interim executive director at the Center for Learner Equity, told States Newsroom that any move to separate the education of students with disabilities from the education of all students “further pathologizes disability and is treating 15% of all the children in our public school buildings like they’re medical issues — they’re not.”

“They are students who learn differently, a vast majority of whom could learn at the same grade level as their peers if they were provided appropriate instruction,” said Coco, whose national nonprofit focuses on ensuring students with disabilities have access to quality educational opportunities, including public school choice.

Any transfer of responsibility for these federal laws, such as IDEA, would require an act of Congress — a significant undertaking given that at least 60 votes are needed to break through the Senate’s filibuster and Republicans, with their narrow majority, hold just 53 seats.

The Education Department told States Newsroom that no action has been taken to move federally mandated programs out of the agency at this time.

“As President Trump and Secretary McMahon have made clear, sunsetting the Department of Education will be done in partnership with Congress and national and state leaders to ensure all statutorily required programs are managed responsibly and where they best serve students and families,” Madi Biedermann, a spokesperson for the department, said in a statement shared with States Newsroom. 

Last updated 2:30 p.m., Apr. 4, 2025

Kentucky Lantern is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com.

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