On March 20, President Donald J. Trump signed the executive order to dismantle the federal Department of Education, a 46-year-old agency. Numerous people, including employees and students, wonder what will become of the educational system if the executive order is put into motion. USA Today states this is to “return education to the states.” But what does the dismantling of the Department of Education mean for students with disabilities?
The White House further elaborated on the aim of the executive order, stating, “… letters have forced schools to redirect resources toward complying with ideological initiatives, which diverts staff time and attention away from schools’ primary role of teaching.” This is important, considering President Trump has been vocal about the performance of the U.S. public school system compared to schools in other countries. USA Today shares President Trump’s comments from last month: “We’re ranked at the very bottom of the list, but we’re at the top of the list in one thing: the cost per pupil.”
Concerns continue because less than 24 hours after Trump signed the executive order, he stated, “Those two elements will be taken out of the Department of Education.” When referring to special needs education, DisabilitySchoop shares.
For years, the Department of Education has distributed federal dollars for states to spend on students with disabilities. Therefore, the probable dismantling of the Department of Education raises the question of whether schools will be held accountable for providing sufficient services to students with disabilities if left to the states.
By the Individuals with Disabilities Act, the U.S. federal government must “…administer funds to states to spend on special education and students with disabilities between the ages of three and 21.” USA Today states, “The agency spent $15.5 billion on special education programs for students with disabilities in fiscal year 2024,” when discussing how the Department of Education aids students with disabilities.
President Trump hasn’t shared much information about cuts to federal funds for special education, nor how the Department of Health and Human Services would divide the funding for it. This issue causes confusion and uncertainty among workers and students — especially when states need all the funding they can get for students with disabilities.
Daniel Pearson, executive director of Educators for Excellence, shares, “Many states, tight on cash, are in need of the federal money that the Department of Education allocates to students with disabilities.” Pearson continues to share his concerns, “There could be a world where funding is not decreased, but it could go to states as block funding so states can allocate how the money is spent. The problem is that the accountability measures are built in through the federal department.”
Others have also voiced their thoughts on President Trump’s actions. Rep. Jahana Hayes called Trump’s executive order to dissolve the Education Department “illegal” in an emailed statement and said, “Any threat to the federal government’s legal obligation to provide services and funding to students with disabilities will have consequences.”
This is due to how the Department of Education’s Office for Civil Rights has investigated civil rights complaints, like discrimination or abuse, related to students with disabilities in the nation’s federally funded schools in the past. The function of said office is uncertain, and according to USA Today, “Staffers at the agency paused their work on disability-related discrimination cases when Trump entered office in January.” Thus, it remains unclear what will take place with existing cases or if the HHS will handle disability-related civil rights complaints in school.
The future of students with disabilities is in limbo since Trump’s executive order to eliminate the Department of Education must pass through Congress; this would need the support of Democrats, which would be unlikely. Yet, this doesn’t stop disability advocates from raising their concerns about how the HHS would oversee special education, considering it’s a health agency.