Push To Dismantle Ed Department Fuels Worries About Special Education
The U.S. Department of Education building in Washington, D.C. (Anne Meadows/Flickr)
As President Donald Trump doubles down on his pledge to shutter the U.S. Department of Education, the ramifications for students with disabilities could be severe, advocates say.
Trump says that the Education Department is the next target in his administration’s efforts to weed out wasteful spending. Recent reports indicate that the White House is considering an executive order designed to dismantle the department and the president, who has said he wants to close the agency, told reporters that he’s directed Linda McMahon, his nominee for education secretary, to “put herself out of a job.”
While experts say that closing the agency would require an act of Congress, advocates are warning that any efforts to weaken the Education Department could have an outsized impact on the nation’s 7.5 million special education students.
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“We have deep concern as we see or hear nothing that assures us the administration understands and intends to carry out its obligation to protect our kids or understands that (the Education Department) has an obligation to assure our kids get the services and supports they are entitled to under the law,” said Denise S. Marshall, CEO of the Council of Parent Attorneys and Advocates, or COPAA, a nonprofit that advocates for the rights of students with disabilities and their families.
While federal laws including the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act guarantee students with disabilities certain rights in schools, the Education Department plays a major role in ensuring that these laws are implemented.
“The interplay of the federal laws that serve and protect our children is complex, there must be expert personnel who work to carry out the statute’s requirements,” Marshall said. “IDEA delegates distinct duties to the secretary of education and the law obligates the department to provide oversight, technical assistance and more so that states can fulfill their obligation to provide a free, appropriate public education to every student with a disability.”
Dan Stewart, managing attorney for education and employment at the National Disability Rights Network, said that IDEA, Section 504 and the Americans with Disabilities Act were created by Congress and will remain in effect regardless of any executive order, but the president does have some ability to prioritize the use of certain funds.
Stewart said he’s concerned that the Trump administration could be eyeing changes that would impact federal funding to hire, train or retain school staff, for example.
“Without adequate staffing, students with disabilities will not be able to access federally mandated supports and services,” he said.
The Education Department channels billions in federal funding to states for special education each year and it oversees services ranging from early intervention for young children with disabilities to the vocational rehabilitation system. In addition, advocates note that the agency has a unique role in ensuring that the civil rights of students with disabilities are protected.
“We must recognize that students with disabilities, such as autism, deserve the same opportunities to succeed as their peers, and that specialized educational support is not a luxury, but a right,” said Christopher Banks, president and CEO of the Autism Society of America. “Removing federal oversight could undermine accessibility, equity and inclusion, leaving students vulnerable to disparities in quality education and long-term opportunities.”
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