The James G Martin Center of Academic Renewal
President Donald Trump’s executive order to begin dismantling the Department of Education has
raised concerns among education experts about the future of federal protections for students with
disabilities.
The executive order, signed Thursday, begins the process of shifting education control to states,
though the department cannot be fully eliminated without congressional approval. Nearly half of
the department’s staff will depart through layoffs and voluntary buyouts.
Mary Kerr, a former University of Pittsburgh professor who specializes in special education,
warns that students with disabilities rely heavily on federally mandated services.
“Children with disabilities and other risk factors are highly dependent on special programs,” Kerr
said. “If you’re a kid with a disability, you can’t read or talk, you need special equipment, which
we call assistive technology… you might need a paraprofessional with you.”
The Trump administration has stated that funding for students with disabilities under the
Individuals with Disabilities Education Act will be transferred to the Department of Health and
Human Services. But Kerr expressed concern about enforcement mechanisms.
“Federal special ed law is civil rights law, and there’s certain things that are guaranteed. But
they’re not guaranteed if we don’t have people fighting for them,” she said.
The Department of Education currently oversees implementation of federal special education
law, which dates back to the mid-1970s and guarantees students with disabilities the right to
“free, appropriate public education” regardless of their condition.
“The Department of Ed is in charge of monitoring the states to be sure that they monitor the
districts within the state for adherence to those civil rights laws,” Kerr said.
Among the most affected divisions is the Office for Civil Rights, which will close seven of its
twelve regional offices and lose nearly half its staff. This office has been responsible for ensuring
schools comply with anti-discrimination laws.
Kerr noted that federal law gives significant rights to families of students with disabilities,
including timely evaluations when disabilities are suspected.
“If you suspect your child has a disability, then you can just write a letter to the principal and say,
‘Please evaluate my child because he’s struggling in school.’ Doesn’t have to be any formal
language, and they have to do it,” Kerr explained. “They have to do it in a certain time period…
within a month and a half or something.”
The dismantling also raises questions about Title I funding, which provides over $18 billion
annually to schools serving low-income students.
“If you’re a kid in poverty, you need a Title One school, because that’s converting that school
extra money,” Kerr said.
Legal challenges to the executive order are expected as the dismantling process moves forward.