Special Education: Disability Rights and Protections. What’s at Risk with President-elect Trump's Promise to Abolish the U.S. Department of Education.

Disability Advocacy in The Department of Education: A Brief History

The Department of Education plays a crucial role in safeguarding the rights of students with disabilities and ensuring educational equity for all. Its roots trace back to critical civil rights milestones, notably the 1954 Supreme Court ruling in Brown v. Board of Education. This landmark decision revolutionized public education by establishing the principle of equal opportunity. Building on this, the Department of Education has been a critical advocate for greater inclusion of students with disabilities in mainstream education, aiming to create a more inclusive society for all learners.

In 1973, Section 504 of the Rehabilitation Act became the first federal civil rights law prohibiting discrimination against individuals with disabilities in programs receiving federal funding. This provision mandated that schools deliver a "free appropriate public education" (FAPE) to eligible students with disabilities, setting the stage for further legislative protections, including the 1975 Education for All Handicapped Children Act (Public Law 94-142). This law required public schools to provide FAPE in the "least restrictive environment" (LRE) for children with disabilities and, importantly, provided the foundation for subsequent protections, including the Individuals with Disabilities Education Act (IDEA), which emphasizes that whenever possible, students with disabilities should learn alongside their peers. However, the law's inadequate funding—less than 40% of anticipated costs—led to financial strains on local schools and sparked debates over federal involvement in state-led educational initiatives.

In 1979, President Jimmy Carter elevated education's importance by establishing the Department of Education as a cabinet-level agency, appointing Shirley Hufstedler, a former federal judge, as its first secretary. This move signified a new era of federal leadership in educational policy. 

In 1990, the passage of the Americans with Disabilities Act (ADA) expanded protections by prohibiting discrimination and guaranteeing full participation in society for individuals with disabilities. Landmark court decisions, such as the 1992 Oberti v. Board of Education ruling, further cemented the value of inclusive education by promoting the integration of students with disabilities into general education classrooms with appropriate support and services. 

The Importance of the U.S. Department of Education

The U.S. Department of Education's efforts are pivotal in providing inclusive opportunities and ensuring educational equity, striving to meet the diverse needs of all students and support their academic success by ensuring that all students, including those with disabilities, have access to quality education and necessary support services, and recent data underscores this critical mission. 

According to the 2021-2022 National Survey of Children's Health, roughly 20% of children in the U.S.—more than 14.5 million—live with special healthcare needs, and the National Center for Education Statistics indicates that during the 2022-2023 school year, 7.5 million public school students aged 3 to 21 received special education services, accounting for 15% of the total public school enrollment.

These figures highlight a wide range of disabilities among students. Specific learning disabilities, including ADHD, dyscalculia, dysgraphia, dyslexia, and dyspraxia, are most prevalent, affecting roughly 33% of those receiving special education services. Speech or language impairments represent 19%, while 15% identify under other health impairments, including asthma, diabetes, and epilepsy. Autism, with a current rate of 1 in 36 children,  accounts for 13% of these students. Less common disabilities, including developmental delays, intellectual disabilities, emotional disturbances, multiple disabilities, hearing and orthopedic impairments, visual impairments, traumatic brain injuries, and deaf-blindness, also fall under special education. Notably, the U.S. Department of Education's Office of Civil Rights estimates that 6% of public school students are in gifted and talented programs, which also fall under special education services.

Current Legal Protections in Education: Safeguarding Equal Opportunity and Access

The legal landscape surrounding special education for disabled children and young adults is intricate and vital to safeguard their rights and ensure they receive appropriate accommodations, resources, and support to thrive academically and socially. 

Critical legislative acts include:

• The Rehabilitation Act, Section 504 of 1973
• Individuals with Disabilities Act (IDEA) of 1975

The Rehabilitation Act, Section 504 of 1973 and Ensuring Equal Access: The Significance of Section 504

The Rehabilitation Act of 1973, Section 504, is a crucial federal civil rights law in the United States that aims to combat discrimination against individuals with disabilities in federally funded programs and activities. As a foundational piece of disability rights legislation, Section 504 set the stage for later laws like the Americans with Disabilities Act (ADA), which ensures that individuals with disabilities have equal access to education, employment, and other opportunities by prohibiting discrimination and requiring reasonable accommodations and program accessibility.

In education, Section 504 mandates that federally funded schools provide equal access and accommodations to students with disabilities, ensuring they receive the same educational opportunities as their non-disabled peers. Under Section 504, schools must adjust policies, practices, and procedures to allow students with disabilities to participate fully in academic pursuits, extracurricular activities, and school-sponsored events. Section 504 also protects students from discrimination based on their disability status, ensuring they are not unfairly excluded or deprived of educational benefits due to their disability.

Critical components of Section 504 include:

• Definition of Disability: Section 504 defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, and caring for oneself.
• Non-discrimination in Employment: Section 504 prohibits discrimination in employment practices by federal agencies and private employers that receive federal contracts or financial assistance.
• Procedural Safeguards: Section 504 provides specific rights and protections to individuals with disabilities and their families. These include the right to request accommodations, participate in program planning, and file complaints of discrimination with the appropriate federal agency, empowering them to advocate for their rights.
• Program Accessibility: Section 504 mandates that covered entities ensure their programs and activities are accessible to individuals with disabilities. Examples include physically modifying facilities to accommodate wheelchair users, providing accessible communication formats, and designing programs to include individuals with diverse abilities.
• Prohibition of Discrimination: Section 504 prohibits discrimination against individuals with disabilities in any program or activity receiving federal funding, including public schools, colleges, universities, hospitals, social service agencies, and other entities that receive federal financial assistance.
• Reasonable Accommodations: Section 504 requires covered entities to provide various reasonable accommodations to qualified individuals with disabilities. These accommodations, formally noted in an individual's 504 Plan, ensure equal access to programs and activities and often include modifications to policies, practices, or procedures, provisions of auxiliary aids and services, or structural changes to facilities.

504 Plans: A Deeper Look

504 Plans focus on providing accommodations to remove barriers and ensure equal access to education. Accommodations include modifying the physical environment, changing classroom procedures, extending test times, or providing assistive technology. 

504 Plan eligibility is broader and includes students with disabilities that significantly limit major life activities, such as learning, walking, seeing, or hearing. These conditions can include autism, ADHD, or mental health disorders.

Legally binding, 504 Plans provide accommodations and support services to students with disabilities who need help accessing educational programs and activities on an equal basis with their peers. This provision ensures that students with disabilities receive the necessary accommodations to participate fully in school activities.

While Section 504 does not provide the same procedural safeguards as Individualized Education Programs (IEPs), it still delivers crucial support to help students access their educational opportunities equally. It ensures that students receive a free and appropriate public education (FAPE) to participate fully in school even if they do not qualify for special education services. Additionally, a 504 Plan includes protections under the Americans with Disabilities Act (ADA), offering lifetime legal protections against disability-based discrimination.

The Individuals with Disabilities Act, IDEA, of 1975: Inclusive Education for Children with Disabilities

The Individuals with Disabilities Act (IDEA) is a landmark federal law in the United States that ensures children with disabilities receive a free and appropriate public education (FAPE). It oversees how states and public agencies provide early intervention, special education, and related services to children and youth with disabilities to facilitate inclusive educational opportunities from birth through age 21.

Initially enacted in 1975 as the Education for All Handicapped Children Act (EHA), IDEA was reauthorized and amended in 1990, 1997, 2004, and 2015. Critical components of IDEA include:

• Child Find: IDEA requires states to identify, locate, and evaluate children with disabilities regardless of the severity of their condition. This ensures that every child who needs special education and related services is identified and receives timely support.
• Evaluation and Eligibility: Once identified, children undergo a comprehensive assessment to determine eligibility for special education services. This evaluation includes various assessments and observations conducted by a team of professionals.
• Individualized Education Program (IEP): IDEA mandates the creation of an IEP for each eligible child. The IEP is a written document that outlines the child's academic performance, annual goals, special education services, related services, accommodations, and modifications.
• Free Appropriate Public Education (FAPE): FAPE guarantees that eligible children with disabilities receive an education tailored to their needs at no cost to their families. It ensures that these children have access to the same educational opportunities as their non-disabled peers and receive the necessary support to make academic progress.
• Least Restrictive Environment (LRE): IDEA mandates that children with disabilities be educated in the least restrictive environment possible, meaning they should be educated with their non-disabled peers to the maximum extent appropriate while still receiving the support they need.
• Parental Participation: IDEA emphasizes the importance of involving parents in the special education process, including their participation in IEP meetings and decision-making.
• Procedural Safeguards: IDEA protects the rights of children with disabilities and their families. It also provides mechanisms for parents to participate in decision-making and resolve disputes through mediation or due process hearings. Parents or caregivers are informed of these rights, as required by law.
• Transition Services: IDEA requires schools to provide transition services to help students near the end of their school years prepare for life after high school. These services may include vocational training, job placement assistance, post-secondary education support, and independent living skills training.
• Discipline Protections: IDEA includes provisions to protect the rights of students with disabilities in disciplinary proceedings. These provisions ensure that they are not disciplined more harshly than their non-disabled peers and that they receive appropriate support for behavioral challenges.

What is an Individualized Education Program (IEP)?

IEPs offer a more comprehensive range of services than a 504 Plan, including specialized instruction, speech or occupational therapy services, accommodations, curriculum modifications, and specific, measurable annual goals to meet the student's unique needs.

To qualify for an IEP, a student must meet the criteria for one or more of the 13 disability categories defined by IDEA and demonstrate that their disability adversely affects their educational performance, requiring specialized instruction and support. These 13 disability categories include:

• Autism Spectrum Disorder (ASD)
• Deaf-Blindness
• Deafness
• Emotional Disturbance
• Hearing Impairment
• Intellectual Disability
• Multiple Disabilities
• Orthopedic Impairment
• Other Health Impairment
• Specific Learning Disability
• Speech or Language Impairment
• Traumatic Brain Injury (TBI)
• Visual Impairment, including Blindness

Importantly, IEPs are legally enforceable documents governed by the Individuals with Disabilities Education Act (IDEA). Additionally, they include protections under the Americans with Disabilities Act (ADA) and grant students specific rights and access to due process procedures for resolving disputes, ensuring that IEP recipients receive a free appropriate public education (FAPE). These legal protections are available to students with disabilities from ages three to twenty-one or the age of high school graduation, whichever occurs sooner. Upon IEP termination, legal protections and benefits transfer to a lifetime 504 Plan.

The Department of Education: Critical Enforcement of Special Education Law

The importance of protecting the Department of Education and, by extension, these vital protections cannot be overstated. The 504 Plan and the Individualized Education Program (IEP) provide legal protections and support for disabled students, and the U.S. Department of Education is a powerful protector of educational rights for students with disabilities. By enforcing these critical legal protections, millions of students nationwide receive the accommodations and support they need to succeed academically. 

Specifically, the U.S. Department of Education's Office for Civil Rights (OCR) and the U.S. Department of Health and Human Services (HHS) enforce Section 504 of the Rehabilitation Act of 1973, and the U.S. Department of Education's Office of Special Education Programs (OSEP) enforces and oversees the Individuals with Disabilities Education Act (IDEA). These agencies investigate discrimination complaints based on disability in programs and activities that receive federal financial assistance, ensure compliance by conducting investigations, provide technical assistance, and take enforcement actions against entities that violate the law.

President-elect Trump Vows to Abolish the U.S. Department of Education:  

In the 2021-2022 academic year, 74% of special education students who left school earned a standard high school diploma, equipped with skills for contributing to their communities. Despite progress, ongoing advocacy for disability rights remains critical. Some students still face exclusion, and technological access disparities persist, highlighting areas for continued attention and improvement.

Efforts to eliminate the U.S. Department of Education would threaten decades of progress in civil rights and inclusion for millions of students. Such a move could reverse advancements in educational equity and protection for children with disabilities.

Project 2025, a conservative initiative outlined for the Trump administration, proposes dismantling the Department of Education through a decade-long process, significantly reducing federal funding for public education. Though President-elect Trump publicly distanced himself from the project, key figures connected to it have ties to his political network. This proposed plan would particularly impact children with disabilities and low-income students, as federal funding is crucial to supporting these groups.

Disbanding the Department of Education would require congressional approval, which experts view as unlikely due to the broad reliance on federal education funding in Republican and Democratic districts. Public schools, including those in Trump-supporting states like Pennsylvania (21%) and Ohio (17%), depend on IDEA-funded services*, underscoring the political and practical challenges of such a move.

Special education services encompass various supports, including speech-language pathology and audiology services, interpreting services, psychological services, such as ERMS, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment, counseling, rehabilitation, mobility, medical services, school health nurse services, social work services, parent counseling, and training. These services are expensive. Without the vital funding and oversight the Department of Education provides, many, perhaps all, of these essential services would be significantly underfunded, reduced, or eliminated.

Parental, Caregiver, and Community Impact

Nearly 20 percent of parents and caregivers meet PTSD criteria, and there is an increased prevalence of anxiety and depressive symptoms in mothers of disabled children. Additionally, medical insurance plans often do not cover special education services, therapies, or other medical needs, leading to parents and caregivers experiencing increased economic stress.  Moreover, increased time commitments and responsibilities related to caring for a special needs child(ren)  often lead many primary caregivers to reduce working hours or leave the workforce altogether. further leading to dif­fi­cul­ty meet­ing basic needs, including food suf­fi­cien­cy and med­ical hard­ship. 

Importantly, thousands of dedicated special education teachers, para-professionals, occupational and physical therapists, school counselors and psychologists, and other licensed and trained professionals would lose the vital funding necessary to provide for their students or be forced to leave their profession altogether.

Such realistic consequences would negatively affect the economy and community cultures where special needs families and service providers live.

Why Protecting the Department of Education Matters

The Department of Education plays a crucial role in defending the rights of students with disabilities. Efforts to weaken or dismantle the Department threaten the protections that have enabled millions of students to access the education they deserve. Protecting the Department of Education is about safeguarding the future of students with disabilities.

When we choose to uphold these protections, we as a community and nation recognize the dignity and potential of every student and support their inclusion, equality, and opportunity to learn, grow, and thrive, regardless of their abilities.

By supporting the Department of Education, we reaffirm our commitment to equity in education and ensure that students with disabilities continue to receive the support they need to succeed. When the Department of Education is protected, the rights of millions of students are upheld nationwide.

Ensuring Dignity, Rights, and Inclusion: Next Steps You Can Take as a Parent, Caregiver, or Ally

Historically, the dissolution of a Federal agency in the United States is not a unilateral act of the Executive Branch, appointed czar, or newly-formed counsel. An act of Congress, including both chambers, the House of Representatives and the Senate,  would be required to pass the legislation to shut down the U.S. Department of Education. Specifically, a simple majority, 218 in the House and 51 (or 50 votes if the Vice President casts a tiebreaker) in the Senate would be required to pass the measure.

If you are a parent, caregiver, or ally of a special needs individual, there are several steps you can take now to support and help protect their hard-fought legal rights and protections provided by the Department of Education.

1. Contact Your State’s Representatives

• Contact your congressional and Senate representatives.  Explain, in detail, how the Department of Education supports your child(ren) 's special education needs.  Be specific about the services you receive and their benefits. Describe how the shuttering of the Department of Education would negatively impact your child(ren) 's education, their legally protected civil and disability rights, finances, family, support systems and service providers, and the community in which you live.
• Ask your representative(s) to hold several Town Hall Meetings to address the issue so members of their constituency have multiple opportunities to express and voice their concerns.

2. Contact the Media

• Write a letter to your local and regional newspaper.
• Contact your local or regional news station(s) and ask them to do a news story or investigative piece on the issue.  Thoroughly explain why this issue is important to you.
• Contact national media and entertainment talk show programs to pitch a story or topic of discussion to reach a broader audience. Provide general facts about the necessity of the Department of Education and personal stories about how the Department of Education has positively impacted your child(ren), family, and community.

3. Utilize Social Media

• Write posts on social media platforms you use regularly.
• Create a YouTube, TikTok, or Reel video 
• Create a blog and build a following to spread information and awareness about the issue.

4. Build a Community

• Join or build a community of like-minded individuals, such as ALLLI Solutions Community Connections.
• Follow and support recognized disability and civil rights organizations
• Create a social media or community group and build a following to spread information and awareness about the issue.  

5. Educate Yourself and Others

• Take advantage of the valuable resources available at little to no cost.  Utilize your public libraries, recognized and respected disability and civil rights educational materials, blogs, online classes, and videos. Focus on reliable, fact-checked, and respected resources. 
• Become a member of the Ally Solutions community. Ally Solutions offers online courses covering many essential topics, including Legal and Ethical Considerations, Diagnostic and Assessment Criteria, Characteristics and Behaviors, Intervention Approaches and Practices, as well as Newsletters, Blogs, and Community Building- essential information and resources that you can apply to many disabilities, not just autism. To learn more, visit alllisolutions.com.

Working together, those who care about and recognize the importance of the Department of Education can educate the populace beyond misinformation and indifference, elevate their voices on a national stage, and put pressure on those who are elected to represent “We, the People" and the government functions that are important to us.

ALLLI Solutions…Spread Your Wings  

References:

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IDEA and Section 504 are compared. https://www.ldinfo.com/idea504.htm

Gallo, D. P. (2010). Information to Gather at the Outset of the Evaluation. https://doi.org/10.1002/9780470682340.ch4

Individuals with Disabilities Education Act (IDEA) | Bucks IU-Bucks County Intermediate Unit-BCIU. https://www.bucksiu.org/child-student-services/individuals-with-disabilities-education-act-idea

Legal Authority for Setting Educational Standards – Education. https://education.uslegal.com/competency-testing/legal-authority-for-setting-educational-standards/

Melloy, K. J. (2019). Preparing Educational Leaders for 21st Century Inclusive School Communities: Transforming University Preparation Programs. https://doi.org/10.36851/jtlps.v7i2.504

School-Based Therapy Services / Individuals with Disabilities Education Act (IDEA). https://www.hcde-texas.org/Page/461

Thackaberry, J. M. (2003). School Health Law. NASNewsletter. https://doi.org/10.1177/104747570301800310

Understanding the Free Appropriate Public Education Mandate | WonderBaby.org. https://www.wonderbaby.org/articles/fape

What Are the Laws That Support Special Education? | LegalMatch. https://www.legalmatch.com/law-library/article/special-education-lawyers.html