There is so much swirling around right now about how the dissolution of the Department of Education will impact students in the Special Needs Community. As an advocate and Mom to 2 kiddos with IEPs I wanted to share my research on the topic to present facts (that you are also welcome to research) to save you some time and hopefully help you breathe a bit easier.
NOTE: This is not a political post, it is a presentation of facts. Please do not make it political. Comments have been turned off to ensure this remains as it was intended. You are welcome to reach out to me via this website should you have any questions and I will be more than happy to try and answer them for you. I am not an attorney. I am a mom, just like most of you whose purpose is to ensure my children are able to successfully access their learning in their Least Restrictive Environment.
There are 2 major laws that protect the rights of children with disabilities as it pertains to access to learning. IDEA and Section 504 of the Rehabilitation Act (where 504 Plans got their name). Look at the dates carefully. Both laws existed PRIOR to the Department of Education's existence.
- The Individuals with Disabilities Education Act (IDEA) was signed into law on November 29, 1975 by President Gerald Ford.
- President Richard Nixon signed the Rehabilitation Act of 1973 into law on September 26, 1973. The regulations for Section 504 were signed into law on April 28, 1977.
- President Jimmy Carter signed the Department of Education Organization Act into law on October 17, 1979.
This is important to note because states had to figure out how to comply with these laws before the Department of Education even existed. Will there be some hiccups while the states figure out thing without the Department of Education oversight? I am sure there will be. Will some states be better at it than others? Absolutely. The bottom line is that states will be more in control over how to best meet the needs of their student populations. They will need to adapt to their new level of control and be ready to be held more accountable for their actions (and inactions).
Funding is a big issue I am hearing concern over and rightfully so. Funding is not being pulled. It is being transferred to another existing department. For IDEA, this bill specifically addresses this on page 13 in Section 7. The Department of Health and Human Services will be in charge of all grant programs related to IDEA. Also important to note, is that IDEA is also funded through state resources.
As a whole, Special Education is underfunded at both the state and federal levels despite the existence of the Department of Education. Under IDEA, The federal government pledged to cover 40% of the average per student cost. That has never been met and funding is currently less than 13%. You can see the reported gaps HERE.
There was never any federal money allocated for 504 plans. They have always been the responsibility of the states and school districts. That is not changing.
The Early Start Program that provides early intervention for infants and toddlers with delays is also a part of IDEA Part C and receives its funding from both Federal and State sources. This program will also transfer as part of IDEA to Health and Human Services.
Other programs not directly related to Special Education are also being moved to other agencies for oversight and funding. This information is also from Section 7 of the Bill.
I encourage you to read the full text of the bill. You can find it HERE on the Congress Website.
It is my hope being equipped with the facts has helped you better understand this issue. As a mom of 2 kiddos with IEPs in California, I am living this with you and am not fearing that my kids are going to lose their services. Change is always hard. The unknown is scary. I get that, and I will be the first person in line at the steps of the Capitol in D.C. if IDEA or The Rehabilitation Act are in danger of being overturned.