Executive Summary
The U.S. Department of Education plays a critical role in ensuring that students with disabilities receive access to inclusive education, services, and legal protections under federal law. Recent proposals to dismantle, restructure, and defund the Department threaten to undermine decades of progress in disability rights and educational equity. This policy brief outlines the essential role of the Department of Education, the risks posed by dismantling it, and a call to action to safeguard the rights and opportunities of students with disabilities.
The Issue: The Threats to the U.S. Department of Education
The U.S. Department of Education is essential for providing oversight, funding, and civil rights protections for students with disabilities. Under key laws such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, the Department ensures students with disabilities have access to free, appropriate public education (FAPE). Proposals to dismantle or restructure the Department would fundamentally weaken federal oversight, disrupt special education services, and deprive families and educators of essential resources and support.
Current Threats:
- Proposals to Dismantle or Restructure the Department: Efforts to transfer oversight of IDEA and related programs to other agencies, such as the Department of Health and Human Services (HHS), would fundamentally change the educational framework, prioritizing a medical model over an educational and civil rights framework, which would increase stigma and segregation of disabled students.
- Weakening of Federal Oversight and Protections: The Department’s oversight ensures that all states comply with IDEA and Section 504, and without it, students with disabilities could face uneven access to services across states.
Why It Matters: The Department’s Role and Impact
Historical Context: Before the passage of IDEA in 1975, millions of students with disabilities were excluded from or segregated in public schools. The creation of the Department of Education in 1979 was a critical step in ensuring federal oversight and compliance with disability education laws. Since its establishment, the Department has worked to enforce civil rights protections, distribute essential funding, and provide technical assistance to states and localities to ensure students with disabilities have the same access to educational opportunities as their non-disabled peers.
Key Responsibilities of the Department:
- Funding for Special Education: The Department distributes billions in federal funding to ensure schools provide quality special education services and resources for students with disabilities.
- Civil Rights Enforcement: Through the Office for Civil Rights (OCR), the Department investigates allegations of disability discrimination and ensures that students’ rights are protected under federal law.
- Support and Technical Assistance: The Department provides guidance, technical support, and resources for states, school districts, educators, and families to implement IDEA and Section 504.
- Higher Education and Workforce Development: The Department also ensures that students with disabilities have access to postsecondary education and vocational training, which directly supports their entry into the workforce.
The Risks of Dismantling the Department
Weakening Federal Oversight: If the Department of Education were dismantled or its functions shifted to another agency, such as HHS, it would diminish the focus on education and shift towards a medical model of disability, a framework that views disability as a medical condition intrinsic to the individual, which can perpetuate negative stereotypes and prejudices about people with disabilities leading to greater segregation and a loss of educational opportunities for disabled students.
Disrupting Special Education Services: The Department’s expertise in special education policy ensures that IDEA is consistently implemented across states. Without federal oversight, the services and protections provided to students with disabilities would become inconsistent, and access to necessary services could be severely limited.
Additionally, IDEA has never been fully funded. While Congress originally committed to covering 40% of the excess cost of special education, the federal government has historically funded only about 11%, leaving states and local school districts to make up the difference. Further cuts to the Department of Education would only exacerbate this shortfall, making it even harder for schools to provide students with disabilities the resources, services, and supports they need to succeed.
Undermining Families and Educators: The Department supports Parent Training and Information Centers (PTIs) that educate families about their rights and help them advocate for their children. The loss of these resources would leave families without the tools and support they need to navigate the complexities of special education.
Executive Authority Limitations: An Executive Order cannot override Congressional authority to abolish the Department of Education. Any attempt to dismantle the Department would require legislative action by Congress, which could fundamentally alter federal education policy and erode protections for students with disabilities.
Call to Action: Protect the Future of Students with Disabilities
The potential dismantling of the Department of Education would have a devastating impact on the rights and opportunities of students with disabilities. Disability Belongs™ calls on policymakers, advocates, and other stakeholders to:
- Reject any proposals to dismantle or weaken the Department of Education.
- Support legislation that strengthens the Department’s role in enforcing IDEA and Section 504, ensuring that students with disabilities receive a free and appropriate public education.
- Support full funding of IDEA, ensuring students have access to essential supports and services to thrive in schools.
- Advocate for federal oversight that ensures equitable access to services for all students with disabilities, regardless of where they live.
- Protect the civil rights of students with disabilities by upholding existing laws and ensuring consistent enforcement.
“Dismantling the Department directly undermines students’ success, reinforcing decades-old narratives that further marginalize disability and contribute to systemic ableism. We must advocate against any actions that threaten the rights and opportunities of our students.”
— Ariel Simms, President and CEO, Disability Belongs™
“The Department of Education is a lifeline for students with disabilities, ensuring they receive the education and protections they deserve. It also plays a vital role in helping disabled students access higher education and obtain employment opportunities. Dismantling the Department would reverse decades of progress and harm the future of countless students.”
— Darren Bates, Director of Policy, Disability Belongs™
Conclusion
The U.S. Department of Education plays a vital role in ensuring that students with disabilities receive the support and protection they deserve. Dismantling the Department would jeopardize their rights, disrupt essential services, and push disabled students further from full participation in the education system and society. Disability Belongs™ stands in strong opposition to efforts that seek to undermine the Department and call on all advocates to protect the rights of students with disabilities.
Join Us
Disability Belongs™ supports families, educators, and advocates in defense of the U.S. Department of Education and the essential protections it provides for students with disabilities. Share this policy brief to help inform and mobilize advocacy efforts in defense of Department of Education and the rights of disabled students.
