New Uncertainty for Children with Disabilities with Move to Close Education Department

On March 20, President Trump issued an directing the Secretary of Education to begin the process of closing the Department of Education and shifting authority over education to states and local communities. This move follows the Department's recent efforts to its workforce by nearly half. The closure of the Department would require Congressional approval, and the Order raises important questions about the future of educational programs and services for the children with intellectual and developmental disabilities (I/DD) who rely on special education and related supports, including related to funding levels and the federal role in enforcing key laws that promote access to services and non-discrimination. This brief examines the Department’s historical role in supporting children with I/DD, the key provisions of the Executive Order, and the potential implications of this shift.

Department of Education Plays a Significant Role in Providing Access to Education for Children with I/DD

Although states and localities manage their own schools and programs that support children with I/DD, historically the Department of Education has played a key role in providing funding and ensuring compliance with federal statute and regulations, such as:

• Enforcing and overseeing the Individuals with Disabilities Education Act (IDEA), which entitles children with I/DD to Free Appropriate Public Education (FAPE), including access to special education and related supports. During the 2022–2023 school year, more than 7.5 million children received special education and related services under IDEA, representing approximately of total public school student enrollment nationwide.
• Distributing grant funding to support access to educational services and related supports for children with I/DD. In FY 2023, more than in funding was distributed by the Department to states, localities, and other entities, including most significantly through:
  • Special education (“Part B”) formula grants that provide access to FAPE in the least restrictive environment for individuals with I/DD who are of pre-school age through age 21.
  • Early intervention (“Part C”) formula grants that support early intervention services for infants and toddlers during the critical early stages of their development. These programs are also frequently with state Medicaid programs.
  • Discretionary grants, administered by the Office of Special Education Programs, that provide a range of support to local I/DD programs, such as workforce development, technical assistance, and parent training.
• Supporting employment and vocational rehabilitation (VR) programs through the Department’s . These programs are not limited to youth and focus on providing services that help individuals with I/DD in finding and keeping employment in the community.
• Protecting children with I/DD from discrimination through the Department’s Office of Civil Rights, which is responsible for enforcing of the Rehabilitation Act of 1973. The Act protects individuals with disabilities from being excluded from programs and benefits because of their disability and requires that schools provide accommodations to students with disabilities. The Office has the authority to terminate federal funding for non-compliance with the Act and/or refer the case to the Department of Justice (DOJ), when needed.

Executive Order May Reduce Federal Oversight and Funding for Education for Children with I/DD

The Executive Order has the potential to significantly disrupt the Department's support for children with I/DD, as it instructs the Secretary of Education to “take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities.” While the Order does not directly close the Department—something that would require Congressional approval and is unlikely to secure the necessary Democratic support in the Senate—it sets the stage for substantial reductions in federal oversight and funding for education services for children with I/DD. This, combined with ongoing workforce cuts, could lead to several significant changes, including:

• Reduced federal oversight and enforcement of IDEA requirements: The Order does not repeal or change IDEA statute, which specifically the Department to monitor implementation and enforce IDEA mandates. As such, it is unclear whether the Department would be able to transfer this responsibility without approval from Congress, though Education Secretary Linda McMahon has moving IDEA oversight to the Department of Health and Human Services (HHS), and President Trump recently his intention of moving responsibility for “special needs” to HHS. Regardless, it is likely that Federal oversight of IDEA requirements will be less of a priority, which may pose risks for access to services.
• Potential reductions in federal grant funding for states and localities: The early months of the Trump Administration have seen significant to federal grants, including reductions in education grants related to diversity, equity, and other similar initiatives. While the Executive Order does not specify changes to the Department's grantmaking structures, it does require that funding recipients terminate “illegal discrimination obscured under the label 'diversity, equity, and inclusion' or similar terms and programs promoting gender ideology.” Based on trends seen at the , it is likely that the Department will halt or withhold funding from schools and programs that emphasize these equity-focused initiatives. Furthermore, the Heritage Foundation’s blueprint may provide insight on where future policy may be heading, which calls for converting existing IDEA grants into no-strings block grants distributed through the HHS. Such a structure would reinforce the reduced federal role in IDEA compliance oversight and could result in lower funding levels for states and localities depending on how the block grant formula is designed.
• Diminished federal enforcement of anti-discrimination laws: As noted above, the Department’s Office of Civil Rights is responsible for enforcing federal laws that protect individuals with disabilities from discrimination, including from exclusion to educational and related programs. The Order does not address this topic directly, aside from reinforcing the Administration’s commitment to eliminating diversity and equity initiatives. However, the blueprint calls for the Department’s responsibilities for enforcing anti-discrimination laws to be moved to the DOJ. While the DOJ has been involved in cases that require judicial proceedings, historically it has not been involved in administrative proceedings or technical assistance for state and local entities that require help in addressing compliance issues. Without additional support, such a shift would pose risks to ensuring consistent compliance with federal anti-discrimination laws.

Looking Ahead

While the Order marks a clear shift toward reducing the federal role in education, its full impact on the services and protections available to children with I/DD will depend on the details. With potential cuts to federal oversight, funding, and enforcement of essential laws like IDEA, families and students may see increased inconsistency across states and school districts in access and supports to children with disabilities. Students with I/DD continue to face many barriers in their education while school systems struggle to fulfil the promise of IDEA, which : “Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.” Reducing the capacity of a system that is charged with advancing equal opportunity in education and protecting students from discrimination in education is unlikely to improve those outcomes. To maintain and advance achievements in equal education, states and localities will need to allocate resources and develop strategies to maintain access to vital programs and services. This will require strong advocacy by the I/DD community and coordination among state agencies responsible for services and supports for people with I/DD.  

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