“Is My Child’s IEP in Danger?”

February 12, 2025

The U.S. Department of Education (DoE) is now sustaining a rapid-fire succession of cuts and changes spearheaded by President Donald Trump and a team within his administration dubbed the Department of Government Efficiency (DOGE) and led by billionaire Elon Musk. Significant news this month includes the following:

  • February 3: The Wall Street Journal reports that Trump is working on an executive order to shut down all functions of the DoE and/or move them to other government departments and entities. According to CNN, the executive order will direct the secretary of Education to create a plan to diminish the department through executive action, and also seek Congressional legislation to end the department.
  • February 6: According to The Washington Post, at least 16 DOGE team members have gained access to the Education Department directory and have fed sensitive personal and financial data — including federal student loan data containing Social Security numbers, birth dates, and driver’s license numbers — into artificial intelligence software. Some were also granted administrator-level status in the department’s email system, allowing them access to the back end of ed.gov.
  • February 7: Members of U.S. Congress were barred from entering the Education Department building for a meeting with Education Secretary Denise Carter.
  • February 9: White House press secretary Karoline Leavitt confirmed that Trump is weighing “options and how to reduce the size of the Department of Education if not abolish it completely.”
  • February 10: The White House ordered an abrupt halt to 89 contracts and 29 grants for research projects underway within the Institute of Education Sciences, an independent research agency within the DoE that is a main source of funding for education research. The agency studies the efficacy of daily report cards for students with ADHD and interventions to improve on-task behaviors, attention, and academic outcomes for students with ADHD, among other things.
  • February 11: A federal judge has agreed to hear a lawsuit filed on behalf of The University of California Student Association that accuses the DoE of violating the Privacy Act of 1974 by sharing sensitive data with DOGE staffers. The group has asked the judge to temporarily block the Education Department from continuing this practice and to retrieve any information already transferred to DOGE, according to Higher Ed Dive.
  • February 12: Trump announces at a press conference that he wants the Department of Education “closed immediately.” CNN reports that mass firings have started with the termination of probationary (typically new) employees of the DoE “across the agency from the general counsel’s office, to the Office of Special Education and Rehabilitation Services that supports programs for children with disabilities, to the Federal Student Aid office.”

So what does all of this change mean for the 7.5 million U.S. school children (15% of that population) who have special needs and whose public schools receive billions of dollars in funding for services and resources from the U.S. Department of Education?

The impact on special-education programs that fall under the Individuals with Disabilities Education Act (IDEA), as all Individualized Education Plans (IEPs) do, remains unclear. But here is a rundown of what we know.

[Download: Your Free Guide to the U.S. Education Laws Protecting Students with ADHD]

What does the U.S. Department of Education do?

The U.S. Department of Education, created in 1979, develops and enforces federal education laws; funds special-education programs; administers financial aid programs; and conducts research on schools, students, and educational issues.

The Education Department serves public school students across the United States by:

  • Providing funding to support Title I grants for nearly two-thirds of public schools serving 26 million vulnerable students in pre-K through Grade 12
  • Funding special-education programs for students with disabilities covered by IDEA, including dyslexia, autism, and ADHD, which falls into the act’s ‘Other Health Impaired’ category if symptoms impact educational performance
  • Administering loans and Pell Grants for low-income college students. The DoE distributed approximately $27.2 billion in Pell Grants during the 2022-2023 academic year, and 43 million people have federal student loans
  • Enforcing civil rights laws like Title IX, which protects against discrimination based on gender or disability
  • Supporting school improvement programs to boost education outcomes
  • Funding programs to promote mental health and after-school activities

“The department currently oversees federal student loan programs, distributes financial aid, and enforces policies meant to protect borrowers from predatory lending practices. Eliminating the DoE could introduce uncertainty into loan servicing, possibly delaying repayments, altering forgiveness programs or making it harder for students to access federal aid,” according to Newsweek.

What does the U.S. Department of Education NOT do?

The Department of Education does not set or enforce curricula, or determine state education standards.

State and local school boards decide curriculum, textbooks, and what’s taught in history or science classes. Educator salaries, hiring, and qualifications are determined by state laws and local school boards. Each state adopts its own education standards. Private and religious schools operate independently, and they determine their own tuition prices. Public universities are funded by state governments; the Education Department only provides federal aid and loan programs.

[Quiz: How Well Do You Know U.S. Education Law?]

How big is the Department of Education?

In 2024, the Education Department employed roughly 4,425 people and had a budget of $79 billion.

What is the Individuals with Disabilities Education Act (IDEA)?

IDEA is a law governing how states and public agencies provide early intervention, special education, and related services to more than 8 million eligible infants, toddlers, children, and youth with disabilities.

IDEA guarantees the right of students with qualified disabilities, such as ADHD, dyslexia, autism, and more, to participate in Individualized Education Programs (IEPs) that provide special education and related services and accommodations designed to improve the student’s ability to receive academic instruction.

IDEA also authorizes formula grants to states and discretionary grants to institutions of higher education and other non-profit organizations to support research, demonstrations, technology and personnel development, and parent-training and information centers.

What role does the Education Department play in the IDEA?

The Education Department enforces the IDEA through the Office of Special Education Programs (OSEP) and the Office for Civil Rights (OCR) by doing the following:

  • Developing and communicating federal policy for IDEA
  • Monitoring and enforcing state implementation of IDEA
  • Helping states implement early intervention services for infants and toddlers with disabilities
  • Investigating complaints and conducting compliance reviews
  • Working with schools to address issues when rights are not upheld
  • Protecting the rights of people with disabilities under Section 504 of the Rehabilitation Act of 1973

What is Section 504 of the Rehabilitation Act of 1973?

“Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education,” according to the DoE.

What role does the Education Department play in Section 504?

OCR, a division of the department, enforces Section 504 by ensuring that public schools provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. “OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assistance to school districts, parents, or advocates,” according to the DoE.

Any student with a 504 Plan is covered by Section 504. If a school district is out of compliance with Section 504 by failing to provide “education in regular classes with supplementary services, and/or special education and related services,” the OCR may initiate administrative proceedings to terminate DoE financial assistance to the school or refer the case to the Department of Justice for judicial proceedings.

How does the DoE financially support students with ADHD?

According to available research, the DoE spends a significant amount on students with ADHD, with estimates ranging from $5.6 billion for younger children to between $9.36 and $19.75 billion for older children and teenagers on educational costs including special education, therapies, and counseling, all related to managing ADHD in the school setting.

How much of any state’s special-education funding comes from the DoE?

Since IDEA was enacted, federal funds have covered approximately 13% of the cost of special-education services. States supplement federal IDEA funding with funding formulas for special education that vary widely from state to state. The remainder of funding comes from state and local tax revenue.

In a study of 5,694 districts in 24 states, serving nearly 3 million students with disabilities, Bellwether found that special education services cost $13,127 per student per year, on average. Funding from the DoE covered $1,578 of that cost, or 12%. The districts received dedicated special-education state revenue totaling $3,388 per pupil, and the remaining $8,161 in funding was generated through taxes.

Will Trump likely be able to shut down the DoE?

By law, the Education Department can be shut down only by an act of Congress. According to Time magazine, “In January, Rep. Thomas Massie, a Republican from Kentucky, re-introduced a bill that would terminate the Department of Education. The bill has 30 Republican co-sponsors thus far,” but would require 60 votes to pass.

If the Department of Education is shuttered, will my child’s IEP be impacted?

IEPs are protected by law, as spelled out in IDEA. So long as IDEA law remains intact, the rights of students with disabilities to IEPs will remain protected. However, the DoE is the primary watchdog for both IDEA and Section 504, so enforcement of IEP and 504 Plan violations could be impacted. It is also unclear how federal government funding cuts could impact local school districts across the country that rely on DoE funds to “support disabled students, pay special education teachers and therapists, and buy the materials and equipment that students need,” according to The Century Foundation.

If the Department of Education is shuttered, who will enforce IDEA law?

Another federal agency, such as the Department of Justice, would likely take over enforcement of IDEA if the Education Department were abolished. This would include conducting compliance reviews, investigating complaints from parents, and enforcing penalties for schools that fall out of compliance. It is unclear how any change in enforcement may impact parents’ ability to secure special-education resources or pursue complaints against schools for providing inadequate resources under IDEA.

Department of Education & IEP Law: Next Steps

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