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What’s new? Welp, it’s hard to say! When we first started this newsletter, things were "normal" and we planned to just roll out a newsletter featuring new materials and resources from ECAC. But given everything happening right now, we realize that families and professionals may need more than just new tools - they need reliable information about current affairs in education, too. As you know, recent developments have raised concerns about the future of the U.S. Department of Education and the Individuals with Disabilities Education Act (IDEA). IDEA is our federal special education law and where IEPs come from.
Like you, we have lot of questions. The truth is, we don’t have answers yet.
Here's What We Know (or at least think we know!):
With discussions about significant cuts to the U.S. Department of Education and the future of federal education programs up in the air, we want to provide some clarity on what we think would actually need to happen to dismantle the department and what that means for IDEA.
Eliminating the U.S. Department of Education Would Require:
✅ Congressional Action – The U.S. Department of Education was created by Congress in 1979, meaning that only Congress has the authority to fully dismantle it. While executive orders can direct agencies to shift responsibilities or cut funding, the department itself cannot be eliminated without legislation.
✅ Reallocation of Responsibilities – If the department were dismantled, its essential functions - such as managing federal education funding and enforcing special education laws -would have to be reassigned to other federal agencies or given to individual states.
✅ State-Level Decisions on Education Oversight – Without a federal department overseeing education, state governments would have more control over policies and funding distribution. This means protections and services for students with disabilities could vary significantly from state to state, depending on how each state chooses to implement or fund special education programs.
✅ Shifts in IDEA Implementation – The Individuals with Disabilities Education Act (IDEA) is a federal law, meaning it would still remain in place unless Congress repeals or amends it. However, without the U.S. Department of Education overseeing its enforcement, it’s unclear how compliance would be monitored, how funding would be distributed, and what agency would take responsibility for ensuring students with disabilities continue receiving necessary services.
✅ Long Legal and Political Battles – Any effort to dismantle the Department of Education or make major changes to IDEA would likely face legal challenges, as well as opposition from disability rights advocates, educators, and families. Historically, large-scale changes like these do not happen quickly, and the uncertainty surrounding these discussions could last for months or even years.
In summary, while the administration can initiate actions to reduce the Department of Education's role, completely abolishing it and altering laws like IDEA would require congressional action. The situation is evolving, and we will continue to monitor developments closely.
While we wait for more clarity, we came across some good information below:
The team at Understood put together an FAQ that breaks down what the Department of Education does, and what we know about how the changes could affect students who learn differently:
As we learn more, we’ll keep you updated—but in the meantime, we’re here to support families however we can.
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