Children engaged in sensory exercises, often used in special education classrooms. (Photo by Getty Images)

WASHINGTON — As President Donald Trump takes drastic steps to dismantle the U.S. Department of Education, disability advocates are worried about whether the agency can carry out its responsibilities to serve students with disabilities.

Representatives of several disability advocacy groups cited “chaos,” “fear” and “uncertainty” in describing the situation to States Newsroom. They said there’s a lack of clarity about both proposed changes within the realm of special education services and the impact overall of sweeping shifts at the agency, calling into question whether the department can deliver on its congressionally mandated guarantees for students with disabilities.

“It’s only been a few weeks since these things started happening, so I don’t think we’re seeing any of the effects trickle down right now, but we do have parents reaching out to us, calling and feeling really scared,” said Robyn Linscott, director of education and family policy at The Arc of the United States, an advocacy group for people with intellectual and developmental disabilities.

Among the department’s chief responsibilities is guaranteeing a free public education for students with disabilities through the Individuals with Disabilities Education Act, or IDEA, and enforcing Section 504 of the Rehabilitation Act of 1973, part of which bars programs and activities receiving federal funding from discrimination on the basis of disability.

The Individuals with Disabilities Education Act was enacted in 1975 under a different title and later renamed in 1990.

IDEA “governs how states and public agencies provide early intervention, special education, and related services” to students with disabilities, per the department.

The department notes that before the 1975 law, “many children were denied access to education and opportunities to learn” and in 1970, “U.S. schools educated only one in five children with disabilities.” 

According to the National Center for Education Statistics, 15% of all public school students in the country received services through IDEA during the 2022-2023 school year.

In fiscal year 2024, $15.4 billion was appropriated for IDEA.

Section 504 of the Rehabilitation Act of 1973 states that: “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Closing the department

Trump signed an executive order in March that called on Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure” of the agency to the maximum extent she’s permitted to by law.

The department also announced earlier that month that it would be slashing more than 1,300 positions through a “reduction in force,” or RIF effort, sparking widespread concerns about how the department could deliver on its core functions.

For special education services, advocates question significant cuts to units like the Office for Civil Rights, which is tasked with investigating discrimination complaints, including those that are disability-based.

Linscott said parents are asking questions such as: “‘What does this mean? Is my child still going to be able to have an (Individualized Education Program)? Is the state going to be required to uphold the IDEA? Or, I have a pending complaint with (the Office for Civil Rights), what does this mean for how long it’s going to take to settle this case or to investigate this claim?’”

Heather Eckner, director of statewide education at the Autism Alliance of Michigan, said it’s been “all-consuming” trying to keep up with what she calls a “chaos factory,” noting that it’s a lot of work for advocacy groups and policy analysts “to try to sort through and figure out what’s real, what’s actually happening, what might happen, and where the impact might be.”

“Ultimately, this is just having a significant destabilizing effect,” said Eckner, whose statewide organization focuses on expanding opportunities for people with autism.

Moving special education services to HHS

That uncertainty also stems from Trump’s announcement in March that the U.S. Department of Health and Human Services “will be handling special needs.”

The proposal sparked concern and confusion among disability advocates, both for what that transfer would look like and the legality of the proposed move. 

The president offered little detail into the proposal, but HHS secretary Robert F. Kennedy Jr. said on social media that the agency is “fully prepared” to take on that responsibility.

Meanwhile, HHS is witnessing its own drastic changes and restructuring, including beginning to lay off 10,000 workers — further calling into question how that agency could take on the Education Department’s special education services.

In response to a request for comment, HHS directed States Newsroom to Kennedy’s social media post regarding the proposed transfer but did not provide any further details.

“We have a lot of concerns over both the legality of that, but also just what that means for kind of how we view the education of students with disabilities in general, and how do we view disability in this country, and then what those actual implications on students are,” Linscott said. 

Jennifer Coco, interim executive director at the Center for Learner Equity, told States Newsroom that any move to separate the education of students with disabilities from the education of all students “further pathologizes disability and is treating 15% of all the children in our public school buildings like they’re medical issues — they’re not.”

“They are students who learn differently, a vast majority of whom could learn at the same grade level as their peers if they were provided appropriate instruction,” said Coco, whose national nonprofit focuses on ensuring students with disabilities have access to quality educational opportunities, including public school choice.

Any transfer of responsibility for these federal laws, such as IDEA, would require an act of Congress — a significant undertaking given that at least 60 votes are needed to break through the Senate’s filibuster and Republicans, with their narrow majority, hold just 53 seats.

The Education Department told States Newsroom that no action has been taken to move federally mandated programs out of the agency at this time.

“As President Trump and Secretary McMahon have made clear, sunsetting the Department of Education will be done in partnership with Congress and national and state leaders to ensure all statutorily required programs are managed responsibly and where they best serve students and families,” Madi Biedermann, a spokesperson for the department, said in a statement shared with States Newsroom. 

U.S. President Donald Trump stands with Secretary of Education Linda McMahon after signing an executive order to reduce the size and scope of the Education Department during a ceremony in the East Room of the White House on March 20, 2025 in Washington, D.C.  (Photo by Chip Somodevilla/Getty Images)

WASHINGTON — In a sweeping executive order signed Thursday, President Donald Trump called on Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure” of the U.S. Education Department.

Trump signed the order at a major White House ceremony, flanked by children seated at desks. It directs McMahon to “return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

Trump spoke to an audience packed with top GOP state officials, and he cited Republican Govs. Greg Abbott of Texas, Mike Braun of Indiana, Ron DeSantis of Florida, Bill Lee of Tennessee, Kim Reynolds of Iowa, Jeff Landry of Louisiana, Brad Little of Idaho, Jim Pillen of Nebraska and Mike DeWine of Ohio.

Deena Bishop, commissioner of Alaska’s Department of Education and Early Development, was slated to attend, though she was not cited by Trump.

“After 45 years, the United States spends more money in education by far than any other country and spends, likewise, by far, more money per pupil than any country, and it’s not even close, but yet we rank near the bottom of the list in terms of success,” Trump said at the brief ceremony. 

GOP Reps. Tim Walberg of Michigan and Virginia Foxx of North Carolina, the respective current and former chairs of the House Committee on Education and Workforce, were also in attendance. 

The children each signed their own individual executive orders, proudly displaying them alongside Trump. 

The order, which is sure to draw legal challenges, “also directs that programs or activities receiving any remaining Department of Education funds will not advance DEI or gender ideology,” referring to diversity, equity and inclusion.

Widespread reports ahead of the signing drew intense blowback from leading education groups, labor unions and congressional Democrats.

Rep. Bobby Scott, ranking member of the House Committee on Education and Workforce, noted that the department “was founded in part to guarantee the enforcement of students’ civil rights” in a statement Thursday.

“Legality aside, dismantling (the department) will exacerbate existing disparities, reduce accountability, and put low-income students, students of color, students with disabilities, rural students, and English as a Second Language (ESL) students at risk,” the Virginia Democrat added. 

Title I, IDEA funds 

The department’s many responsibilities include administering federal student aid, carrying out civil rights investigations, providing Title I funding for low-income school districts and guaranteeing a free public education for children with disabilities via the Individuals with Disabilities Education Act, or IDEA.

Following the signing, McMahon clarified in a statement that “closing the Department does not mean cutting off funds from those who depend on them — we will continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs.”

“We’re going to follow the law and eliminate the bureaucracy responsibly by working through Congress to ensure a lawful and orderly transition,” McMahon said. 

 

Trump’s long-held campaign promise to move education “back to the states” comes despite much of the funding and oversight of schools already occurring at the state and local levels. The department also legally cannot dictate the curriculum of schools across the country.

Congress has the sole authority to shut down the department, and any bill to completely close the agency would face extreme difficulties getting through the narrowly GOP-controlled Senate, with at least 60 senators needed to advance past the filibuster.

However, it could be possible for the administration to take significant actions short of closure, such as moving some Education Department functions to other agencies.

The agency has an annual budget of $79 billion in discretionary spending, or funds appropriated yearly by Congress. 

Layoffs, buyouts

The department has already witnessed mass layoffs, contract cuts, staff buyouts and major policy changes in the weeks since Trump took office.

Earlier in March, the department announced that more than 1,300 employees would be cut through a “reduction in force” process — sparking concerns across the country over how the mass layoffs would impact the agency’s abilities to carry out its core functions.

 

The department had 4,133 employees when Trump took office, but the cuts brought the total number of workers remaining down to roughly 2,183.

A group of 21 Democratic attorneys general quickly sued over that effort and asked a federal court in Massachusetts to block the department from implementing the “reduction in force” action and Trump’s “directive to dismantle the Department of Education.”

Lawsuit incoming

Opponents of the closure said it’s one more example of how Trump and billionaire Elon Musk, head of the temporary U.S. DOGE Service, are seeking to destroy the federal government as they reduce the workforce and spending.

“Donald Trump and Elon Musk have aimed their wrecking ball at public schools and the futures of the 50 million students in rural, suburban, and urban communities across America, by dismantling public education to pay for tax handouts for billionaires,” said Becky Pringle, president of the National Education Association, in a Wednesday night statement.

“Now, Trump is at it again with his latest effort to gut the Department of Education programs that support every student across the nation,” added Pringle, who leads the largest labor union in the country.

“If successful, Trump’s continued actions will hurt all students by sending class sizes soaring, cutting job training programs, making higher education more expensive and out of reach for middle class families, taking away special education services for students with disabilities, and gutting student civil rights protections,” she said.

Randi Weingarten, president of the American Federation of Teachers, one of the largest teachers unions in the country, kept her response to reports of the forthcoming order succinct.

“See you in court,” she said.