Trump admin plans to shift special education to new agency, sparking IDEA compliance fears
The Trump administration is considering moving the federal special education function out of the US Department of Education (ED), raising concerns about continuity and compliance with the Individuals with Disabilities Education Act (IDEA).A spokesperson for the ED confirmed that the agency is “exploring additional partnerships” with other federal departments to support special education programming. As reported by the K-12 Dive, no official agreements have been signed and discussions are ongoing.ED confirms discussions amid department restructuringAccording to K-12 Dive, Madi Biedermann, deputy assistant secretary for communications, stated via email that any transition would be conducted “without any interruption or impact on students with disabilities.” She added that Education Secretary Linda McMahon remains committed to protecting federal funding that supports students with disabilities.Despite this assurance, Biedermann confirmed that McMahon’s broader goal is “to put herself out of a job by shutting down the Department of Education and returning education to the states,” as reported by K-12 Dive. The administration has indicated that the US Department of Health and Human Services (HHS) is being considered as a potential partner for special education oversight.Mass layoffs deepen uncertainty within EDInternal restructuring at the ED has accelerated. On October 10, during the federal government shutdown, about 121 employees from the Office of Special Education and Rehabilitative Services (OSERS) were dismissed, while many others were furloughed. Across the ED, approximately 465 staff members were let go, including personnel from the Office of Elementary and Secondary Education and the Office for Civil Rights.As reported by K-12 Dive, the total number of federal employees expected to be laid off across 30 agencies exceeded 4,000. A federal judge later ordered the Trump administration to halt further mass dismissals, with the ruling issued on October 15.Concerns over compliance with federal lawExperts and advocacy groups have expressed concern about the potential impact of removing special education oversight from the federal level. David Bateman, a principal researcher at the American Institutes for Research and professor emeritus at Shippensburg University, warned that the absence of federal guidance could result in procedural errors, service delays, and data gaps.Speaking during a webinar hosted by Parallel Learning and attended by district leaders, Bateman stressed that although changes are underway, schools and states remain responsible for complying with IDEA. He emphasised, “The regulations that we have for IDEA and Section 504 remain in law,” urging school leaders to reinforce this with their teachers, as reported by K-12 Dive.Advocates raise alarms on future oversightSeveral public school and disability advocacy organisations have cautioned that without direct federal oversight, the burden of complying with IDEA will shift to states and districts. They argue this could lead to inconsistent service delivery and increased administrative strain on educators.As the Trump administration pursues its objective of reducing federal oversight and decentralising control to states, the future of special education governance remains uncertain.
