In the first weeks of the Trump administration, there has been widespread talk of how the administration plans to change public education policy dramatically, much of which could have consequences for how parents of children with disabilities advocate for their children’s rights.

There is no evidence of a plan to overturn the Individuals with Disabilities Education Act (IDEA) or eliminate Individualized Education Programs (IEPs), which suggests that IDEA’s general requirements should remain intact. However, changes could include reduced funding for schools to support students with disabilities, reduced parent advocacy and due process protections, and a further “fracturing” of how states and districts ensure appropriate education.

Key Concerns

The administration has proposed dramatically expanding “school choice” in the form of vouchers. While school choice vouchers might benefit some students without IEPs, the amount of the voucher is likely to be grossly inadequate for students with IEPs and more significant needs, especially if cuts to federal special education support are made elsewhere.

At her recent confirmation hearings, Secretary of Education nominee Linda McMahon proposed moving IDEA enforcement from the Department of Education to Health and Human Services. This likely signals federal plans to back off local IDEA enforcement. Reducing the role of the federal government in public education and returning to state’s rights and local control of education were key themes of McMahon’s testimony. Rolling back federal IDEA regulations seems like a logical next step.

Why Federal Regulations Are Important

The administration is taking aim at the Code of Federal Regulations, which contains 180,000 pages of rules issued by government agencies. There are hundreds of IDEA regulations currently in effect that provide enforcement guidance on Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). These were written over decades, with feedback from stakeholders, including advocacy groups and parents.

Because FAPE, LRE, and the IEP are defined in the law itself, they aren’t going anywhere. However, regulations cover topics such as required evaluation procedures, parental consent, the definition of assistive technology, etc. They also describe the IDEA’s “procedural safeguards.” If some of these rules are withdrawn, districts will have more leeway in how they interpret IDEA. For instance, it could affect how schools involve parents in IEP Team decisions, provide access to key information, allow them to pursue dispute resolution or challenge school discipline, and more.

If specific requirements for states and districts disappear, court rulings relying on those regulations will also no longer have an impact. The result will be that districts and state education agencies have higher authority in making unilateral decisions about student eligibility, appropriateness of services and supports, annual academic progress, etc. Even at this early stage, there have been reports from parents that districts and states are indicating that they do not have to follow certain federal standards.

What You Can Do

In the face of uncertainty, what can you do to ensure your child’s educational adequacy? Recognizing that the situation is fluid and may change with further developments in D.C., here are some things to keep in mind as you watch developments unfold:

• The IEP Team is meant to be “collaborative.” Regardless of what regulations are withdrawn, parents are required members of the IEP Team. Know your rights, but also remember that you are a member of the IEP Team, not an outside observer. Politely asserting your role can help ensure that you are not left out of information-gathering efforts or key decisions.
• Know state law. Many states have education laws that go beyond IDEA. While state law cannot be less than federal requirements, it often imposes additional protections. For example, Texas has specific rules about a ten-day “recess” when parents disagree with an IEP decision. California has laws expanding early intervention services for children under three years. New York and Massachusetts expand IDEA eligibility beyond age 21. Other states broaden eligibility criteria beyond IDEA’s thirteen categories, impose stronger due process and notice protections, allow for extended school years or “dual enrollment” in public and private school, etc. If federal oversight is diminished, assume state law has more “teeth” and be prepared to invoke state standards.
• Stay informed about key policy changes. Not all changes are destined to be bad for families of kids with disabilities. For instance, one feature of IDEA is the ability to remove students from an inadequate public school setting and seek private reimbursement in the face of repeated violations. This is unique to IDEA, but changes to federal funding that accentuate school choice might change the leverage you have. By staying informed, you might find opportunities that didn’t exist before.

Matt Saleh is a lecturer in Cornell University’s Disability Studies program and Co-Director of Cornell’s Criminal Justice and Employment Initiative.

Related Smart Kids Topics

• Your Child’s Rights: 6 Principles of IDEA
• Your Right to Parental Involvement
• Resolving Special Ed Disputes