In The Politics of Autism, I write about social services, special education, and the Individuals with Disabilities Education Act.
According to the National Center for Education Statistics, 7.5 million children 3 to 21 years old received services under the Individuals with Disabilities Education Act in AY 2022-23.
About 980,000 of them were autistic, up from 498,000 in 2012-13.
The Trump administration is halving the staff of the Department of Education.
It is essential to recognize the vital role the Department plays in safeguarding the rights of students with disabilities. We are concerned by President Trump’s effort to transfer implementation and oversight of special education to the Department of Health and Human Services (HHS), a move which you indicated you support during your confirmation hearing. The Department of Education has the statutory authority to implement and enforce IDEA. Without an act of Congress giving authority to HHS, this administration’s attempts to shift IDEA responsibility to HHS will merely prevent the law from being enforced at all. The Senate report from 1979 on the creation of the Department of Education found that the “significant, but carefully restrained Federal role in education…is severely hampered by its burial in [The Department of Health, Education and Welfare]…its confusing lines of authority and administration, its fragmentation, and its obvious lack of direction.” In other words, the Senate’s findings in 1979 indicate that this department structure was inefficient and resulted in a lack of attention to public education. The Department of Education is the only agency with an existing institutional infrastructure and a staff of subject matter experts dedicated to ensuring equal educational opportunity for children and students with disabilities. More than this, disabled students deserve to be seen as and treated as the learners and scholars they are. Students with disabilities belong in classrooms alongside their nondisabled peers, and they deserve the accommodations and supports that enable them to thrive. Because of the Department of Education’s specific expertise, it is best positioned to do the job well and efficiently. Transferring these authorities to HHS will not only overburden an agency already confronting massive workforce cuts orchestrated by this administration, but it will also stretch HHS beyond its expertise as medical, rather than educational, professionals.
We are alarmed by the potential consequences your proposed reassignment will have on the larger framework of education for students with disabilities. Prior to the passage of IDEA, only one in five children with disabilities were educated in schools, and more than 1.8 million children were systemically excluded from public school in the United States. Disabilities were seen as medical conditions to be treated and as a result, many children with disabilities were institutionalized rather than educated. We cannot risk regression to an outdated and dehumanizing perspective on disability, which prevented millions of children from accessing the inclusive public education they deserve. Our entire nation benefits when disabled people have equal access to a high-quality education that enables them to use their gifts and talents.
Additionally, the Trump administration instituted a one-month freeze on investigating discrimination complaints, an unprecedented decision even during a presidential transition. The Office for Civil Rights currently faces a backlog of 12,000 investigations, half of which involve students with disabilities. While the freeze was lifted February 20th for disability discrimination claims, we are concerned that the Department will still not have the capacity to process the backlog of 6,000 disability claims, as well as any incoming additional claims—especially considering the unjustified termination of dedicated public servants across the 12 regional divisions of the Office for Civil Rights.
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In a speech on March 3rd, you called for the elimination of “unnecessary bureaucracy” at the Department. Yet, the Department has the smallest staff of any Cabinet-level agency while administering the third-largest discretionary budget. Prior to the recent firings, this number stood at 4,245 employees, including over 700 employees dedicated to addressing the needs of students with disabilities. More than 1,300 employees have since been fired, in addition to over 500 employees who have opted for separation packages. Indiscriminate firings of workers who are stewards of federal dollars appropriated by Congress with the mandate of ensuring equal access to education for all students does not eliminate “bureaucracy;” it merely impedes the Department’s ability to carry out its work on behalf of children. Indeed, following the recent reduction in force, a coalition of 20 state attorneys general filed a lawsuit arguing the layoffs are so severe the Department “can no longer function, and cannot comply with its statutory requirements.”
We are also concerned about the combined efforts from the Department and the “Department of Government Efficiency” (DOGE) to slash $900 million in education-related research and over $600 million in educator preparation grants. These cuts will negatively impact critical research into best practices to support students with disabilities who have the shared dream of graduating high school and contributing to our economy. The cuts also result in the suspension of highly successful programs designed to address the special education teacher shortage which has been consistent over decades and negatively impacts the educational outcomes of students with disabilities. We cannot effectively serve students with disabilities or make informed policy decisions without quality information and highly qualified teachers.
