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The Fear of Losing Legal Protections for Students with Disabilities Under the New Presidential Administration

The Fear of Losing Legal Protections for Students with Disabilities Under the New Presidential Administration

Posted on February 10, 2025 By rehan.rafique No Comments on The Fear of Losing Legal Protections for Students with Disabilities Under the New Presidential Administration

By Lateefah S. Williams, Esq. 

For families of students with disabilities, school isn’t just about grades or report cards—it’s about access, support, and the chance to thrive–whether alongside their general education peers, in stand-alone special education classes, or in nonpublic or private schools. For decades, laws like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act have provided a safety net, ensuring that kids with special needs aren’t left behind. But, with the new presidential administration announcing its plans to make big changes to public education, many parents, teachers, students, and advocates are justifiably feeling uneasy. 

There’s not just talk of cutting funding for special education programs, which would be bad enough, as these programs provide critical services like speech and occupational therapy, counseling, visual prompts, and classroom aides, among other modifications and accommodations. But, what’s even more concerning are the proposals to eliminate the US Department of Education (ED) entirely! Proposals that are picking up more steam, as federal government agencies across the board are under attack and U.S. AID, a governmental humanitarian agency, is being gutted from 10,000 employees to 300 employees—unless they get a last-minute reprieve. The Department of Education isn’t just some distant government office. It’s the backbone of education accountability, making sure schools follow rules that protect all students, including those with disabilities and from marginalized backgrounds. Without ED, who will make sure that every child’s right to a Free Appropriate Public Education (FAPE) is honored? 

Why This Matters 

Imagine being a parent who fought hard to get your child with a disability an Individualized Education Program (IEP) tailored to help them succeed. Now, imagine hearing on the news and reading in the newspaper that the very system meant to protect students with disabilities might lose its power. Schools might not have the resources to provide the services promised. Teachers, already stretched thin, could lose vital support. And parents? They may have nowhere to turn when their child’s needs are ignored. 

What’s at Risk? 

  • Less Funding, Fewer Services: Cuts to special education funding do not just mean fewer supplies. They mean fewer speech therapists, special education teachers, and aides. They mean that students who need one-on-one support may not get it. 
  • Weaker Accountability: Without the Department of Education’s oversight, each state would be in charge of enforcing disability laws. Some may do a good job, but others, likely, will not—leaving families to fight even harder for what their kids deserve and are entitled. Leaving the enforcement of civil rights laws to the states did not work out well during the Jim Crow era and it will not work out well now, either. 
  • IEPs Could Suffer: IEPs are legal documents, but if there’s no strong system to enforce or adhere to them, what happens when schools can’t—or won’t—follow through? And, in all practicality, if ED is demolished or greatly diminished, schools may no longer have to follow through, anyway. 

What Can We Do? 

This isn’t just policy talk or an intellectual exercise—it’s personal! For every child who relies on an IEP, every teacher who knows how much that support matters, and every parent who has ever sat in an IEP meeting hoping their child’s needs will be met, these potential changes hit close to home and are terrifying. 

Now is the time to speak up. Parents, educators, students, and advocates need to raise their voices everywhere—at school board meetings, in letters to representatives, and through disability rights organizations. Legal protections still exist (at least for now), but without strong leadership, funding, and a desire to maintain protections for students with disabilities, they risk becoming just words on paper. 

Education is more than just a system. It’s a promise. A promise that every child—no matter their abilities or challenges—deserves a fair chance to learn, grow, and succeed. That promise is at risk. And it’s up to all of us to make sure it’s kept. 

 

Education Law

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