Drastic funding reductions to the U.S. Department of Education and a proposed transfer of special education programming to the U.S. Department of Health and Human Services will have "immense harm" to students with disabilities, 23 Democratic senators said in a letter to U.S. Education Secretary Linda McMahon.
"Congress has promised to families that students with disabilities will have a free appropriate public education in the least restrictive environment and has specifically charged the Department of Education with making that promise real in the lives of students with disabilities," the April 2 letter states.
Specifically, the letter asks McMahon to provide information by April 11, including:
- A tally of all terminated grants, contracts or cooperative agreements that impact students with disabilities.
- The number of Education Department employees impacted by the agency's reduction in force who conduct essential functions that serve students with disabilities.
- The number of department employees let go who were investigating civil rights complaints, including disability discrimination cases.
- Details for a plan to ensure that all statutory obligations to students with disabilities are properly delivered after recent executive actions.
- Evidence that indicates transferring existing programs to other agencies will be more efficient and improve outcomes for students with disabilities.
U.S. Sen. Lisa Blunt Rochester, D-Del., spearheaded the letter for the Democratic senators. "Over the years, the Department has developed specific expertise to deliver on the promise that children with disabilities will have equal and fair access to educational opportunity in the United States," the letter said.
The Trump administration, including McMahon, have vowed to cut federal waste and fraud and give local school communities and parents more decision-making authority. In just the first two months of Donald Trump's second presidency, the Education Department has reduced its workforce by about half, canceled more than $1 billion in grant funding, and issued an executive order to begin closing the Education Department.
Trump, McMahon and HHS Secretary Robert F. Kennedy Jr. have said they want to transfer special education programming from the Education Department to HHS, but the administration hasn't provided details on how that transfer would work.
On Thursday, the Education Department announced it was canceling a fiscal year 2025 grant application for a technical assistance center that supported postsecondary transition services for students with disabilities. The department said the decision was part of a comprehensive review to ensure "competitions align with the objectives established by the Trump Administration."
Additionally, the notice said, "The Department is dedicated to optimizing the impact of our grant competitions on students and families, as well as enhancing the economic effectiveness of federal education funding."
But in her Feb. 13 Senate confirmation hearing, McMahon said one of her priorities as secretary would be to ensure funds for students with disabilities are not impacted. Trump reiterated this during a White House signing ceremony on dismantling the Education Department, saying funding for students with disabilities will be “fully preserved.”
The administration also has begun promoting private and public school choice options that it says will empower families with educational options that fit their child's needs.
Nearly 8 million students ages 3-21 qualify for individualized services under the Individuals with Disabilities Education Act, and the population is projected to increase. Another 462,847 infants and toddlers with disabilities and developmental delays receive IDEA supports.
About 95% of students served under IDEA attend public schools, according to the Democrats' letter. Public school supporters and disability rights advocates say diverting taxpayer-supported funding to private school choice programs will erode students' civil rights protections and will cause financial pain to public schools.
A recent poll by Understood.org, a nonprofit that provides resources to people with learning and thinking differences, found parents with children ages 18 and younger have split emotions on the dismantling of the Education Department. Of the 510 people polled, including 290 whose children have disabilities, 27% expressed anger, 30% reported anxiety, 28% were hopeful, and 25% felt excited.
Push for full funding
Amid the flurry of Education Department downsizing and fiscal trimming, bicameral legislation in Congress was introduced Thursday that proposes to boost IDEA funding by 40% of the average per pupil expenditure, or to $69.6 billion by fiscal year 2035. Currently, federal special education funding is $15.4 billion, or 10% of the total per-student cost.
IDEA, which turns 50 in November, has never come close to the 40% "full funding" goal, despite previous periods of bipartisan support.
The most recent legislation was introduced by Rep. Jared Huffman, D-Calif., and Sen. Chris Van Hollen, D-Md., and endorsed by many other lawmakers and more than 50 organizations, including the Council for Exceptional Children, the National Center for Learning Disabilities and AASA, The School Superintendents Association. Many school districts also back the bill, according to Huffman and Van Hollen.
"All children — no matter their zip code, race, disability, or any other factor — should be able to access a full, exceptional education, and this legislation will help school districts provide the necessary resources to make this vision a reality," Huffman said in a statement. "The current chronic underfunding leaves an unfair burden on students, teachers, schools, and families.”
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