The Future of Your Child’s IEP: Will It Be Safe If the US Department of Education Is Dissolved?

As discussions continue about dissolving the U.S. Department of Education (DOE), many parents of children with disabilities have one pressing question:

👉 Is my child’s Individualized Education Program (IEP) still protected?

The short answer? Yes.

But we know you need more than a simple yes. Let’s break down why your child’s IEP will remain safe, what the law guarantees, and how special education services will continue even if the DOE no longer exists.

The IDEA Law: What It Is and Why It Matters

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities, who qualify for special education services,  get the education they require.

IDEA specifies that children with disabilities must have:

✅ Free Appropriate Public Education (FAPE): Schools must provide goals, services, and accommodations to meet the individual needs of students with disabilities.

✅ Least Restrictive Environment (LRE): Schools are required to educate students with disabilities, to the maximum extent appropriate, with peers who are not disabled.

✅ Individualized Education Program (IEP): Every eligible student must have an IEP outlining their individualized goals, services, and accommodations based on present-level data.

✅ Due Process: Parents have the right to participate in decisions regarding their child's education and can challenge decisions made by the school through a formal due process procedure.

Key IDEA Facts:

✔ IDEA existed before the DOE – It was passed in 1975, four years before the DOE was created in 1979, and has been strengthened over time to protect the rights of students with disabilities.

✔ IDEA is still the law – Whether or not the DOE exists, schools must follow IDEA.

✔ States and the Courts enforce IDEA – While the DOE provides oversight, individual state education departments are responsible for ensuring schools comply.

How IDEA Protects Students with Disabilities

IDEA is a powerful piece of legislation. It includes many parental safeguards to ensure parents have the legal rights and protections necessary to participate in their child’s special education process and advocate for their needs. Some examples of these important safeguards include:

📌 Prior Written Notice

The school must provide written notice to parents before taking or refusing any action related to their child's identification, evaluation, or placement.

📌 Independent Educational Evaluation (IEE)

If you disagree with the school’s evaluation, you have the right to an Independent Educational Evaluation (IEE) by a qualified professional outside the school.  🔹 The school must consider the results but does not have to accept them.

📌 Parent Participation

Parents are equal members of the IEP team. This means:

✅ You have the right to fully participate in IEP meetings.

✅ You can request an IEP meeting anytime.

✅ You help make important education decisions for your child.

📌 Dispute Resolution

If you disagree with the school about your child’s IEP, IDEA provides ways to resolve conflicts:

🔹 Mediation – A neutral person helps parents and schools reach an agreement.

🔹 State Complaints – File a complaint with your state’s education agency.

🔹 Due Process Hearings – A formal legal process to resolve disagreements.

What Happens if the U.S. Department of Education Is Dissolved?

It’s understandable to worry that dissolving the U.S. Department of Education (USDOE) could affect IEP support and oversight. But here’s what you need to know:

The USDOE currently guides, enforces, and oversees educational standards across the country. While its role is important, IDEA itself guarantees your child’s rights, regardless of federal oversight.

IDEA is Still the Law of the Land

If USDOE is dissolved, Who Would Enforce IDEA?

🔹 According to White House officials, the Department of Health and Human Services (HHS) will likely handle enforcement of these rights at the federal level. However, we anticipate that enforcement responsibilities will shift primarily to the state education departments. State departments of education already handle a majority of IDEA enforcement. 

What States Already Do

✅ Ensure public schools comply with IDEA’s federal requirements.

✅ Handle parent complaints about IEP violations.

✅ Provide a Special Education Ombudsman (or similar office) to help parents resolve issues.

State-Level Protections Stay in Place

Many states have additional regulations that strengthen IDEA protections. These will remain intact, no matter what happens to the USDOE.

In the event of the USDOE’s dissolution, state education departments will assume an even larger role in enforcing IDEA. 

🔹Parents still have the right to pursue due process complaints and lawsuits in both state and federal courts.  These necessary parental rights, provided by IDEA, will still be available. 

✅ Key Takeaways

• IDEA is federal law and remains in effect no matter what happens to the USDOE.

• State education departments will continue enforcing IDEA.

• Parents still have legal rights to challenge IEP violations through due process, complaints, and lawsuits in both state and federal courts.

• Funding changes are uncertain, but schools are still legally required to provide services under IDEA.

📢 What You Can Do

🔍 Stay Informed

Follow updates on potential USDOE changes and how your state plans to enforce IDEA.

🤝 Take Action

The Council of Parent Attorneys and Advocates (COPAA) is actively working to protect disability rights. Get involved at any level that works for you!

📞 Communicate with Your School

• Check in with the special education team regularly.

• Request quarterly progress reports & testing to track IEP progress.

📖 Know Your Rights

Learn about IDEA and your state’s regulations so you can advocate for your child with confidence.

⚖️ Get Support

If your child’s IEP isn’t being followed or they aren’t making progress, a qualified educational advocate can help.

The Bottom Line: Your Child’s IEP Is Safe

While the possible dissolution of the U.S. Department of Education may raise concerns, your child’s rights under IDEA remain firmly in place. This federal law ensures that students with disabilities continue receiving the services they need, even if oversight relies more heavily on state education departments and our court systems.

Your child’s IEP, protections, and legal rights are still safe, enforced by state and local agencies, as well as the courts.

💡 Stay proactive, stay informed, and don’t hesitate to reach out for help when needed.

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