What Is Happening Right Now?
The Department of Education (ED) is a government agency that oversees federal education policy and administers funding for programs and individuals. The ED has undergone numerous concerning changes throughout the Trump administration, such as:
- On March 20, 2025, President Trump signed an Executive Order, directing the federal Department of Education to “facilitate the closure of the Department of Education and return authority over education to the States…”
- President Trump and Education Secretary Linda McMahon have taken steps to dismantle the department, firing nearly 50% of its workforce.
- In September 2025, the Trump administration cancelled more than $30 million of federal grants supporting students with disabilities. Additionally, the FY 2026 budget, now stalled in Congress, calls for a 15% decrease in overall funding to the Department of Education.
- On October 10, 2025, the Trump administration announced a “reduction-in-force”, which cut almost all staff in the Office of Special Education and Rehabilitative Services. These staff members were responsible for billions of dollars in special education funding and providing special education services to the 7.5 million children with disabilities in the country. A federal judge temporarily halted the layoffs, allowing some of the staff of this office to be rehired.
- On June 16, 2026, the Trump administration announced that the Office of Special Education and Rehabilitative Services (OSERS) will be transferred from the Department of Education to the Department of Health and Human Services (HHS). OSERS oversees implementation of the Individuals with Disabilities Act (IDEA), administers billions of dollars in special education funding, and provides guidance and oversight to states serving students with disabilities.
- The administration also announced that the Department of Education’s Office for Civil Rights (OCR) will be moved to the U.S. Department of Justice. OCR is responsible for investigating discrimination complaints in schools and colleges.
How Does the Department of Education Support Students with Disabilities?
The federal Department of Education, particularly the Office of Special Education and Rehabilitative Services, plays a critical role in civil rights enforcement and special education funding, including ensuring that disabled students have access to Individualized Education Programs (IEPs), speech therapy, and more. Nationwide, 15% of all public school students have a disability. The Department of Education also plays a key role in funding schools across the country. Schools, including those in Massachusetts, rely on federal funding to support students with disabilities, pay for special education educators and services, and more.
The Department of Education has historically housed both OSERS and OCR, the offices responsible for overseeing special education services and enforcing students’ civil rights. The transfer of these offices to other federal agencies represents a significant restructuring that is detrimental to the oversight and enforcement of special education and civil rights for students with disabilities. By moving these responsibilities to HHS and DOJ, the Trump administration is undermining OSERS and OCR by removing the necessary expertise that the Department of Education holds on the issues related to these offices.
What Relevant Laws are Threatened by These Actions?
The Individuals with Disabilities Education Act (IDEA) was passed in 1975 to ensure that students with disabilities are provided with an education that is tailored to their needs. Among other important provisions, IDEA requires that public schools create an IEP for every student who needs it and requires that students with disabilities, as much as possible, are educated alongside their peers in the “least restrictive environment.” On June 16, 2026, the Trump administration formally announced that OSERS would be transferred to HHS. Moving IDEA oversight outside of the Department of Education could separate special education from the broader education system, undermining inclusion, accountability, and educational access for students with disabilities.
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights law that ensures that people with disabilities are not excluded from programs or activities that receive federal funding, including schools. It requires that programs are accessible, and that reasonable accommodations are made. Section 504 does not only cover schools; it includes hospitals, transportation systems, and more. Specific to education, Section 504 requires that schools create 504 plans to provide accommodations and modifications needed for students to learn.
Although these laws remain in effect, this administration has announced that responsibility for enforcing education-related civil rights protections will be shifted from the Department of Education’s Office of Civil Rights to the Department of Justice. At the same time, significant staffing reductions at the OCR and other Education Department offices have raised concerns about the federal government’s capacity to investigate discrimination complaints, monitor compliance, and provide guidance to schools.
What Happens Next?
Because the IDEA, Section 504, and other federal civil rights laws were enacted by Congress, these laws remain in effect. However, ongoing legal and policy disputes may determine how effectively these protections are enforced under different agencies.
What Can I Do in Massachusetts?
We must voice our concerns to our congressional delegation and ensure that Massachusetts is prepared to support students.
- Contact your members of congress and share your story of why special education and non-discrimination policies are important. Find your federal legislators here.
- Take Action by filling out The Arc of the United States’ Action Alert which tells lawmakers to protect the Office of Special Education and Rehabilitative Services
- Join us! Advocacy is more effective when individuals join together. Sign up for The Arc of Massachusetts’s action alerts and The Arc of the United States’ action alerts.
For More Information
Please reach out for more detailed information by contacting Nora Bent, Senior Director of Government Affairs and Advocacy, at nbent@arcmass.org.
