States must step in on education access
The Moral Imperative to Uphold the Individuals with Disabilities Education Act (IDEA)
In a bold move that has sent ripples through the educational landscape, President Donald Trump is actively pursuing the dismantling of the U.S. Department of Education, aiming to transfer its responsibilities to individual states. This initiative, while aligning with a vision of localized control, raises pressing questions about the future of federal educational mandates, particularly the Individuals with Disabilities Education Act (IDEA).
Established in 1979, the Department of Education has been a central figure in shaping national educational policies, administering federal funding, managing student loans, and ensuring compliance with federal laws like the Individuals with Disabilities Education Act (IDEA). The proposed dissolution of the department signifies a monumental shift, entrusting states with greater autonomy over educational governance.
IDEA mandates that children with disabilities are entitled to a Free Appropriate Public Education (FAPE) tailored to their unique needs. Historically, the federal government, through the Department of Education, has played a pivotal role in overseeing and enforcing IDEA compliance, ensuring that states adhere to standardized requirements.
The Risk to our Children
The potential closure of the U.S. Department of Education poses significant risks to students with disabilities, primarily due to the anticipated absence of federal oversight. The Department has been instrumental in enforcing IDEA, ensuring that students with disabilities receive FAPE tailored to their unique needs. Without federal oversight, there is a substantial risk that states may not uniformly uphold these standards, leading to disparities in educational quality and access.
Recent data underscores the challenges already present in state-level compliance with IDEA. In 2024, the U.S. Department of Education's Office of Special Education Programs (OSEP) released its annual determinations, revealing that only 20 states and the Republic of the Marshall Islands earned the highest rating of "meets requirements." This number is down from 22 states the previous year. Consequently, 38 states, territories, and the District of Columbia were categorized as "needs assistance" in implementing special education requirements and improving student outcomes. For states categorized as "needs assistance" for two or more consecutive years, the Education Department must take enforcement actions, including requiring the state to access technical assistance, designating the state as a high-risk grantee, and directing the state to set aside funds to improve in lower-performing areas.
These statistics highlight the critical role of federal oversight in maintaining and enforcing educational standards for students with disabilities. Without the Department of Education's guidance and enforcement capabilities, there is a heightened risk that non-compliance issues will go unaddressed, leading to significant disparities in the quality of education that students with disabilities receive across different states.
In the absence of federal oversight, state leaders must proactively commit to upholding the principles of IDEA. This includes establishing robust monitoring systems, allocating adequate resources, fostering inclusive educational environments, and engaging with stakeholders to ensure that the rights and educational opportunities of students with disabilities are protected and advanced.
The potential dissolution of the Department of Education serves as a clarion call for state governments to reaffirm their dedication to educational equity. The future of countless students with disabilities hinges on the unwavering commitment of state leaders to uphold the standards and protections that have been established to ensure their right to a quality education.
The Imperative for State Leadership
With the potential absence of federal oversight, the onus falls squarely on state governments to uphold the principles of IDEA. This transition is not merely a bureaucratic shift but a moral imperative to protect the rights and futures of students with disabilities.
State leaders must proactively embrace this responsibility by:
Establishing Robust Monitoring Systems: Develop comprehensive frameworks to ensure that local educational agencies (LEAs) comply with IDEA mandates, providing necessary support and interventions where needed.
Allocating Adequate Resources: Dedicate sufficient funding and resources to special education programs, ensuring that the quality of education for students with disabilities is not compromised.
Fostering Inclusive Educational Environments: Promote policies that encourage the inclusion of students with disabilities in general education settings, reflecting the least restrictive environment principle of IDEA.
Engaging Stakeholders: Collaborate with parents, educators, and advocacy groups to create a transparent and responsive educational ecosystem that addresses the diverse needs of all students.
A Call to Action
The potential decentralization of educational oversight presents both challenges and opportunities. State leaders are now at a crossroads, with the power to either uphold the foundational principles of educational equity or risk the erosion of hard-fought gains for students with disabilities.
It is imperative that, even in the absence of federal oversight, states remain steadfast in their commitment to IDEA. The future of countless students depends on the unwavering dedication of state governments to provide an inclusive, equitable, and high-quality education for all.
As the educational paradigm shifts, let this be a message to state leaders: Embrace this responsibility with the gravity it deserves, ensuring that every child, regardless of ability, has access to the education they rightfully deserve.
Jake Fishbein is the co-founder and CEO of Highlighter, an AI program which helps guide and write individualized education plans (IEP) for families, tailored to specific school districts. Highlighter launched in September and is available in Maryland, Washington, D.C., Virginia, and an expanding roster of states. Fishbein is a veteran educator and civic technologist.
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As someone with ties to IDEA educators, let me tell you significant disparities exist and have existed for some time across states. I am in a blue state, bordered by a red state. Occasionally parents will move across the border, seduced by what they believe are lower taxes (they turn out not to be) and lower house prices. They almost all come screaming back to the blue state because the education for their disabled child is so much worse.