As President Donald Trump presses forward with his long-promised plan to dismantle the federal Department of Education, a new political battle is erupting in D.C. — not over teachers’ unions, not over curriculum wars, but over the fate of special education programs that millions of families rely on.
Advocates for children with disabilities — joined by several Republican lawmakers — are warning that while Trump aims to return power back to states, Washington must still honor its legal obligations to students protected under decades-old federal law.
The Education Department currently oversees roughly $15 billion in annual funding that supports children with disabilities, monitors whether states comply with federal law, and probes discrimination complaints. It’s one of the only functions in the department that legally cannot disappear without being reassigned somewhere.
McMahon Begins the Great Department Breakup
Education Secretary Linda McMahon has already begun moving the department’s elementary, technical, and international education offices to other agencies as part of Trump’s plan to shrink federal control. So far, the special education programs remain where they are — but officials refuse to guarantee they’ll stay.
That uncertainty has advocates sounding the alarm.
Stephanie Smith Lee — who once oversaw federal special education programs under President George W. Bush — warned:
“The last 50 years saw enormous progress. We cannot afford to slide backward now.”
Advocates fear that shifting special education oversight to an agency with little expertise could weaken federal enforcement, worsen inequality between states, and undermine services like speech therapy, early intervention, and individualized education plans.
Even Pro-Trump Lawmakers Want Guardrails
Some Republicans who fully support Trump’s push to “send education back to the states” say special education must remain protected.
Sen. Shelley Moore Capito, the top GOP senator overseeing federal education funding, said she personally called Secretary McMahon during the recent shutdown to ensure services wouldn’t collapse amid mass layoffs.
McMahon reportedly assured her:
- Funding will continue flowing, even with staff cuts
- Oversight won’t be crippled, despite the reductions
Rep. Kevin Kiley, chair of the House subcommittee over K-12 programs, said he’s open to restructuring the department — but only if the moves protect programs like charter school funding and support for students with disabilities.
McMahon Argues the Department Is No Longer Necessary
McMahon has repeatedly argued that the shutdown proved the agency’s irrelevance. She told CNN that before the Department of Education even existed, states still received IDEA (Individuals with Disabilities Education Act) funding and ran their programs.
But disability advocates counter that leaving the system primarily to the states risks deepening the already massive disparities in services across the country.
The Data: Many States Are Already Struggling
As of June:
- 30+ states and territories needed federal assistance to meet IDEA requirements for students ages 3–21.
- Roughly 20 states needed help meeting early-intervention rules for infants and toddlers.
- A handful of states were flagged as needing “intervention”, which can trigger improvement plans, oversight agreements, funding penalties, or — in extreme cases — Justice Department enforcement.
Katy Neas, a former deputy assistant secretary in the Biden administration and now CEO of The Arc, said federal technical assistance has been essential in pushing states to improve.
Shutdown Chaos: Layoffs Hit the Heart of Special Education Oversight
The shutdown created additional turmoil. Of the 135 employees in the Office of Special Education and Rehabilitative Services, 121 received layoff notices, according to court filings.
A federal judge temporarily halted the layoffs, but that freeze could easily be reversed — and the current government funding deal only blocks layoffs until the end of January.
If the special education office ends up absorbed into another agency, or forced to operate with a tiny staff, states may struggle to meet their obligations even if the laws remain intact.
Coordination Threatened: Breaking Up What Took Decades to Build
Special education oversight has long relied on close coordination with:
- The Office for Civil Rights
- K-12 administration offices
- Federal enforcement teams
Under Trump’s reorganization plan, K-12 offices have already been shifted to the Labor Department, and any future relocation of special education programs could isolate them from the civil rights teams that handle discrimination cases.
Smith Lee warned:
“It took decades to get these offices working together. Breaking that apart will erode the entire system.”
Bottom Line
President Trump’s drive to eliminate the Department of Education has triggered one of the biggest policy fights in decades — and special education is emerging as the most politically sensitive piece of the puzzle.
The Trump administration insists services will continue. Advocates warn that children with disabilities could slip through the cracks. Republicans are divided, Democrats are furious, and parents nationwide are anxiously watching what comes next.
One thing is certain:
The battle over special education may decide the fate — and the future — of the entire effort to shut down the Education Department.