As kids head back to school this August, federal changes to the education system are taking shape – with potential implications for Kentucky students. 

Although most of the public education system is planned and implemented at the state level, the special education system is regulated and funded by the federal government. The Individuals with Disabilities Education Act (IDEA) was established in 1990 to make sure that students with disabilities in the public school system receive the accommodations they need to be successful. Some of the key principles behind this federal law include:

  • Every child has the right to a Free and Appropriate Public Education (FAPE).
  • Instead of being isolated in the special education classroom, a child with a disability should be placed in the Least Restrictive Environment (LRE) and be included in the general education classroom as often as possible.
  • Every child with a diagnosed disability will receive an Individual Education Plan (IEP) that is a legally binding document to provide the specialized education that a particular child needs. 
  • Each family has a right to be a part of the decisions in their child’s education, including due process when a child’s special education rights are not granted, and the option to refuse special education services. 

Changes to the Office of Special Education

The federal special education system has always been housed in the Department of Education, since it is an essential component of the education system. In order for IDEA law to be implemented effectively, additional funding must be administered to state education systems and school systems must learn how to make accommodations for all students to get the best possible education based on their developmental needs. However, as the federal government moves forward with downsizing the Department of Education, the special education system will be moving to the Department of Health and Human Services. 

Currently, the Department of Health and Human Services is responsible for programs like the Center for Disease Control and Prevention (CDC), the National Institute of Health (NIH), and the Food and Drug Administration (FDA). Adding special education programs under its umbrella will be a shift from its traditional oversight, which could result in significant impacts for the special education community and raises important questions, including:

  • An emphasis on a medical viewpoint instead of educational oversight – A child with a disability has both medical and educational needs. A medical organization needs to supervise a child’s health care, but will medical specialists understand the best way to educate children? Will they know what accommodations teachers need to make in the classroom setting?
  • Accountability concerns – When special education is separated from the rest of the education system, how will school systems be assessed as a whole? Over 8 million children receive special education services nationwide – do we completely remove those children from the equation when we assess if schools are adequately serving the population?

Changes to the Office of Civil Rights

While IDEA is moving to the Department of Health and Human Services, the Office of Civil Rights (OCR) will also be moving out of the Department of Education into the Department of Justice. The Office of Civil Rights is responsible for enforcing different civil rights laws like the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. These acts ensure the rights of students with disabilities in the public school system, even if the children do not need time with a special education teacher. Moving these services away from the Department of Education could mean:

  • Conflicting information from multiple government agencies on how to best serve students with disabilities.
  • Slower response time for students who need a 504 Plan, or confusion on whether a student needs a 504 Plan or an IEP. 
  • A lack of consistency and family support across states if federal agencies do not provide the previous level of support. 

What’s next?

As this process moves forward, states will have to consider how they bolster their special education system to ensure all students get the quality education they need. Although funding is still being provided, accountability will not be the same as past years. Many states have relied on federal assessments to make sure the special education system is meeting requirements; however, states now need to consider their own accountability measures to make sure that:

  • Children with disabilities are being identified early and offered necessary supports.
  • Schools are correctly implementing Individual Education Plans and families have the opportunity to appeal if they disagree with the school’s decisions.
  • The Americans with Disabilities Act requirements are being carried out in all public schools.