In line with his goal to reduce federal oversight and streamline government agencies, on March 20, President Donald Trump signed an executive order directing the Secretary of Education to begin dismantling the U.S. Department of Education.

The DOE  currently oversees key legislation such as the Individuals with Disabilities Education Act, which guarantees students with disabilities access to a free public education and related services. Critics argue that removing federal oversight or transferring the DOE’s responsibilities could weaken IDEA’s enforcement and create inconsistent access to support across states. 

“States that have more funding would be able to provide more for their special education population, whereas states with less funding wouldn’t be able to provide the funds to sustain a program,” said Deshima Smith, a 504 facilitator. “I do feel that some students would receive better special education services because it would be contingent upon the state’s funding.”

The Department of Health and Human Services is expected to assume many of the Department of Education’s responsibilities if the agency is dismantled. 

“If the government does what they say, they’re gonna do and move special programs to the Department of Health and Human Services,” a special education teacher in the Frisco Independent School District said. “I have no problem with that, because I think a lot of these programs, like 504 programs and special education programs, if done correctly, could function in the Department of Health and Human services just fine.”  

However, others remain skeptical of this transition. 

“I think it’s gonna have a negative effect, mainly because the Department of Education is already understaffed, and the Department of Health and Human Services is also understaffed,” said Jordan Wheatley, a candidate running for Texas’ District 3 seat against Ketih Self. “You have a regime that’s currently cutting positions instead of increasing positions, which makes it harder to roll out that funding and harder to roll out critical things for schools that are in need, the way it is.” 

Section 504 of the Rehabilitation Act, a civil rights law protecting students with disabilities, is not governed directly under the DOE. Responsibility for enforcement of the law would shift to the Office for Civil Rights within the Department of Health and Human Services, which in April, has already cut 10,000 employees positions.

Though it remains unclear how the DOE will be dismantled, many expect a reduction or removal of funding and accommodations, a potential loss that students who rely on these resources are concerned about.

““If it was up to the state they wouldn’t give the same accommodations,” Sebastion Pawlik said. “If my 504 plan were to be taken away, I would probably get really bad grades and it would be harder for me to learn.”