What happens to my child’s IEP if the U.S. Department of Education closes?

President Trump is planning to take executive action to restructure and reduce the functions of the U.S. Department of Education.¹ The ultimate goal is to close the department.²

That’s not something the president can do alone, however. The agency was created by law, and only Congress can close it or move major responsibilities to other agencies. It’s not clear if, how, or when the department would be shut down under the plan.

The president also can’t cut funding for education. The amount of funding is set by Congress. Instead, the executive branch, led by the president, determines how the money gets spent, which programs to support, and any rules and regulations that aren’t required by law.¹

In that way, the president’s plan could affect some programs related to special education, but not the core rights laid out in the law. Special education is a federal statute and a state mandate. Even if the U.S. Department of Education is reduced, the law is still in place. 

Here are answers to commonly asked questions about what’s happening: 

What is the U.S. Department of Education?

The U.S. Department of Education is part of the executive branch of the federal government. The agency oversees the federal student loan program and some funding for K–12 schools, among other programs. The department doesn’t run IEPs. But along with the states, it also enforces laws that protect students with disabilities in schools. 

Schools only get 6–13% of their funding from the federal government, and the amount is set by Congress. The rest comes from states and local districts.³

Much of the money that comes through the department supports the special education law that provides services to students with disabilities. That law is the Individuals with Disabilities in Education Act (IDEA).  

The department doesn’t run any individual schools or districts. Current law forbids the federal government from controlling the curriculum that states, districts, and schools use.⁴ But the proposed action includes withholding funding for schools that teach certain ideas.

While the contents of the order haven’t been released, there are steps the executive branch can take without the OK of Congress. These include:

• Rescinding all administrative guidance letters

• Directing the department to repeal regulations

• Reallocating funding, as long as it’s allowed by law

• Delaying funding 

The U.S. Department of Education was created by Congress in 1979. Federal support for education expanded greatly starting in the 1940s. Civil rights laws protecting students from discrimination emerged in the 1960s and 1970s. IDEA was passed in 1975. At the time, it was called the Education for All Handicapped Children Act.

What role does the department play in IEPs/504 plans?

The department doesn’t play a direct role in the individual plans that provide special education services and school supports to eligible students. But it does provide money to help districts support students through IDEA, the special education law. In that way, it does influence how IEPs end up being used.

But even with an executive order, the president can’t end the following without talking to Congress, because they’re part of the law:

• IEPs

• Special education funding

• Legal rights in statutes

504 plans are based on a civil rights law, the Rehabilitation Act of 1973. They arose as a practice to document what schools were doing in terms of discrimination. The U.S. Department of Education oversees and enforces this anti-discrimination law in schools that get federal funding.

What’s happening with the department right now?

Nothing, so far, other than a dozen or so employees being put on leave. The administration has confirmed that an order is in the works, but has not said when it will be released.

Is my child’s current IEP/504 plan still in effect?

Yes. For now, nothing has happened that would affect existing IEPs or 504 plans. These plans are created and run at the state, district, and school level. (504 plans are not from IDEA, the special education law, so they could be affected at some point.) 

If I’m in the middle of trying to get an IEP/504 plan, should I keep going?

Yes. The process for getting either type of plan from your child’s school hasn’t changed. Nor has the funding for these programs.

What happens if the U.S. Department of Education is dismantled?

It’s not clear, although some of its functions may move over to other federal agencies. That’s how it was before Congress created the U.S. Department of Education in 1979. The federal education office had been small and housed under different departments. 

Without knowing what’s in the plan, it’s impossible to predict what would happen to individual programs and functions if the department were to close. That includes federal student loans like Pell Grants that support low socioeconomic, first-generation college students through the FAFSA.

The department also serves as a reporting body, producing the annual Condition of Education report.

This story is developing. We’ll update it as new details emerge.