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The Department of Education and Special Ed: What to Know Before the Election

With elections just days away and discussions about major changes to federal education oversight making headlines, you might wonder what this could mean for your child's education.


Let's break down what's at stake and what it could mean for families like yours.



Why This Matters to Our Kids

Right now, the Department of Education helps ensure that children with disabilities get the education they deserve by:

  • Making sure schools follow special education laws

  • Providing funding for special education services

  • Protecting students' rights

  • Collecting data to see if schools are helping kids succeed

  • Giving states guidance on how to serve all students effectively


Basically, their role is to make sure that students with disabilities get a Free and Appropriate Public Education (FAPE) no matter where in the country they live.


For example, the graphic below shows the top five and bottom five states by number of formal dispute resolution events. Why do some states have so many more than others? Could it be due to the quality of special education implementation, parents’ awareness of their options, or how accessible the dispute process is in each state? Whatever the reasons, these differences highlight the wide range of experiences families and students encounter in special education across the country.


Rates of special education dispute resolution events per 10,000 students during the 2021-22 school year. These include written complaints, mediation requests, and due process complaints.  Source: CADRE (Center for Appropriate Dispute Resolution in Special Education), IDEA Dispute Resolution Data Summary for U.S. and Outlying Areas: 2011-12 to 2021-22

Rates of special education dispute resolution events per 10,000 students during the 2021-22 school year. These include written complaints, mediation requests, and due process complaints. Source: CADRE (Center for Appropriate Dispute Resolution in Special Education), IDEA Dispute Resolution Data Summary for U.S. and Outlying Areas: 2011-12 to 2021-22


What Could Change?

Some proposals suggest splitting these responsibilities among different government departments.


Imagine instead of having one point of contact for special education issues, you might need to:

  • Work with the Justice Department for civil rights concerns

  • Connect with Health and Human Services for some services

  • Navigate state agencies for funding questions

  • Deal with new organizations for other needs


For parents already juggling work, therapy appointments, and IEP meetings, this could make an already complex process even more challenging.


What This Could Mean for Your Child

Let's get practical about what changes might mean for families:


The Good News First

  • Special education laws like IDEA would still exist

  • States would still be required to provide special education services

  • Your child's right to an appropriate education would remain


The Concerning Parts

  • Different states might handle things very differently

  • Moving between states could become more complicated

  • Getting help when something goes wrong might take longer

  • Some states might have fewer resources for special education


Real Questions Parents Are Asking

As we talk with families in our community, we hear concerns like:

  • "Will my child still get their accommodations?"

  • "What happens if we need to move to another state?"

  • "Who would I call if the school isn't following the IEP?"

  • "Could my child lose services?"


These are valid worries that deserve careful consideration.


What Really Matters for Our Kids

While adults debate administrative structures, here's what actually matters for our children:

  • Getting the right support to learn and grow

  • Having teachers who understand their needs

  • Being included and accepted at school

  • Having their rights protected

  • Getting the services they need to succeed


What Can We Do as Parents?

As these discussions continue, here are some ways to protect your child's interests:

  • Keep detailed records of your child's services and progress

  • Stay informed about proposed changes

  • Connect with other parents in your community

  • Know your child's rights under current law

  • Continue advocating for your child's needs


Looking Ahead Together

Change can be scary, especially when it affects our children's futures. But remember: you're not alone in this journey. Whatever changes may come, our community of parents and caregivers will continue supporting each other and fighting for our children's needs.


The most important thing isn't the structure of government departments—it's making sure our kids get the education they deserve. That means maintaining:

  • Strong protections for our children's rights

  • Clear paths to get help when needed

  • Consistent standards across all communities

  • Support for families who need it most


Standing Together for Our Kids

As parents and caregivers of children with special needs, we know that navigating the education system takes persistence, courage, and hope. While policy discussions continue, let's stay focused on what matters most: ensuring every child gets the support they need to thrive.


Remember, whatever changes may come, you're not alone. Our community of parents and caregivers will continue working together to protect our children's right to learn and grow. Because at the end of the day, that's what this is all about—making sure our kids have every opportunity to reach their full potential.


Want to stay informed about how these changes could affect your child? We'll keep tracking these developments and sharing what they mean for families like yours. Together, we can make sure our children's needs stay at the center of these important discussions.

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