As part of Donald Trump’s flurry of executive orders and initial actions of his second presidency, he has promised to get rid of the U.S. Department of Education.
This is horrible, cruel and illegal.
You may already know this, but one of the critical roles of the USDOE is to manage and supervise the states’ implementation of the Individuals with Disabilities Education Act (IDEA) and Congress’ funding of special education services for children with disabilities. IDEA is an act of Congress and only Congress can undo that law. 20 U.S. Code Sections 1400-1482.
In response to questions about what would happen to this funding and oversight of special education, the White House has suggested it might pass to the U.S. Department of Health and Human Services (HHS), which is now headed by Robert F. (“Bobby”) Kennedy, Jr. This is the same person who falsely advances the disproven conspiracy theory that the MMR vaccine causes Autism.
IDEA serves more than 7.5 million students in the U.S. According to the 2022 Annual Report to Congress from the USDOE, this population of students with disabilities receiving services broke down as follows:
Going further, the Department of Education was established as an Act of Congress. 20 U.S. Code Section 3411.
Thus, the President of the United States – regardless of who occupies that elected position – cannot eliminate the Department of Education via an executive order. Only Congress can repeal the law that created that agency. Any attempt by the President to do so is a violation of the Constitution because it ignores the separation of powers. Constitution Article I, Section 1: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
If President trump is permitted to dismantle the U.S. Department of Education unchecked, it would mean the elimination or, at best, a severe reduction in special education services to children with disabilities and their families. Not only does this violate Congressional mandate, but also several U.S. Supreme Court decisions including Endrew F. v. Douglas County School District RE-1, 580 U.S. 386 (2017).
This would be such a monumental blow to families of kids with disabilities it is immeasurable. It could mark the end of IDEA and the protections offered to those children and defeat the stated Congress purpose “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.” 20 U.S. Code Section 1400(d)(1)(A).
It is difficult enough with IDEA in place for parents to get services for their children with disabilities. SchoolKidsLawyer.com feels it is an abomination, even evil, for Trump (and Musk) to dismantle the very agency that serves this vital government purpose as stated by Congress. Most importantly, it is illegal.
Do whatever you can – call your Congressmember, protest, make podcasts, write to your news media, organize – to stop Donald Trump and Elon Musk from destroying the U.S. Department of Education. It could be life or death for your child’s survival in America.
Thank you for reading this.
Robert Thurston, SchoolKidsLawyer.com