To access this toolkit in plain language click here! Continue reading below for the NDSS Department of Education Advocacy Toolkit.
Overview
We are aware of the President's statements that programs for students with disabilities will be moved to the Department of Health and Human Services (HHS) immediately. We are actively monitoring what this transition may look like and will update the community accordingly. NDSS opposes any efforts to abolish or otherwise undermine the Department of Education and its work to provide a free appropriate public education free from discrimination to students with Down syndrome and other disabilities.
The Department of Education is a federal agency that supports state and local education agencies by promoting access to quality education for all students. The Department of Education is responsible for enforcing and implementing federal education programs, like the Individuals with Disabilities Education Act (IDEA), which guarantees free appropriate public education (FAPE) to qualified students with disabilities. While the federal government provides guidance and funding, much of the decision-making in education happens at the state and local levels. State and local education agencies are responsible for setting curriculum, graduation requirements, and teacher certification requirements.
Within the Department of Education there are several offices that promote education for students with Down syndrome and other disabilities. These include:
- Office of Special Education Policy (OSEP)
- Responsible for distributing IDEA funds to states
- Monitors states’ special education programs to ensure they are following the law
- Provides technical assistance to states to help provide high-quality special education
- Office of Civil Rights (OCR)
- Enforces civil rights laws, including Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA)
- Ensures that students with disabilities are not discriminated against in public schools and provides avenues for legal recourse when they feel they have been discriminated against
- Collects data on instances of discrimination in schools every other year through the Civil Rights Data Collection (CRDC)
- Institute for Education Sciences (IES)
- Conducts research, including special education research, to provide teachers with evidence-based methods to support them in providing FAPE to students with disabilities
Executive Order
The Administration has signed an Executive Order (EO) directing the Secretary of Education to “take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities”. The Secretary of Education, Secretary McMahon, will now work with other elected and federal officials to abolish or relocate programs that are currently housed in the Department of Education. Secretary McMahon has previously suggested that some special education programs might fit better under the Department of Health and Human Services (HHS). Additionally, on Tuesday, March 11th, it was reported that a significant number of staff at the United States Department of Education were released from their jobs.
The United States Department of Education plays a critical role in safeguarding the provision and oversight of special education services to millions of students with Down syndrome and other disabilities. IDEA was originally passed as the Education for All Handicapped Children Act in 1975. The Department of Education was established in 1979 and has worked to ensure accountability, provide resources, and distribute funds to help improve education outcomes for students with Down syndrome since its inception.
IDEA and Section 504 are civil rights laws that guarantee a quality education for students with disabilities. These programs should remain in a dedicated body with staff committed to improving educational outcomes for all students, not moved to other federal agencies with different priorities. The Department of Education and its staff have the necessary knowledge, experience, and responsibility to ensure students with disabilities have access to specialized instruction, accommodations, and relevant services in schools. Moving the core functions of the Department of Education to another Department or agency could result in severe disruptions in service delivery and quality of education. NDSS opposes any efforts to abolish or otherwise undermine the Department of Education and its work to provide a free appropriate public education free from discrimination to students with Down syndrome and other disabilities.
It is important to note that the President cannot abolish an agency without an act Congress. The Executive Order directs Secretary McMahon to facilitate the closure of the Department of Education “to the maximum extent appropriate and permitted by law”. This directive, in addition to widespread staff cuts, puts special education programs like IDEA and Section 504 at risk of being majorly impacted.
How YOU Can Advocate for the Department of Education
Use our Action Alert!
Some attempts to abolish or undermine the work of the Department of Education would need approval from Congress, so it’s important to share your stories with your Representative and Senators. You can use the action alert below to contact your Members of Congress. NOW is the time to share your stories about special education to ensure these crucial programs stay in place!
Call your Members of Congress!
In addition to contacting your Members of Congress through our Action Alert, we encourage you to share your stories by calling the offices of your congressional delegation. You can contact your Members of Congress by calling the Capitol Switchboard at 202-224-3121 or by finding their direct number on their website! Here is a script you can use:
“Hi, my name is ______, I am your constituent, and I am a (student with a disability / former student with a disability / family member of someone with a disability). I am calling to make you aware of how abolishing the Department of Education or significantly cutting staff will affect (me / my family / my community). The Department of Education is responsible for making sure my state is providing special education to students with disabilities. A strong Department of Education has provided special education to students with disabilities with bipartisan support for decades. Keeping this agency open with sufficient staff is important to make sure that (I / my family member / my community) can receive the education guaranteed to them by federal law. Thank you for considering my views.”
Partner Resources
- Why Protecting IDEA and US Department of Education is Essential for Students with Disabilities – National Down Syndrome Congress
- The Department of Education Helps Students with Disabilities. Don’t Let It Disappear – Op-Ed from The Arc President, Katy Neas.
- Fact Sheet: Federal vs. State Roles in Special Education – Council for Exceptional Children
Plain Language Toolkit
Thie below was created with simplified language to help readers with and without disabilities learn more about changes to the Department of Education. If you have any questions about the information on this page, please email policy@ndss.org.
Overview
The Department of Education is part of the federal government. It makes sure that every student has access to education including special education for students with disabilities. Laws like the Individuals with Disabilities Education Act (IDEA) make sure that students with disabilities get a free appropriate public education. This is also called FAPE. States also have an important job when it comes to education. States decide what students learn, what students need to do to graduate, and what teachers need to do to become teachers.
The Department of Education has small offices within it that do important work. These offices do important jobs like:
- Give money to states to teach special education
- Create and share resources with special education teachers
- Research ways to make education better
- Make sure that states are treating students with disabilities fairly
Executive Order
The current Presidential Administration has signed an Executive Order that affects the Department of Education. An Executive Order is instructions from the President that tells the government what to do. Executive orders are not new laws. They are just new instructions that the government has to follow.
This Executive Order tells the Secretary of Education to work to close the Department of Education. Secretary McMahon will work with others to end or move programs that are currently run by the Department of Education. Secretary McMahon has said before that some special education programs might be better in the Department of Health and Human Services (HHS). The Department of Education has also fired a lot of their staff.
The Department of Education does important work for students with disabilities. The people who work at the Department of Education are the best people to do the job. They have skills and information that make them good at their jobs. NDSS does not support eliminating the Department of Education or making it smaller. Special education programs are important for students with disabilities. Making big changes to the Department of Education could hurt students with disabilities.
How YOU Can Advocate for the Department of Education
Contact your Members of Congress and tell them to protect the Department of Education! Tell them how important special education programs are to students with disabilities.
You can also call your Members of Congress and tell them about why they should protect special education programs. You can call your Members of Congress by calling the Capitol Switchboard at 202-224-3121 or by finding their direct number on their website! Here is what you can say:
“Hi, my name is ______, I am your constituent, and I am a (student with a disability / former student with a disability / family member of someone with a disability). I am calling to make you aware of how abolishing the Department of Education or significantly cutting staff will affect (me / my family / my community). The Department of Education is responsible for making sure my state is providing special education to students with disabilities. A strong Department of Education has provided special education to students with disabilities with bipartisan support for decades. Keeping this agency open with sufficient staff is important to make sure that (I / my family member / my community) can receive the education guaranteed to them by federal law. Thank you for considering my views.”