By Lateefah S. Williams, Esq.
Imagine walking into the school where you’ve taught for the last decade and half your colleagues (teachers, aides, and support staff) are no longer there. You are told it will not affect student learning because all your remaining colleagues can do twice the amount of work in the same time span. Sound realistic?
Well, if not, then you should be more concerned than ever because that’s what’s currently happening at the U.S. Department of Education (ED), and special education students may have the most to lose.
What’s Going On?
On March 12, approximately half the employees who worked for ED were fired around the country without cause. Many of these employees worked in functions that support special education students. The drastic downsizing of ED will lead to less help, fewer resources, and, ultimately, more chaos.
The ED employees who measure student learning by collecting data or who make sure that grant money is appropriately spent on special education, low income, and other vulnerable groups are no longer there to do that function. Even if the remaining employees desire to help the students who need it the most, they will be vastly understaffed.
This lack of funding will trickle down to the classroom, like in my scenario above. Special education students are likely to lose the most because they often have multiple specialists that individual states just won’t prioritize.
It’s also noteworthy because ED is the government agency responsible for enforcing education-related civil rights laws, such as the Individuals with Disabilities Education Act (IDEA). This law mandates that students with disabilities will receive services and accommodations that allow them to be successful in school.
With fewer employees at the Department of Education, there will be fewer people checking to see that schools are actually putting these laws into effect. And when that happens, special education students may get left behind.
Why Does it Matter?
Here’s how these budget and job cuts could hurt students with disabilities:
Less Oversight – The Department guarantees that schools provide proper special education services. With less people, who is going to make sure schools are doing what they’re supposed to?
Funding Issues – Special education programs are financed through government funds, but if there are not enough staff members to manage that money properly, schools may end up getting less money, which could mean fewer teachers, fewer therapists, and fewer resources for students who need them.
Larger Class Sizes & Less Resources – If schools lose money, they may have to increase class sizes or cut down on certain programs.
Less Support for Families – Right now, if a school is not providing the right services to a child with disabilities, families can go to the Department of Education for help. But with so many layoffs, including in ED’s Office of Civil Rights, it could be harder to receive responses or the help they require.
If the school continues to disobey the law, that’s where a special education attorney can help.
How a Special Education Attorney Can Help
A special education attorney helps families fight for their child’s rights in school. If a school is not giving students the accommodations or modifications they need, an attorney can:
- Hold schools accountable – With fewer people at the Department of Education monitoring schools, families might have to fight harder to succeed. A special education attorney knows the law and can make sure schools don’t ignore their requirements.
- Offer Support with IEP and 504 Plans – If you are not getting the appropriate Individualized Education Program (IEP) or 504 Plan for your child, an attorney can make sure the plan is sufficient to meet their requirements.
- Speak on your behalf in disputes – If a school refuses to provide the appropriate services, an attorney can step in and negotiate for you or file a Due Process on your behalf.
If your child has disabilities and is not getting the education they deserve, consider reaching out to a special education attorney for help.
