March 21, 2025
Written by Natalie Hoernschemeyer, Grant Wiens & Josh Douglass
Yesterday, on March 20, 2025, President Donald Trump issued an executive order aimed at dismantling the U.S. Department of Education. The order directs the Secretary of Education to take necessary steps to return education authority to the states, effectively closing the federal department. The executive order states that activities related to students with disabilities under IDEA or Title I funding will continue without interruption during this transition, though it provides no details for achieving this continuity.
At this preliminary stage, the executive order on dismantling the Department of Education raises more questions than answers, as the scope of future federal action around changes to the U.S. Department of Education remains unclear. Initially established by Congress in 1979 under the U.S. Department of Education Organization Act, the Department cannot be unilaterally eliminated by the President. Any bill to shut down the Department must pass through votes in Congress and survive any subsequent legal challenges, potentially delaying implementation or reshaping the order’s trajectory.
Changing how certain programs and funding are delivered, however, are more likely to shift on an accelerated timeline. For instance, today the Administration announced that programs for students with disabilities would be shifted away from the U.S. Department of Education to the Department of Health and Human Services.
Along with the recent reduction in staff at the U.S. Department of Education, what do these announcements mean for school districts?
Below are some answers to common questions we are hearing from districts across the state.
Should we be concerned about federal funding?
Federal funding currently constitutes about 14 percent of public school budgets, primarily through programs like Title I, which supports schools in low-income areas, and the Individuals with Disabilities Education Act (IDEA), which ensures resources for students with disabilities. Although the order does not immediately terminate these funds, a successful closure of the Department could lead to disruption or reallocation of these federal dollars.
Is there any overlap with this recent executive order on dismantling the Department of Education and previous orders addressing Diversity, Equity, and Inclusion (DEI) programs?
Yes. Echoing previous executive orders that identified elimination of Diversity, Equity, and Inclusion (DEI) programs as an area of focus for the new administration, the executive order about the U.S. Department of Education includes a mandate to terminate any program or activity receiving federal assistance that is deemed to engage in “illegal discrimination” under described terms like “diversity, equity, and inclusion” or programs promoting “gender ideology.” This is likely to mean increased scrutiny of existing DEI programs, staff training, or curriculum elements related to gender identity. It is possible Districts will be required to make future adjustments to maintain eligibility for federal funding during the transition. Non-compliance could risk funding cuts or legal challenges from federal authorities, while compliance might spark local backlash or litigation from stakeholders who support such programs.
What effect may the federal layoffs have on open investigations against districts?
Districts should not assume that less staff necessarily means fewer investigations by the Department. The reductions in staff may reduce bottlenecks, resulting in even more investigations advancing. We have recently seen the Department move swiftly to address its priorities and there’s no reason to believe that the staff cuts will diminish these investigations.
Will states gear up to take on more enforcement/oversight responsibilities?
State education departments have their own obligations to ensure compliance with federal law but also have limited resources. There is no reason to think that the number or frequency of parental concerns will diminish, and, depending on resources, parents will pursue complaints through avenues they have the most faith in. If federal redress is not available, parents will likely pursue child complaints or lawsuits. States may have to add to existing resources to comply with mandated timelines in processing child or due process complaints.
Does this change any of the laws districts have to follow for students with disabilities? What laws must still be followed?
The rollback in the number of regulators does not rollback the regulations to be enforced. Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and Section 504 remain in full force and effect. Districts are still subject to the laws enforced by the Department, including federal civil rights laws. That said, the Department is likely to focus its remaining resources on priority areas. Skeptical parents may choose to forgo the Office of Civil Rights (OCR) complaints in favor of increased private litigation.
What will the closures of regional offices mean for districts?
Obviously, it will not be business as usual at the Department as the Administration looks to transition programs and activities to other parts of the federal government. It will be more difficult for those left in the Department to conduct on-site investigations or in-person technical assistance if regions are expanded. However, many investigations occur remotely. With the shuttering of some regional offices, districts in those regions are likely to engage with investigators unfamiliar with local concerns or state laws which intersect with federal obligations.
What else do you think districts should be doing now in light of these changes at the federal level?
To prepare for any funding disruptions, it may be prudent for districts to evaluate their dependence on federal programs like Title I, IDEA, and Charter Schools Program (CSP) grants. Engaging with your local educational authorities to understand contingency plans may also be appropriate. Additionally, strengthening internal policies to address potential shifts in civil rights enforcement can help mitigate legal risks in an uncertain regulatory environment.
Ultimately, public school districts should continue to focus on providing the best education to their students possible. Changes to program and staffing at the U.S. Department of Education do not change the mission of schools and providing educational environments free of discrimination is not just about preventing liability.
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