Dear Clients,
Many of you have expressed concerns regarding President Trump’s rumored Executive Order directing the closure of the United States Department of Education (USDOE). The question being asked is whether the closing of this federal agency will affect your child’s right to a Free Appropriate Public Education and your right to sue the New York City Department of Education (NYCDOE) for tuition reimbursement. The answer to both of these questions is NO – if the USDOE closes or is reduced it will not impact the right to sue the NYCDOE for tuition reimbursement if it fails to offer your child an appropriate special education program.
In 1975, with unanimous bipartisan support, Congress passed the Individuals with Disabilities Act (“IDEA”). This law protects children with ‘educational handicapping conditions’ (meaning the child has an IEP). Among other things, this law gives parents the right to sue their school district for tuition reimbursement when their child is not offered a Free Appropriate Public Education (FAPE). It would take an Act of Congress to abolish the IDEA. If the USDOE is closed, it is anticipated that the administration of the IDEA will transfer to the United States Department of Health and Human Services.
According to the National Center for Education Statistics (NCES), about 15% of U.S. public school students (ages 3-21) receive special education services under the IDEA. This percentage is on the increase. This percentage includes the children, grandchildren, and family members of our elected officials and representatives, our justices, as well as some of the most influential citizens in our country. The rights of students with disabilities have always enjoyed the rare distinction of having near unanimous support from the United States Supreme Court, including the current conservative Roberts Court.
The USDOE was created in 1980 after the passage of the IDEA. Prior to the creation of the USDOE, monies allocated by Congress for education (both general education and special education) were administered by the Office of Health and Human Services and then paid directly to the states. The purpose in establishing the USDOE was to promote student achievement and protect access to education. Over the years billions of dollars have been spent in conducting studies, making broad policy determinations, and monitoring whether children with disabilities have equal access to education. On January 29, 2025, the results from the 2024 National Assessment of Educational Progress (NAEP) reported that at least 1/3 of all US public school students failed to read on grade level, the lowest such result in 32 years!
The amount of federal money that ultimately reaches local school districts is relatively small compared to the overall education budget that funnels to the USDOE. Most of the funding for K-12 schools comes from state and local governments. Federal funding is typically around 8-10% of the total funding for K-12 public schools. In New York City, $2.2 billion or 5.5% of the NYCDOE’s total $40 billion dollar budget comes from the federal government with the majority coming from New York City (57%) and New York State (37%).
Even with these low test scores, the USDOE does have value to many children with special needs and their families. This is particularly true in regions where there are no specialized private school options and students are completely dependent on their local school districts to provide them with the educational services they need. We recognize the need for oversight to assure that the most vulnerable students have access to appropriate programs in their public schools.
It is because of our concerns for all children that we at SKYERLAW support the Council of Parent Attorney and Advocates (COPAA). Senior Partner, Jesse Cutler is the newly appointed Chair of the Board of Directors of this national advocacy agency, which filed a lawsuit in the United States District Court for the District of Columbia challenging the firing of hundreds of investigators in the US Office of Civil Rights. We are closely following all possible changes. Read our newsletter and when we believe there is something of concern we will continue to alert you with a plan of action. But for right now all is good in our house while we continue to speak up for the rights of all children.
Warm Regards, –
Regina
JOIN COPAA (www.copaa.org)
