Accountability and the Need for Reform
The debate surrounding the future of the U.S. Department of Education (DoE) is intensifying, with a growing divide between those advocating for its elimination and those defending its role as critical to educational equality. The problem is being framed as an us vs. them battle, where one side must be completely right and the other completely wrong.
But, as with many complex issues, the reality is more nuanced. The truth often lies somewhere in the middle, where the DoE’s impact is both incredibly positive and also in desperate need of improvements.
My Personal Story: The Fight for My Son’s Rights
Why should I speak on this issue? Because I am a mother to a child with disabilities, and I have been on the front lines of advocating for his rights. As a special education advocate, I’ve seen firsthand both the strengths and the failings of the U.S. Department of Education (DoE).
In 2015, I found myself battling my local school district for something as basic as feeding therapy for my son. The district denied it outright. When I reached out to the state agency for support, a contractor—who had no relevant qualifications and never even reviewed my son's records—dismissed my request as “not educational.” As I researched special education law and the obligation to provide feeding therapy, I found overwhelming evidence that it was not only educational but also legally required based on my son’s needs. Still, the state agency and my local district continued to ignore, harass, and deny my son the services he was entitled to.
I fought back—filing a lawsuit against the school district and submitting a civil rights complaint to the U.S. Department of Education. After 18 months of relentless effort, I won. The victory wasn’t just for my son—it set a precedent that benefited countless other children. But I want to be clear: it took 18 months of exhausting work. The system was designed to discourage families like mine. Despite the DoE’s critical role in turning the tides, their involvement was minimal during the fight.
I recount this journey in my book, Unwanted: Fighting to Belong, where I take a deeper dive into the struggle for disability rights in public education and the role of the DoE. It’s a personal story of how families must fight tooth and nail for protection, and it shines a light on both the positive and flawed aspects of the DoE. I encourage you to read it to understand the realities of navigating the system from someone who’s been there.
The Role and Necessity of the U.S. Department of Education
Established in 1979 under President Jimmy Carter, the U.S. Department of Education (DoE) plays a critical role in ensuring educational equity, especially for students with disabilities. Without federal oversight, many states could revert to the days when children with disabilities were routinely denied access to education. Before key laws were enacted, some states, including North Carolina, had laws that outright prohibited the education of students with disabilities.
One pivotal piece of legislation that changed the landscape for students with disabilities was the Education for All Handicapped Children Act, passed by Congress in 1975. This law mandated that states provide a Free Appropriate Public Education (FAPE) to all students with disabilities. FAPE is the right to receive an education that meets the individual needs of students with disabilities at no cost to their families. The law not only ensured education access but also set the foundation for future protections for students with disabilities.
Key laws like the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) all work together to safeguard the rights of students with disabilities. The Department of Education is responsible for ensuring compliance with these laws and providing oversight to make sure that children’s rights are upheld. Some of the DoE’s primary functions include:
Issuing Policy and Guidance: The DoE clarifies legal obligations under the Individuals with Disabilities Education Act (IDEA), Section 504, and other civil rights laws. IDEA mandates special education and related services for eligible children with disabilities, Section 504 protects against discrimination in programs receiving federal funds, and the ADA ensures equal access for people with disabilities.
Monitoring State Compliance: The DoE ensures that states uphold their responsibilities under IDEA and other disability-related laws. This includes monitoring state compliance and imposing funding consequences when states fail to meet legal requirements.
Investigating Civil Rights Violations: The DoE's Office for Civil Rights investigates systemic violations of civil rights, particularly in the realm of special education. The DoE steps in when students with disabilities are denied their rights, as seen in cases involving systemic failures in states like Texas, North Carolina, Florida, California, New York, Virginia, and others.
Providing Special Education Grants: The DoE allocates federal funds to support services under IDEA, from birth through high school. These grants help states offer special education services tailored to the needs of individual students, ensuring that those with disabilities receive the education they deserve.
Through these actions, the U.S. Department of Education is a non-negotiable safeguard for students with disabilities, helping to ensure that they receive the education and protections they are entitled to by law.
Thousands of Open Investigations into Special Education Violations
Right now, thousands of investigations into special education violations are ongoing across the country, conducted by the U.S. Department of Education’s Office for Civil Rights (OCR). Schools are failing students with disabilities at an alarming rate, and without federal oversight, there would be no system in place to hold them accountable.
Here’s a snapshot of just a few categories related to students with disabilities where complaints have been filed against local and state educational agencies seeking help and relief from the Department of Education:
1,894 cases of denial of Free Appropriate Public Education (FAPE)
538 cases of disability harassment
657 cases of denial of benefits
182 cases related to discipline
These numbers reflect only violations in elementary and secondary education. They do not include cases in postsecondary institutions. The full list of schools and districts currently under investigation is available, but what it reveals is deeply concerning: these issues are widespread.
In addition to special education violations, the OCR investigates other forms of discrimination under Title IX (which covers sex-based discrimination, including sexual harassment) and Title VI (which covers race, color, and national origin discrimination). Institutions named on the publicly available list are under investigation for failing to uphold these federal education protections.
The OCR’s 2023 annual report shows that they received 19,201 complaints—the highest number in their history. The majority of these complaints involved allegations of sex-based discrimination, followed by disability-based discrimination, and issues related to race and national origin. This overwhelming volume of complaints raises serious concerns about the OCR’s ability to effectively manage caseloads, pointing to staffing challenges and an understaffed system trying to address systemic failures. More importantly, it highlights the consistent, widespread failure of local and state agencies to follow the law in providing equal access to education.
Consider this: if control were handed entirely over to state and local agencies by eliminating federal oversight from the Department of Education, the outcomes would be disastrous for students with disabilities. The evidence is clear. States and local districts are already flouting federal law by denying children their rights and access to a Free Appropriate Public Education—rights that are mandated by federal law. The DoE, along with media scrutiny, remains the only counterbalance to hold them accountable. If the federal role is removed, parents will have nothing to turn to in the fight for their children’s rights. Without the DoE’s involvement, there would be even fewer safeguards for students, and the lawlessness we already see would become even more entrenched.
Specific Reforms Needed for the U.S. DoE
Rather than eliminating the DoE, we must focus on critical reforms to make it more effective, accountable, and responsive to the needs of students and families. Here are some key areas of reform:
1. Stronger Enforcement of IDEA & Civil Rights Protections
The DoE must take a more aggressive approach in holding states and districts accountable for violations of the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA).
Currently, even when states are found noncompliant, enforcement is weak, and consequences are minimal. The DoE must impose real penalties for noncompliance, including withholding federal funds when necessary.
Expand the Office for Civil Rights (OCR) investigative team and shorten investigation timelines. Many complaints remain open for years, leaving students without immediate relief. We need investigators to have boots on the ground in our schools - not simply reviewing documents in Washington, D.C.
2. Increased Funding and Removal of Special Education Funding Caps
Congress must increase funding for IDEA to fulfill the federal government’s original promise to cover 40% of the cost of special education services (currently funded at less than 15%).
State-imposed caps on special education funding—like those in North Carolina and Texas—must be eliminated to ensure students receive services based on need, not arbitrary budget constraints.
3. Transparent & Public Accountability Measures
Require states to publicly report on their compliance with IDEA and Section 504, including a breakdown of special education complaints, denied services, and state enforcement actions.
Increase transparency around how special education funds are used by school districts, ensuring they are allocated directly to student services rather than administrative overhead.
4. Improved Parent Support & Legal Recourse
Parents should not have to go through years of litigation just to secure basic services for their children. The DoE should establish an independent special education ombudsman office to provide direct assistance to parents navigating disputes.
Reduce the burden on parents in due process hearings by ensuring districts must prove they are providing a Free Appropriate Public Education (FAPE), rather than placing the burden on families to prove they are not.
5. More Inclusive Educational Options & School Choice for Students with Disabilities
Expand access to public and private school choice options specifically designed for students with disabilities.
Ensure private school choice programs uphold federal disability protections, so students do not lose their IDEA rights if they use scholarships or vouchers to attend private institutions.
By implementing these reforms, the Department of Education could fulfill its mission of protecting students with disabilities and ensuring equal access to education. Eliminating the DoE would only make things worse—reform is the solution.
A Call to Action: Reform, Not Elimination
The Department of Education is flawed. But eliminating it would leave children like mine, and millions of others, with even fewer protections. Instead of tearing it down, we must demand real reform. If you believe in protecting students with disabilities, use the email template below to contact your congressional representative.
Email Template to Send to Your Congressional Representative
Subject: Urgent Need for Special Education Reform & DoE Accountability
Dear [Representative’s Name],
As your constituent and a parent of a child with disabilities, I am deeply concerned about the current state of special education in our country. Thousands of students are being denied their legal right to a Free Appropriate Public Education (FAPE), and many families are left fighting an uphill battle to secure even the most basic services.
While some have called for the elimination of the U.S. Department of Education, I urge you to support meaningful reforms instead. Eliminating the DoE would remove the only federal oversight holding states and school districts accountable for serving students with disabilities. Instead, we need stronger enforcement, increased funding, and more transparency to ensure every child receives the education they are legally entitled to.
I ask you to advocate for the following critical reforms:
Stronger IDEA Enforcement – Ensure states face real consequences for failing to provide appropriate services to students with disabilities. OCR investigations must be resolved more quickly to provide relief to families in need.
Increased Special Education Funding – Congress must fulfill its promise to fund 40% of IDEA costs and remove state-imposed funding caps that limit services.
Transparency & Accountability – Require public reporting of special education compliance data and ensure funding is used for direct student support, not administrative costs.
Improved Parent Support & Legal Recourse – Establish an independent ombudsman for special education disputes and shift the burden of proof in due process hearings to school districts.
School Choice Protections – Expand options for students with disabilities while ensuring that private school choice programs uphold federal disability rights.
I urge you to take immediate action to strengthen oversight and protect the educational rights of students with disabilities. Families like mine should not have to fight for years just to access the services that are already guaranteed under the law.
Thank you for your time and your commitment to ensuring all students receive the education they deserve. I would welcome the opportunity to discuss this issue further. Please let me know how I can support legislative efforts in this area.
Sincerely,
[Your Name]
[Your City/State]
[Your Email]
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