Dismantling Department of Education could worsen inequities for students with disabilities, researchers say

The national shortage of special education teachers and inequities affecting students with disabilities could worsen due to the dismantling of the U.S. Department of Education, according to the Education Law Center (ELC).

During a Feb. 25 webinar, education researchers, advocates, and former federal officials discussed what the reduced federal oversight of special education could mean for students with disabilities.

Under the Individuals with Disabilities Education Act (IDEA), the federal government plays multiple oversight roles — including monitoring state compliance, investigating disability discrimination, collecting data, among other responsibilities, said Cara Jackson, research manager at the Center for Outcomes Based Contracting.

Jackson said during the webinar that in the absence of federal oversight, persistent challenges — including delays in service delivery, gaps in parental protections, staffing shortages, and racial disparities in the identification and discipline of students — could be addressed unevenly.

“The evidence that we reviewed suggests that reducing federal monitoring or restructuring IDEA funding could weaken protections for students with disabilities and put service quality at risk, especially for the children with the greatest needs,” Jackson said. 

According to research presented by ELC, special education faces nearly twice the number of vacancies compared to other subject areas, and more than 70% of schools struggle to fill positions with fully certified teachers.

Some states have responded to shortages by lowering certification requirements for teachers. However, the presenters said the research on alternative routes to special education preparation is mixed. According to research presented by ELC, teachers who enter the field through alternative certification pathways are roughly 25% more likely to exit the profession.

Instead, states should focus on educators’ working conditions, as these are the strongest predictors of retention. According to ELC, special education teachers face excessive paperwork, handle large caseloads, have less planning time, and struggle with ambiguity around their roles.

“If we invest in faster pipelines to get teachers into classrooms while then ignoring the structural conditions that drag them out, we risk accelerating turnover and not building a sustainable workforce,” said Alyn Turner, senior director of the nonprofit Research for Action.

Turner also discussed the body of research documenting persistent racial disparities in identification rates and placement decisions for special education students. Black students, for example, are disproportionately identified with emotional disturbance or intellectual disabilities and are more likely to be placed in restrictive educational settings, according to the ELC webinar, compared to similar income white students.

“I think there really is enough evidence — in my read — to suggest that there’s potential bias in referral and evaluation systems,” Turner said.

The Department of Education has proposed to eliminate requirements for states to report racial inequities in special education.

“In relation to disproportionality and the staffing issues, these are not just, in my mind, these are not just compliance issues. They are system design issues,” said Valerie Williams, former director of the Office of Special Education Programs (OSEP) at the Department of Education.

Williams described oversight capacities at her former office as “fragile” due to staffing shortages.

“When there is disruption, when there is turnover, when there is the level of uncertainty that we have now, the states will not get that consistent technical assistance, they won’t get that consistent oversight or thought partnership,” Williams said. “And to be honest, even at full staffing, OSEP is relatively small if you look at the scale of OSE’s responsibilities.”

Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, said that weakening federal oversight has shifted more responsibility onto advocates and families to ensure compliance.

“They’re saying that race doesn’t matter, that we’re not going to do anything to investigate discrimination claims, we’re not going to track whether or not the disproportionality in discipline is happening,” Marshall said. “We know it’s happening, and we know it’s happening a lot, but they’re not going to take any actions or require that the states do so.”

Marshall said some states have stepped up to strengthen their own oversight capabilities and IDEA enforcement systems, but she advocated for continued pressure on the federal government.

Jackson said that significant research gaps remain, particularly on special educator preparation and how to translate policy changes into better student outcomes.

“I see this kind of education research as very much a public good that requires federal investment, to keep it going and to get it used in practice,” Jackson said.

You can watch the full ELC webinar below: