What You Need to Know About the Executive Order To Close The Department of Education
March 2025 - First Update
On March 20, President Trump issued an executive order calling for the closing the U.S. Department of Education “to the maximum extent appropriate and permitted by law.” The Secretary of Education has been assigned to lead this effort.
In addition, the Administration indicated that the Individuals with Disabilities Education Act (IDEA) may be moved to the U.S. Department of Health and Human Services.
However, these actions have raised questions and concerns about the legality of the executive order as the elimination of a federal department, as well as the transferring of a program to another agency, would require passage of legislation by Congress. This will likely be challenged in federal court.
How does this impact our community?
While it is not clear the effect these changes will have on special education programs long-term, or if the executive order is eventually overturned by the judiciary, it DOES NOT end federally protected rights, policy, or funding under IDEA.
Since there are few details available on how this executive order will be implemented, the Tourette Association of America believes now is the time for families to contact their congressional delegation to voice their concerns.
When speaking with these offices, and in addition to telling your personal connection to IDEA, it’s important to highlight the following:
- The U.S. Department of Education provides critical support and leadership for students with disabilities.
- The Department of Education is key to ensuring equal access to education for all students, including those with disabilities.
- Moving IDEA to an inexperienced federal agency and staff could have adverse effects on enforcement of special education funding and policies.
- Separating IDEA from the Department of Education programs could likely result in the needs of students with disabilities not being a priority in most education policies.
Section 504- https://www.ed.gov/laws-and-policy/individuals-disabilities/section-504
December 2025 – Second Update
Last month, the US Department of Education proposed moving key offices, including the Office of Special Education and Rehabilitative Services (OSERS) and the Office of Civil Rights (OCR), to other federal agencies in the Administration’s ongoing efforts to close the Department of Education.
In addition to these proposals, major staffing reductions have made it difficult for these offices to fulfill their missions to serve students with disabilities, including for those living with Tourette Syndrome or a Persistent Tic Disorder.
While it is not clear the effect these changes could have on special education programs long-term, it DOES NOT end federally protected rights, policy, or funding under the Individuals with Disabilities Education Act (IDEA). However, this action does violate federal law as Congress must approve these plans.
Now is the time for you to contact your congressional delegation to voice your concerns. This year marks the 50th anniversary of IDEA, and your support is needed more than ever!
When speaking with these offices, and in addition to telling your personal connection to IDEA, it’s important to highlight the following:
- The U.S. Department of Education provides critical support and leadership for students with disabilities.
- The Department of Education is key to ensuring equal access to education for all students, including those with disabilities.
- Moving IDEA to an inexperienced federal agency and staff could have adverse effects on enforcement of special education funding and policies.
- Separating IDEA from the Department of Education programs could likely result in the needs of students with disabilities not being a priority in most education policies.
Below is a suggested draft letter we recommend signing and sending to your delegation. Contact your elected officials today!
