Special Education in California
The recent discussions around dismantling the Department of Education have sparked meaningful conversations about the future of special education. This has prompted me to explore the protections, funding, and resources available here in California. While the impact of any federal changes remains uncertain, one thing is clear: the more informed and equipped we are, the better positioned we’ll be to advocate for our children, our families, and our communities. Together, we can face any changes with confidence and continue to ensure the best outcomes for those we care for.
The Role of The Department of Education
One of the many roles the Department of Education is currently responsible for is enforcing IDEA. The complete IDEA statute is in the Office of the Law Revision Counsel, United States Code.
“The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.
IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 8 million (as of school year 2022-23) eligible infants, toddlers, children, and youth with disabilities.
Infants and toddlers, birth through age 2, with disabilities and their families receive early intervention services under IDEA Part C. Children and youth ages 3 through 21 receive special education and related services under IDEA Part B (Individuals with Disabilities Education Act, 2024).”
The U.S. Department of Education’s Office for Civil Rights is also responsible for enforcing the Rehabilitation Act of 1973, Section 504 and Americans with Disabilities Act of 1990, Title II rights of IDEA-eligible students with disabilities.
More information about the additional federal laws the Department of Education works to enforce, from Individuals with Disabilities Education Act, 2024.
“Rehabilitation Act of 1973 - Section 504 and Americans with Disabilities Act of 1990
The Rehabilitation Act of 1973, Section 504 addresses protections for students with disabilities. Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the department.
OCR enforces section 504 in public elementary and secondary schools.
Section 504 states: “No otherwise qualified individual with a disability in the United States… shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”
Title II rights of IDEA-eligible students with disabilities
OCR also enforces Title II of the Americans with Disabilities Act of 1990, which extends protection against discrimination to the full range of state and local government services, programs, and activities including public schools regardless of whether they receive any Federal financial assistance.
OCR shares in enforcement of Title II of the Americans with Disabilities Act with the U.S. Department of Justice.
For more on the Americans with Disabilities Act, visit www.ada.gov.”
In addition to protecting students with disabilities, IDEA also provides formula grants (to support special education and related services and early intervention services) and discretionary grants (to support research, demonstrations, technical assistance and dissemination, technology development, personnel preparation and development, and parent training and information centers).
The Department of Education’s Office of Special Education Programs monitors and supports states as they comply with IDEA. This office uses state performance plans and annual reports to measure results and compliance indicators. They also make annual determinations on how well each state meets requirements under Part B and Part C of the IDEA. The office is also responsible for differentiated monitoring and support to states. More detailed information, including performance reports and state-collected data, can be found on the IDEA website, linked here.
Federal contributions only cover a portion (typically around 10–15%) of the total cost of special education services per state. The bulk of special education funding in California comes from the state's General Fund, which includes state aid, specialized programs, and legislative decisions. Local funding and property taxes cover the rest of the costs associated with special education services. Advocacy is critical to ensuring adequate funding and resource allocation for special education programs.
How might things change if the Department of Education is dismantled?
If the DoE is dismantled, it is impossible to say exactly what will happen. However, with changes to the current structures, the allocation and management of the funds sent by the federal government may change or face reductions. California would need to either absorb the costs of federally funded programs or reallocate state resources. This may pressure the state budget and affect service delivery unless new systems are implemented.
The state of California would also need to take full responsibility for monitoring compliance with special education laws. This could vary depending on the state’s priorities and resources, potentially leading to inconsistencies in service quality. California could continue to provide special education services independently, potentially expanding state funding to fill gaps left by federal funding loss. However, the potential disruptions to services provided are difficult to predict. California has robust state-level protections for students with disabilities through laws like the California Education Code and Section 504 of the Rehabilitation Act. Even without federal oversight, these laws would remain in place unless changed by the state.
Another potential variable for how services and access might be impacted is what local school districts decide to do. Without federal oversight, local school districts may have more autonomy in deciding how to allocate resources for special education. This might lead to variability in services across districts. Caregiver advocacy will play a larger role in ensuring that districts uphold students' rights and provide necessary services. Joyscape clients are encouraged to refer to our caregiver resource site for referrals provided by other families for advocates in these instances.
What are things we can do now?
The best things we can do now are stay informed and be prepared. Understanding what changes are proposed to the agencies that govern and monitor special education resources will allow us to better anticipate and advocate for our children's and client’s needs. One way we can do this is to join parent advocacy groups to push for state funding and protections for special education.
Here is a list of California-specific groups that work to aid these causes.
Community Alliance for Special Education (CASE)
San Francisco, CA
Provides special education advocacy services, empowering students and families to navigate public school systems and ensure equitable access to resources
California Association for Parent-Child Advocacy (CAPCA)
Sacramento, CA
A strong voice in California for special education parents and disability professionals, focusing on legal advocacy and policy change.
California Special Needs Advocacy (CSNA)
San Jose, CA
Offers advocacy services to students and families, ensuring access to education as entitled under California and federal laws.
Various Locations, CA
Provides support groups, resources, educational materials, and advocacy for families of children and youth with disabilities across California.
Council of Parent Attorneys and Advocates (COPAA)
National Organization
A national organization with members in California dedicated to protecting the legal and civil rights of students with disabilities and their families.
San Jose, CA
A nonprofit organization that supports families of individuals with special needs by providing resources, services, and peer-to-peer support.
Sources
OLRC Home. (n.d.). https://uscode.house.gov/browse.xhtml
Individuals with Disabilities Education Act. (2024, November 5). About IDEA - Individuals with Disabilities Education Act. Individuals With Disabilities Education Act. https://sites.ed.gov/idea/about-idea/
