in Disability Advocacy, Federal and State Education Law, Special Education Policy

The Future of Special Ed in NY: NYSED Weighs in on the Changing Role of the U.S. Dept. of Education

Last week, representatives from the New York State Education Department addressed some concerns about the future of special education funding in New York. This webinar comes at an uncertain time, as President Trump has signed an executive order to close the U.S. Department of Education and threatens to cut funding to public schools that support diversity initiatives.

The webinar was hosted by the New York State Special Education Task Force. I have linked the video here and shared my notes below.

What is the New York State Education Department?

The New York State Education Department (NYSED) is the state agency responsible for overseeing all public education in New York, including pre-K through 12th grade schools, higher education, libraries, and professional licensing. Within NYSED, the Office of Special Education ensures that students with disabilities receive appropriate educational services under federal and state law. NYSED also administers federal education grants, monitors school district compliance, and provides policy guidance, technical assistance, and accountability through public reporting.

Despite Threats, Everything is “Business as Usual.”

The main takeaway from the webinar is that everything is “business as usual” for now. As of April 9, 2025, no federal statutes, regulations, or funding related to the IDEA have been amended, reduced, or eliminated. The IDEA framework remains intact. The U.S. Department of Education, including the Office of Special Education Programs (OSEP), continues to operate and provide oversight, technical assistance, and grant funding to states like New York.

What Happens if the US Department of Education is Dismantled?

The US Department of Education was created by Congress, and therefore can only be dismantled by an act of Congress, not by executive order. Even if the US Department of Education were to be dismantled, NYSED emphasized that New York State would still have a legal obligation to ensure the implementation of IDEA. The state would remain responsible for ensuring a free appropriate public education (FAPE) for students with disabilities.

What Should We Be Watching For?

While there have been no reported changes so far, NYSED noted four key federal-level actions to watch:

  1. IDEA funding cuts or redirection;

  2. Medicaid funding cuts that could impact services like occupational therapy, speech therapy, counseling, and special transportation;

  3. Proposed Amendments to IDEA, either to the statute or its regulations; and

  4. Any changes to the activities of the Office of Special Education Programs.

What About Section 504?

Section 504 of the Rehabilitation Act of 1973 still stands as a federal anti-discrimination law protecting students with disabilities. However, oversight of 504 is not under NYSED’s jurisdiction. That role belongs to the U.S. Office for Civil Rights. Additionally, the NYS Division of Human Rights enforces protections under state law, and many schools adopt due process procedures similar to IDEA to address 504 complaints.

NY’s Special Ed Quality Assurance Offices

Though IDEA funding supports staff across the NYSED Office of Special Education, there has been no reduction in staffing or operational changes to its Special Education Quality Assurance (SEQA) offices. These resources remain active and accessible to districts and families.

Stay Informed

NYSED encourages families to monitor developments on the Office of the NYS Attorney General’s press release page. If there are threats to IDEA or related funding, legal challenges will be listed there.

Even though there’s a lot of uncertainty at the national level, NYSED’s main message was that, for now, nothing has changed in New York. Special education laws are still in place, funding is still coming in, and both state and federal agencies are operating as expected. I’ll continue to share updates here on the blog as more information becomes available, so you can stay informed.

Write a Comment

Comment