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How the U.S. Education Department's Oversight Supports Students with Disabilities: A Policy Review. Research Evidence against Dismantling the U.S. Education Department: How to Support Students with Disabilities

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Title: How the U.S. Education Department's Oversight Supports Students with Disabilities: A Policy Review. Research Evidence against Dismantling the U.S. Education Department: How to Support Students with Disabilities
Language: English
Authors: Cara Jackson, Education Law Center (ELC), Research for Action (RFA), Southern Education Foundation (SEF), Center for Outcomes Based Contracting (OBC)
Source: Education Law Center. 2026.
Availability: Education Law Center. 60 Park Place Suite 300, Newark, NJ 07102. Tel: 973-624-1815; Fax: 973-624-7339; e-mail: elc@edlawcenter.org; Web site: http://www.edlawcenter.org
Peer Reviewed: N
Page Count: 17
Publication Date: 2026
Document Type: Reports - Evaluative
Education Level: Elementary Secondary Education
Descriptors: Public Agencies, Federal Government, Students with Disabilities, Educational Legislation, Equal Education, Federal Legislation, Program Evaluation, Compliance (Legal), Special Education, Civil Rights, Data Collection, Educational Research, Agency Role, Elementary Secondary Education
Laws, Policies and Program Identifiers: Individuals with Disabilities Education Act
Abstract: The Individuals with Disabilities Education Act (IDEA) is the cornerstone federal law that protects the educational rights of infants, toddlers, children, and youth with disabilities. Enacted in 1975, IDEA guarantees that eligible students receive a free appropriate public education (FAPE), tailored to their individual needs, and provided in the least restrictive environment (LRE). Today, IDEA serves millions of children nationwide, from birth through age 21, and is one of the largest and most important federal investments in K-12 education. IDEA is a federal grant program through which states receive funding in exchange for meeting legal requirements related to service delivery, fiscal management, data reporting, and the protection of students' and families' rights. Federal oversight plays a central role in how IDEA functions in practice. Within the U.S. Department of Education (USED), the Office of Special Education Programs (OSEP), the Office for Civil Rights (OCR), and the Institute of Education Sciences (IES) monitor compliance, enforce civil rights protections, evaluate program effectiveness, and collect critical data. Monitoring reports and evaluations consistently show that many states struggle to meet IDEA requirements on their own, particularly in areas such as dispute resolution, fiscal oversight, data quality, discipline practices, and the transition from early intervention to preschool services. Federal monitoring has been a key driver of identifying these problems and prompting corrective action by states. Evidence from OSEP monitoring, IES studies, and Government Accountability Office (GAO) reports suggests that without strong federal oversight, longstanding issues--such as delays in services, uneven enforcement of parental rights, shortages of qualified staff, and racial and ethnic disparities in identification and discipline--are unlikely to be addressed consistently across states. GAO findings also show that while the Department of Education has generally acted on recommendations to improve IDEA administration, many necessary changes ultimately require Congressional action that has not yet occurred. In short, IDEA's effectiveness depends not only on funding levels but also on federal standards, oversight, and enforcement. The evidence reviewed in this document suggests that reducing federal monitoring or restructuring IDEA funding would likely increase variation across states, weaken protections for students with disabilities, and put service quality at risk--particularly for children with the greatest needs.
Abstractor: ERIC
Entry Date: 2026
Accession Number: ED680394
Database: ERIC
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  Data: Education Law Center. 60 Park Place Suite 300, Newark, NJ 07102. Tel: 973-624-1815; Fax: 973-624-7339; e-mail: elc@edlawcenter.org; Web site: http://www.edlawcenter.org
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  Data: The Individuals with Disabilities Education Act (IDEA) is the cornerstone federal law that protects the educational rights of infants, toddlers, children, and youth with disabilities. Enacted in 1975, IDEA guarantees that eligible students receive a free appropriate public education (FAPE), tailored to their individual needs, and provided in the least restrictive environment (LRE). Today, IDEA serves millions of children nationwide, from birth through age 21, and is one of the largest and most important federal investments in K-12 education. IDEA is a federal grant program through which states receive funding in exchange for meeting legal requirements related to service delivery, fiscal management, data reporting, and the protection of students' and families' rights. Federal oversight plays a central role in how IDEA functions in practice. Within the U.S. Department of Education (USED), the Office of Special Education Programs (OSEP), the Office for Civil Rights (OCR), and the Institute of Education Sciences (IES) monitor compliance, enforce civil rights protections, evaluate program effectiveness, and collect critical data. Monitoring reports and evaluations consistently show that many states struggle to meet IDEA requirements on their own, particularly in areas such as dispute resolution, fiscal oversight, data quality, discipline practices, and the transition from early intervention to preschool services. Federal monitoring has been a key driver of identifying these problems and prompting corrective action by states. Evidence from OSEP monitoring, IES studies, and Government Accountability Office (GAO) reports suggests that without strong federal oversight, longstanding issues--such as delays in services, uneven enforcement of parental rights, shortages of qualified staff, and racial and ethnic disparities in identification and discipline--are unlikely to be addressed consistently across states. GAO findings also show that while the Department of Education has generally acted on recommendations to improve IDEA administration, many necessary changes ultimately require Congressional action that has not yet occurred. In short, IDEA's effectiveness depends not only on funding levels but also on federal standards, oversight, and enforcement. The evidence reviewed in this document suggests that reducing federal monitoring or restructuring IDEA funding would likely increase variation across states, weaken protections for students with disabilities, and put service quality at risk--particularly for children with the greatest needs.
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      – Text: English
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        PageCount: 17
    Subjects:
      – SubjectFull: Public Agencies
        Type: general
      – SubjectFull: Federal Government
        Type: general
      – SubjectFull: Students with Disabilities
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      – SubjectFull: Educational Legislation
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      – SubjectFull: Equal Education
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      – SubjectFull: Elementary Secondary Education
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      – SubjectFull: Individuals with Disabilities Education Act
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      – TitleFull: How the U.S. Education Department's Oversight Supports Students with Disabilities: A Policy Review. Research Evidence against Dismantling the U.S. Education Department: How to Support Students with Disabilities
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