Your Child’s IEP and the US Department of Education
Your Child’s IEP and the US Department of Education
As a Texas parent navigating special education, you may be thinking about your child’s rights under their Individualized Education Program (IEP) amid discussions about potential government changes to the Department of Education.
How would changes to the Department of Education impact your child’s rights under the Individuals with Disabilities Education Act (IDEA)?
Here’s what you need to know:
Would IDEA and Your Child’s IEP Remain Protected in the event of a change to the Department of Education?
Yes. Even if the Department of Education experienced significant disruptions or a shutdown, the Individuals with Disabilities Education Act (IDEA) and your child’s IEP would remain legally enforceable.
IDEA is a federal statute passed by Congress and signed into law, not an administrative rule. As such, IDEA cannot be repealed or invalidated through executive order alone.
The Role of Texas in Protecting Your Child’s Education
IDEA mandates that states provide Free, Appropriate Public Education (FAPE) to all students with disabilities. Texas, through the Texas Education Agency (TEA) and local school districts, is responsible for ensuring compliance with IDEA.
Texas and local school districts would still be required by law to uphold and implement your child’s IEP.
Bottom Line for Texas Parents
Your children’s IEP and the protections under the IDEA remain in force. An executive order to facilitate changes to the Department of Education would not repeal the IDEA. Modifying or repealing IDEA would require congressional action.
Author Bio
Kevin Piwowarski Shields
Kevin Shields is a Founding Member and Special Education Lawyer at Shields Law Firm, representing children and families in special needs matters throughout Texas. Before becoming a lawyer, Kevin worked as a general education teacher and fought for increased inclusion time for his students receiving services. He advocated for his students by calling out providers who missed sessions and was often the dissenting voice at the IEP table.
Kevin obtained his Juris Doctor from Georgetown University Law School and holds a Bachelor of Arts from the University of Texas at Austin. He is admitted to practice law in Texas, Maryland, and Washington, D.C. He is also a member of the Council of Parent Attorneys and Advocates (COPAA) and holds memberships in the State Bar of Texas, focusing on School Law, Juvenile Law, and Child Protection Law. He is also a member of the Academy of Special Needs Planners.