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 As such, IDEA cannot be repealed or invalidated through executive order alone.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.
