A Future Worth Funding: We Must Fully Fund Special Needs Education

Valerie A. Powers Smith, a Partner at Slovak Baron Empey Murphy & Pinkney LLP, shares her views on funding for special needs education

INDIAN WELLS, Calif., Feb. 27, 2025 /PRNewswire/ -- The new administration's talk of drastically cutting—or eliminating—the U.S. Department of Education has placed a sharp spotlight on students with disabilities. Millions of children rely on the provisions of the Individuals with Disabilities Education Act (IDEA) and other means for specialized instruction and the protections they are legally entitled to. Slashing the Department's budget or shifting its responsibilities could unravel these critical supports, undermining our national commitment to providing free and appropriate public education for every child.

Enacted in 1975, IDEA obligates the federal government to fund up to 40 percent of the additional costs of educating students with disabilities. Yet federal support has never surpassed 15 percent. School districts scramble to fill that gap, often cutting staff or curtailing services. These shortfalls threaten IDEA's promise of a "least restrictive environment." When funding is inadequate, students may be pushed into cheaper and unsuitable placements or denied the interventions they truly need.

Weakening or eliminating the Department of Education also endangers oversight. The Department monitors how states use federal funds and ensures children receive mandated services. Discriminatory practices could multiply without such oversight, and proposals like funneling special education dollars to private schools via vouchers can strip students of vital legal safeguards. Many parents do not realize that rights under IDEA do not fully extend into private school settings. That means critical safeguards, such as enforcing the "least restrictive environment" mandate and free appropriate public education provisions, can be lost. Consequently, disabled students could find themselves without the services and protections that federal law was specifically designed to uphold.

We risk leaving countless children without therapies or assistance that enable them to thrive academically. Teachers and administrators, already stretched thin, would be forced to ration scarce resources. Meanwhile, efforts like the IDEA Full Funding Act, which aims to reach the promised 40 percent federal share, have stalled.

Our nation's success depends on investing in every child, especially the most vulnerable. IDEA opened doors once locked to students with disabilities. Fully funding these programs is not just another budget item; it is a moral imperative. If our leaders truly value opportunity for all, they must guarantee a robust, inclusive, and well-supported education for every student with a disability.

In America, we should keep our promises to our children. Anything less undermines decades of progress and imperils the futures of children we have pledged to help.

Valerie A. Powers Smith is a Partner at Slovak Baron Empey Murphy & Pinkney LLP, which has offices in California, New Jersey, and New York. She chairs the firm's Trust, Estate, & Probate Litigation and Special Needs and Elder Care Law Departments, focusing on special needs trusts, estate planning, and advocacy for individuals with disabilities. She can be reached at [email protected].

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SOURCE Slovak Baron Empey Murphy & Pinkney