With the federal government moving toward dismantling the U.S. Department of Education, many families are asking: Will my child still have the right to an IEP? What happens to FAPE? Who will protect our procedural rights?
If you’re a parent of a child with a disability in California, you need accurate, grounded answers—not panic. This post will help you understand what remains in place, what may shift, and how to protect your child’s rights under IDEA, Section 504, and the ADA—even if the federal oversight structure changes.
FAPE is Still the Law
The legal right to a Free Appropriate Public Education (FAPE) has not changed.
Federal laws that protect students with disabilities—IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA)—are still in effect. These laws guarantee:
- The right to an Individualized Education Program (IEP) for eligible students under IDEA
- Accommodations and nondiscrimination protections under Section 504
- Equal access to education and school programs under the ADA
None of these laws have been repealed. They were passed by Congress, and only Congress can revoke them. Even if the U.S. Department of Education is dismantled, the law remains in place.
California Safeguards Are Strong
California’s education laws closely mirror and reinforce federal protections. That means:
- Your child’s right to FAPE is also protected under the California Education Code
- Procedural safeguards like due process, parental participation, and prior written notice are built into both state and federal law
- The California Department of Education (CDE) continues to monitor compliance across the state
Whether or not the federal DOE exists in the future, California remains responsible for implementing special education law—and state leaders have pledged to continue doing so.
Your Procedural Rights Are Still in Place
Parents continue to have the right to:
- Request evaluations and IEP meetings
- Receive written notice before changes to services or placement
- Access educational records
- Disagree with school decisions and pursue dispute resolution
California’s due process system is managed by the Office of Administrative Hearings (OAH), which is a state agency. That system remains fully operational and is not dependent on federal staffing.
You also have the option to file a compliance complaint with the California Department of Education if you believe your child’s rights under IDEA are being violated.
If you’re unsure which option to choose, a special education advocate can help you assess your case and guide you through the process.
What About Section 504 and the ADA?
Section 504 and the ADA are civil rights laws, not just education laws. They are enforced by the U.S. Department of Justice and through the courts.
If the Department of Education’s Office for Civil Rights (OCR) is closed or scaled back:
- Families may need to file complaints directly with the Department of Justice
- In more serious cases, families may need to pursue enforcement through a lawsuit
California also has strong state-level anti-discrimination laws, such as the Unruh Civil Rights Act and Government Code §11135. These provide additional protections for students with disabilities.
What Parents Should Know Right Now
- FAPE is still required by law, and schools must continue to follow your child’s IEP
- Your procedural rights, including mediation and due process hearings, are still available
- California’s systems for enforcing special education law remain in place
- Section 504 and ADA protections are still legally enforceable, even if complaint procedures change
Stay Proactive and Document Everything
Here are some simple action steps to stay prepared:
- Keep a dedicated folder or file for your child’s IEP, assessments, correspondence, and meeting notes
- Document any missed or reduced services in writing
- Contact your district or the CDE if problems arise
- Reach out to an advocate or legal expert early if your child’s rights are not being honored
You’re Not Alone—Pathway to Advocacy Can Help
Are you unsure how these changes may affect your child’s services or rights?
I work with families across California to help them understand their rights and resolve special education disputes. Whether you’re in the middle of an IEP process or just beginning your advocacy journey, Pathway to Advocacy is here to support you.
📩 Contact me today to schedule a consultation, or learn more about my services.
