We save futures – and despite the uncertainty associated with President Trump’s decision to dismantle the Department of Education – our commitments remain the same. The better question, however, is how attorneys who represent students will ensure that students continue to receive the legal protections they had prior to March 20, 2025. Rather than allow any panic to occur, which is easy to happen when there are seismic shifts in government, attorneys will have to adjust their strategies and avenues for enforcement of students’ federally protected rights.
Let’s look at the key areas that impact our practice:
Title IX/Sexual Harassment and Assault on Campus
Since 2011, we have been representing students on college campuses across the country in Title IX and student conduct matters. The dismantling of the Department of Education does not absolve colleges from investigating and addressing sexual harassment and assault on campus. Title IX has not been repealed, only Congress can repeal a federal law, and there is nothing indicating that Title IX is at risk. Students can and should continue to file complaints with the campus Title IX offices.
What will happen now that President Trump has shuttered most regional offices for the Office for Civil Rights, the department historically responsible for enforcing Title IX? One thought is that President Trump will reallocate the enforcement of Title IX and other federal civil rights laws impacting students to other federal agencies, such as the Department of Justice.
Regardless of what government agency is tasked with overseeing enforcement of civil rights laws, we believe courts will remain the most effective for individuals seeking relief. In fact, for years, we have generally counselled our clients against filing complaints with the Office for Civil Rights for the simple reason that the government is incredibly slow in addressing complaints, especially if the desired relief is time sensitive. For instance, a graduating senior in need of urgent relief will benefit little from a complaint filed with the Office for Civil Rights. The better path would be to seek emergency relief in courts. In our estimation, it’s business as usual. If an educational institution violates the rights of our clients, we will file for an injunction.
Special Education and Related Services
Our education practice started with representing students with disabilities. Over the past decade, this area of our practice has grown. It is estimated that 1 in 35 students will be diagnosed as being on the autism spectrum, and there are currently around 7.5 million special education students. These students require special education and related services to receive an education.
As of now, there is nothing to indicate that the federal government will cut funding for students with disabilities. Schools will still receive 6% to 13% percent of its funding from the federal government. Two hundred and twenty billion dollars of funding from Congress is earmarked for disadvantaged students. The funding for students on Individualized Education Plans (IEP) comes from partnerships between states and the federal government.
Just like Title IX, the Individuals with Disabilities Education Act (IDEA) remains the law of the law. This law demands that students with disabilities receive a free appropriate public education. As long as there is still federal funding, states will be able to deliver services. The concern from parent advocacy groups will be that states will struggle without the technical assistance, oversight and enforcement from the federal government.
As for the enforcement arm of IDEA, the federal statute requires the exhaustion of administrative remedies before filing in federal court. In Ohio, the state has a robust and well developed process for filing due process complaints and requests for mediation when parents disagree with their local education agency over the implementation of the IEP. We have been quite successful using the state mediation process to resolve disputes with schools, and we don’t see this changing in the near future. In terms of oversight and technical assistance, it appears that the burden will shift on the states to take greater responsibility in that role.
The Voucher Shift: Concerns and Considerations
A remaining concern is that a shift to vouchers will deplete public school districts and leave parents of students with disabilities without any practical options for their children’s education. Many private schools are not positioned to accept students with disabilities, and public schools, with reduced funding availability due to vouchers, won’t have adequate resources to support special education services. This is a valid concern that we will continue to monitor. Funding must remain in place for states to educate its most vulnerable students.
However, many private schools do accept vouchers, scholarships and grants to educate students with disabilities. Ohio offers the Jon Peterson grant and the Autism Scholarship to parents who choose to leave public schools for a private option. We predict that states will establish standards and safeguards for those schools that accept vouchers or scholarships to provide services for students with disabilities. How those enforcement mechanisms will work will remain a state issue, but regardless, parents will be able to sue those schools if services are not provided and government funds are accepted to provide those services.
