Promises Made, Debt not paid
In 1975, about 50 years ago, President Gerald Ford signed into law the Education for all Handicapped Children Act (EHA). This law later morphed into the Individuals for Disabilities Education Act (IDEA).
In 1979, the U.S. Congress established the US Department of Education. Yes, you got that right. The US Department of Education that Trump and Congress are talking about eliminating wasn’t established until Four Years after EHA. In the beginning, EHA was administered by the Department of Health and Human Services currently led by Robert Kennedy Jr. After the creation of the US Department of Education, EHA was moved to that department.
So why all the fuss now about moving the provisions of IDEA to Health and Human Services?
There are a couple of issues. When EHA was signed into law, President Ford famously said he doubted we could ever educate all children with handicaps (Kids had handicaps then, not disabilities). While there are notable exceptions, we are doing that. BUT the law also recognized that it would cost more to educate a child with a disability than it would to educate a plain child. So, the Congress agreed to “authorize” up to 40% of the cost of implementing EHA. Laws authorize; budget bills appropriate and that amount of money, although promised has never been appropriated. Today the federal government provides roughly 5% of the cost of education a child with a disability. A far cry from the initial promise.
Mostly states are doing a decent job of meeting the requirements of the law. But what if they don’t? Approximately 5,800 families had filed complaints against their local public school district prior to Trump taking office. With huge cuts in personnel in the Office of Civil Rights and the US Office of Education, what are the chances these complaints will be heard at all, let alone in a manner fair to families. Presently, 30 states are out of full compliance with IDEA. The Secretary of Education has indicated that she would offload the enforcement of IDEA back to the states. Is this not a perfect storm for the fox watching the henhouse? State departments of education will now determine if they are violating the law they are accused by families of violating.
Promises have been made to our children with disabilities. When do we think the debt might be paid?