CW: Bullying
Christine Smith Olsey knew that her son was struggling at school, despite being told to leave it in the hands of the school. The second-grader struggled with vocabulary, and other students made fun of him so much that he began to refer to himself as “an idiot.” Even though her son had been getting speech and occupational therapy, Smith Olsey said that his Denver charter school refused to provide additional academic support.
She initially complained to the state, then to the Education Department’s Office for Civil Rights in September. In January discussions regarding her son’s case were abruptly paused. “I have to postpone meetings with you to discuss the case,” a department mediator wrote to her on Jan. 23, three days after President Donald Trump’s inauguration. “I am sorry for the inconvenience. I will be in touch as I am able.”
It is not uncommon for new presidential administrations to freeze cases as they shift priorities, but exceptions are often allowed for urgent conditions, such as a child’s current learning situation. The freeze on ongoing cases, combined with Trump’s promises to completely abolish the department, has many parents concerned about the federal government’s commitment to the rights of disabled students.
In the first weeks of the Trump administration, the Education Department launched investigations into complaints involving antisemitism and transgender athletes allowed to compete in women’s sports, fulfilling Trump’s promise to use federal funding as leverage to tackle perceived “wokeness” in education.
As President Trump began to reorganize the Education Department, disability rights investigations and mediations were paused. The department’s civil rights office, which enforces the Individuals with Disabilities Education Act, has made it a priority to advocate for disabled students. Historically, the majority of complaints to the agency have involved disability discrimination – parents alleging that their disabled child is not receiving the appropriate accommodations to learn, which schools must provide by federal law.
Catherine Lhamon, who managed the Office for Civil Rights under former Presidents Joe Biden and Barack Obama, expressed concern about the administration’s lack of response to concerns from families of disabled students. “If it is not aggressively engaged in protecting those rights, the office is not doing its job,” Lhamon explained in an interview.
An Education Department official said the Office for Civil Rights lifted the pause on its assessment of disability complaints on Thursday after The Associated Press requested comment on the story’s findings. According to spokesman Julie Hartman, the Trump administration lifted the pause sooner than the Biden administration did in its first months in office.
The freeze had derailed progress for families like Smith Olsey, whose children’s special education programs may be dependent on the outcome of the department’s dispute resolution process. Her son has been diagnosed with attention-deficit/hyperactivity disorder, autism, dyslexia, and dyscalculia, a learning disability related to math. He has had an Individualized Education Program due to developmental delays since preschool.
An Individualized Education Program (IEP) is a federally mandated plan. The IEP team includes parents, teachers, school administrators, service personnel/paraprofessionals, and students (where appropriate) collaborating to develop accommodations and services for a disabled student
This month, the school agreed that her son requires further academic assistance, but she is seeking compensatory services to make up for the time he went without proper support. She is also requesting reimbursement for the money she spent for therapy, tutoring, and testing. When families believe that their child is not receiving enough services for their disability, submitting a complaint with the Education Department can encourage districts to provide additional assistance. Parents may also submit a complaint with state agencies or pursue legal action.
Between 2021 and 2024, the department’s Office for Civil Rights received 27,620 disability-related complaints. The office is supposed to process all complaints it receives, but politics can influence priorities and which cases to pursue. Typically, more than half of complaints to the agency involve disability discrimination.
However, last year, allegations of sex discrimination increased to account for the majority of them, according to an annual study. Disability discrimination accounted for 37%, whereas discrimination based on race or national origin accounted for 19%. In recent years, the office’s workforce has decreased significantly, despite the fact that the number of cases it must investigate has increased.
Disabled students should have access to the services and resources they require. Disabled students in the United States have the right to receive a free and appropriate public education. However, schools are often ill-prepared to provide services and support. Abolishing the Department of Education will only make it more difficult for disabled students to receive an education.
Sources:
Barnum, Matt, and Douglas Belkin. “Trump Gears up for Assault on Wokeness with Education …” The Wall Street Journal , Dow Jones & Company, 11 Nov. 2024, http://www.wsj.com/us-news/education/trump-policies-department-education-schools-965a7686.
Baumel, Jan “What Is an IEP?” GreatSchools, 8 Mar. 2023, http://www.greatschools.org/gk/articles/what-is-an-iep/.
Diament, Michelle. “Ed Department Finds Students with Disabilities Disproportionately Disciplined.” Disability Scoop, Disability Scoop, 16 Nov. 2023, http://www.disabilityscoop.com/2023/11/16/ed-department-finds-students-with-disabilities-disproportionately-disciplined/30638/.
Diament, Michelle. “How Trump’s Plan to Close the ED Department Might Impact Students with Disabilities.” Disability Scoop, Disability Scoop, 18 Nov. 2024, http://www.disabilityscoop.com/2024/11/18/how-trumps-plan-to-close-the-ed-department-might-impact-students-with-disabilities/31170/.
Hollingsworth, Heather, et al. “Kids’ Disability Rights Cases Stalled as Trump Began to Overhaul Education Department.” AP News, AP News, 20 Feb. 2025, apnews.com/article/education-department-iep-disability-civil-rights-trump-85a6687d9ef1f5236f2637924d66a560.
Jacobson, Rae. “How to Spot Dyscalculia.” Child Mind Institute, Child Mind Institute, 8 Mar. 2024, childmind.org/article/how-to-spot-dyscalculia/.
Poe, Cheryl. “Education a Civil Rights Issue for Black Students with Disabilities & Families.” The 74, The 74, 9 Aug. 2023, http://www.the74million.org/article/education-a-civil-rights-issue-for-black-students-with-disabilities-families/.