Young people with disabilities in the United States are guaranteed the right to a free and appropriate public education at federally funded schools. But with shifts and cuts at the Education Department, families may be facing changes under the Trump administration.
Two federal laws - the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act - prohibit discrimination against students with disabilities.
The U.S. Department of Education has for decades enforced the Individuals with Disabilities Act, but that could change under President Donald Trump. Trump signed an executive order in March attempting to close the federal Education Department. He's said that the Department of Health and Human Services, which enforces Section 504 of the Rehabilitation Act, could oversee special education in the future.
The two civil rights laws ensure that students are placed in the "least restrictive environments" so they are not separated from their peers unless truly necessary.
The majority of students with disabilities protected under the laws in the nation's public schools have learning or developmental disabilities, including autism, dyslexia, attention-deficit hyperactivity disorder and down's syndrome. Students who are deaf, blind or have other physical impairments are also protected by the laws.
The Individuals with Disabilities Education Act specifically requires schools to provide students with disabilities an equitable education to their nondisabled peers. That means schools must ensure students have access to an Individualized Education Plan, a written plan for accommodations that help students thrive in school based on their specific needs. These plans can include tests, assignments or lessons that are tailored to a student's learning style.
Section 504 guarantees students with disabilities a different type of learning plan that is commonly known as a 504 plan. These learning plans are for students with a wide range of disabilities who need specific tools to help them learn equally to their peers in an integrated classroom. The accommodations can include a desk with an adjusted height for a student with a wheelchair, noise-canceling headphones for a student who has trouble staying focused or braille textbooks for a blind or visually impaired student.
Disability rights experts, advocates and parents have told USA TODAY they're worried about the fate of these federally protected learning plans for students with disabilities under the Trump administration. It's still unclear whether or how protections for students with disabilities will be affected by a potential closure of the federal Education Department.
Carrie Gillispie, a senior policy analyst with the education policy program at the liberal-leaning think tank New America, called the uncertainty of what will happen under the Trump administration is leading to more confusion for parents and teachers about legal rights for students with disabilities.
Here are some of the key differences between the learning plans and how they can help students with disabilities and their families.
The Individuals with Disabilities Act, originally named the Education for All Handicapped Children Act when it was enacted in 1975, protects about 7.5 million students with disabilities in the United States from being turned away from public schools.
Before the Individuals with Disabilities Act, neighborhood public schools could reject students with disabilities. Those kids would then either attend segregated schools for students with special needs or not go to school.
Today, students with disabilities are guaranteed access to an Individualized Education Plan, known as an IEP. The plan allows schools to adjust their approach to meet the student's learning needs.
"If a child has an IEP and I'm their teacher, I could change their worksheet to adjust the difficulty level or the length." Gillispie said.
For a student to get formally recognized they have a disability that affords them the right to an IEP, they must first be evaluated by their school district. After school staff determine that a student qualifies for an IEP, they have 30 days to meet with the student and their parents about creating a written plan.
A group of people, often including school staff and parents, decide on a student's learning goals and the learning adjustments they might need to achieve them. Teachers are tasked with implementing these practices and modifications and for monitoring student progress.
If a plan isn't working, an IEP can change to reflect a student's needs.
The IEP resides with the school district and travels with them throughout their schooling careers. For example, if a student graduates middle school the IEP will follow them to high school.
Gillispie, in her role as a school psychologist who works with students with disabilities, assesses kids on their learning abilities when it's determined that they need an IEP.
Then, she evaluates that information to see what classroom practices would best help them thrive.
The journey to obtaining and modifying an IEP that works for a student with disabilities is notoriously challenging for parents, Gillispie said. Parents and educators often disagree on what a child needs to succeed and there's a knowledge gap between what parents know their child has access to and the reality of what the federal law offers them, she said.
That's partly because each student has vastly unique needs.
"Even three students with dyslexia will have some similar challenges, but will also be very different," Gillispie said.
Section 504 of the Rehabilitation Act, which was enacted in 1973, also requires schools to help students attend and thrive in traditional classes with nondisabled students.
Students with disabilities who need specific tools − as opposed to curriculum modifications − to help them learn equally to their peers in integrated classrooms are offered 504 plans, said Daniel Van Sant, director of disability policy for the Harkin Institute for Public Policy & Citizen Engagement.
These tools can include noise-cancelling headphones, assisted technology, additional breaks and clear deadlines, he said.
Students with disabilities may have access to both 504 plans and IEPs if they need adjustments to curriculum and the learning environment to thrive.
More than one million students with disabilities receive assistance from this type of education plan, according to the most recent data from the federal Education Department.
Contact Kayla Jimenez at kjimenez@usatoday.com. Follow her on X at @kaylajjimenez.