ROCKVILLE, MD – March 20, 2025 – The Autism Society of America continues to be disheartened by the decimation of programs that directly serve and support the disability community, including those with Autism. The most recent Executive Order to close the Department of Education creates significant uncertainty about all student rights, but especially the future enforcement and oversight of the Individuals with Disabilities Education Act (IDEA). 

The Department of Education has been responsible for enforcing IDEA and ensuring that students with disabilities receive a Free Appropriate Public Education (FAPE) in the least restrictive environment. Its oversight guarantees that schools remain accountable for providing critical services such as individualized education programs (IEPs), accommodations, and specialized instruction. The Department also enforces the implementation of 504 plans, authorized under Section 504 of the Rehabilitation Act.  Without a clear federal entity responsible for upholding these rights, the risk of noncompliance, inconsistency across states, and the rollback of hard-won educational protections increases dramatically. 

Christopher Banks, President and CEO of the Autism Society of America, emphasized “Even under the Department of Education, IDEA has never been fully funded, with the federal government covering only 11% of the additional costs required to educate students with disabilities—far below the 40% Congress originally committed to. Many states already struggle to provide all necessary services, and without clear federal oversight, this burden will only grow. Students with Autism and other disabilities rely on strong IDEA enforcement to ensure their right to an education is protected. Without a plan for who will uphold these protections, we risk further inequities, reduced services, and a decline in inclusive education opportunities.” 

Shifting IDEA oversight to another agency, such as the Department of Health and Human Services (HHS), raises serious concerns about capacity and effectiveness. HHS is already the largest federal department, with its resources stretched across healthcare, social services, and public health initiatives. Expecting HHS to absorb the complex responsibilities of special education law enforcement—an entirely different domain—could lead to gaps in implementation, delays in services, and diminished protections for students with disabilities. 

The Autism Society urges the administration to immediately clarify how IDEA will be enforced at the federal level and ensure that students with disabilities do not face disruptions in their education. We call on Congress to demand transparency, accountability, and a comprehensive plan for the continued protection of special education rights. 

We encourage advocates to take action through the Autism Society’s Action Alert and contact their Members of Congress to express their concerns about the future of IDEA enforcement.