Post-Election Strategies for Parents of Children with Disabilities Needing Special Education or 504 Accommodations and Supports

Making Special Education Actually Work

As the dust starts to settle, to the degree it can following the 2024 election cycle, parents of children with disabilities who need special education or 504 accommodations and supports are now searching for answers as to how the promised changes to public education in the United States will affect their children. Many of these parents had no idea prior to the election what the fallout for public education and students with disabilities would be, and are only now starting to realize the magnitude of the changes on the horizon.

This is not the first time the disabled community has had to deal with seismic shifts in the legal landscape as it relates to disability rights laws, and I'd like to quiet the worried minds of those parents who are on the verge of freaking out, right now, to tell you that "This to shall pass." This isn't my first rodeo and I've gotten really good at dealing with the ineptitude, stupidity, apathy, and egocentricity of the types of tiny minds responsible for discriminatory practices against the most vulnerable members of our communities.

I don't say this to minimize what's coming. We are about to enter into some very trying times in the special education community following the inauguration of the 47th President of the United States and the installation of his cabinet in January 2025. Number 47 has already promised to shut down the U.S. Department of Education without any regard for how this will affect the millions of children with disabilities who rely on federal civil rights protections being implemented and enforced by the U.S. Department of Education, including those who receive federally funded special education programming.

This is causing widespread panic among families of children with special needs and public-school employees who are employed to service this population of learners. The concern is entirely justified, but the panic is not, at least not for now, and I need everyone to calm down and let me explain why that is.

Regardless of Number 47’s inclinations and intentions, the United States still is not a dictatorship, at least not yet. It certainly won’t instantly become a dictatorship the second Number 47 is sworn in. There are laws in place that control how our federal agencies are organized, the duties they are required by law to perform, and their respective enforcement authorities.

No presidential administration has the authority to simply put an end to our laws. It will take more than Number 47’s four years in office to fight Congress, the courts, and the will of the American people to shut down the U.S. Department of Education and all the laws it is responsible for implementing and enforcing. We have to remember that he tried to do this once before with Betsy DeVos when he was Number 45.

DeVos actually shut down the U.S. Department of Education’s Office for Civil Rights (OCR) upon assuming office. It took 18 months of litigation to get it reopened, but it was still reopened because it exists to carry out specific legally mandated duties that could not be performed if it no longer existed. It was the existing laws on the books that mandated OCR’s existence, and those laws remain on the books now. Further, the legal precedent for preserving OCR is now also on the books, so Number 47’s new Secretary of Education is already prevented from repeating that approach by existing caselaw, and OCR is operated by a bunch of lawyers who are likely going to rely on that existing caselaw to resist any future efforts to shut down OCR.

We also have to consider who Number 47 wants to name as the secretary of education, which is an absolute weirdo from the world of professional wrestling with no background in education science or law and a questionable relationship with lawful conduct. I’m willing to believe that her absolute ineptitude and lack of understanding of how anything in public education actually works will eat up enough time that by the time she figures much out, we’ll be at the 2026 midterms where we can beef up Congress in such a way as to legislate our ways out of this mess in spite of the pressure coming from the executive branch.

The way I’m looking at the next four years is that the incoming administration is headed by Dr. Evil, Number 2, and Frau Farbissina, but they’re going to be too preoccupied with fem-bots and sharks with lasers to really get that far with things that matter to the rest of us. They will still do a lot of damage and people will still likely die unnecessarily again from their policies, just like when COVID first broke out. I still remember the refrigerator trucks full of dead bodies from when COVID first hit because our morgues were filled to capacity.

But I also remember that, as Number 45, he who is now Number 47 was going to build a huge wall between the United States and Mexico, and make Mexico pay for it, which never happened, and that his last attempt to shut down the U.S. Department of Education failed in such spectacular fashion that caselaw was created against future attempts to do the same thing. Further, because Number 47 is now attempting to surround himself with loyalists willing to act on every sharks-with-lasers idea he may have, because they are also bone-heads, whatever acts of corruption they intend to carry out will be flawed, inept, and ultimately doomed to failure.

These morons leave evidence trails behind them a hundred miles wide for which we will have all new charges that we can press against them and finally hold them accountable, in spite of what they’ve managed to get away with from their last shot at power. All they need now is for their version of Scott to sit at the table and make fun of them every time they fail and the Austin Powers comparison will be complete.

There’s a really good chance that getting away with as much as they did last time around is going to make them feel untouchable enough to not even try to conceal what they are doing, which is going to make the future prosecutions and lawsuits against them much easier to win. Further, even if their past crimes from the 45th administration become moot in the face of statutes of limitations, those past crimes are still historically relevant to any violations they commit over the next four years and can be used to establish a pattern of behavior. If they are continuing violations that started during the 45th administration that are still happening during the 47th administration, the statute of limitations would not necessarily limit the look-back period for enforcement; it’s possible that violations during the 45th administration would still be live for adjudication if they are continued into the 47th administration.

Furthermore, in California, where we are headquartered, the governor has already ponied up the legal resources to sue the living bejeezus out of the federal government in every instance in which the 47th administration tries to pull an unlawful stunt that would hurt the people of California. This includes public education and our students with special needs. California has the resources to stand alone as its own country if it ever needs to. It’s the 5th largest economy in the world and it financially supports the red states, which can’t support themselves without our money. It will be at the forefront of the fight to preserve everyone’s legal protections, including those afforded to students with disabilities, so our families here in the State have less to worry about than our families in other states, particularly the red states that were tricked into voting against their own interests.

It's important to remember why public education in general is so important, and the degree to which public education failures have led us to where we are now. Without belaboring points I’ve repeatedly made in previous posts/podcasts, let me sum it up by saying that the measure of how civilized a society is goes to how well it takes care of its most vulnerable members. I’ve spent the last 34+ years defending the educational and civil rights of some of our society’s most vulnerable members, children and young adults with disabilities.

These individuals’ cases have been the canaries in the coal mine for American democracy this entire time, but when I first started out my career, I was considered a hyperbolic “Don Quixote” tilting at windmills whenever I squawked about public education failures. Now, here we are 34+ years into my career, and most people are now worried about what’s going to become of their own civil rights and those of the people they love, even if none of them have disabilities. For those of you who have lived your lives dealing with racism, homophobia, and/or other forms of discrimination, you know what I’m talking about, too. I’m extremely concerned for the children with special needs who were born here in the United States to undocumented parents, who are citizens under the 14th Amendment but who could still end up in deportation concentration camps if Number 47’s sharks-with-lasers fantasies with respect to immigration are nonetheless realized.

I realize that, at this point, irony is dead, but I have to take a moment to acknowledge the profound mental illness that will pervade the 47th presidency and lead to so much damage to people with disabilities. What makes sociopathy combined with personality disorders so dangerous is that these are the people who refuse to acknowledge that they are themselves disabled carrying out their mentally ill motivations at the expense of the rest of us, simply because it is their hands on the wheel right now, not ours. What makes it even more tragic are the number of equally impaired individuals who were convinced to vote for this shitshow and who are now going to pay for those mistakes along with all the rest of us who will simply be unwilling collateral damage.

Evidently, humankind needs to experience these kinds of hardships in order to connect the consequences with specific behaviors, but most of us saw this coming from a far way off, tried to warn everybody, and not enough people listened to us to change their behaviors. These are the people who only learn the hard way if they ever learn at all, and they constitute almost half the population, which is frightening until you realize that, up until the modern age, they were the majority. We are only now as a species at the tipping point where more people are educated and literate than not, and only barely.

Only an intelligent, educated population can maintain a free society. Ignorance through book bans and other forms censorship are the tools of oppression, not protection. People don’t need to be protected from making informed decisions. Learning about opposing views is not the same thing as adopting opposing views, and the only way to know if your own views are accurate is to compare them against the views of others, which you can’t do in a society that practices censorship and book bans.

Pre-Civil War slave owners deliberately prevented their slaves from learning to read for fear of them gaining the knowledge and power to rise up against the slave owners. For the least educated and mentally stable among us to be manipulated into voting against their own self-interests, much less the interests of society on the whole, goes to the degree to which the mental health crisis in this country is being exploited by severely mentally ill people with power looking to prevent everyone else from holding them accountable for their own deranged behaviors in a way that prevents us from meeting the needs of our mentally ill with any degree of ethical responsibility.

The inmates are literally running the asylum, and it’s going to get worse after January 2025 before it gets better. This is one hell of an Extinction Burst that humanity is trying to survive. It’s going to take a lot of work by people who truly understand the dangerous situation we now find ourselves in and the mechanisms by which we can save ourselves, going forward.

I fully expect that some people who are smart enough to understand but weren’t particularly paying attention during the last election cycle will be filled with remorse and seek solutions once reality hits them. I’m not going to turn those people away when they come to us seeking help to protect their children with special needs.

I know I’ve already got at least one family on my caseload upon whom the consequences of their choices are only now starting to dawn on them. I went to an IEP meeting for one of their children a few weeks ago and, afterwards promised the mom that, no matter what happens after Number 47 gets sworn in, we’ll have her back. She seemed confused until I told her what Number 47 intends to do to public education, of which she clearly had not been aware, and I could tell by the look of horror spreading across her face that she and her uneducated, blue-collar husband had been duped into voting against their own interests.

As soon as I told her what was up, she began protesting with, “But it will cost so much more to support them with services as adults if they don’t get special ed.” I had to explain that the whole point of Number 47's agenda is to not spend any money on anybody who isn’t already rich, period. If these people get their way, not only will there be no public education to speak of, much less special education, but there will be no services or supports for disabled adults, either.

These tax-fattened jackals will reduce the rest of us to a level of impoverishment on par with Oliver Twist if they have their ways with our government. Remember that individuals with developmental disabilities were tossed into the gas chambers with the Jews during Hitler’s reign of terror, and many of the incoming administration, including Number 47, regard those efforts at ethnic cleansing as appropriate and desirable.

Understand that what is happening right now are a bunch of spoiled rich people with no adult-level problem solving skills attempting to take over a free democratic government that, if properly administered, would have the whole sorry lot of them jailed and impoverished as consequences to their own behaviors, and they’re not about to start assuming any accountability for their behaviors, now. They have no interest in governing; they’re only interested in not being governed.

This is a hostile takeover with only short-term objectives of consequence avoidance and get-rich-quick schemes in mind that cannot be indefinitely maintained. The people behind it are too inept to keep it going long-term, though they will do a whole lot of harm while they try to the best of their limited abilities to maintain control of what they’ve started. The other thing to keep in mind is that all of the people involved in undermining the rights of the rest of us are so self-centered and greedy that they regard each other as enemies, as well. As soon as they collectively enjoy some kind of win, they immediately turn on each other to fight over the spoils, which waters down the benefits that any one of them may actually receive in the end.

We can expect juvenile antics and backstabbing at the federal level for the next four years from the incoming administration, and the rest of us are going to be left picking up the pieces for decades to come, but we have to stand firm against the forces that want to put an end to publicly funded special education and the laws that control how it is delivered. There’s nothing wrong with amending the laws to protect our kids with special needs in the face of inevitable change, but our kids with special needs and their families should never experience a reduction in their protected rights. If it’s okay to violate their rights, it’s okay to violate yours, as well.

So, strategically, what should parents of kids with special needs do right now to prepare for what could come? It's impossible to plan for every possible scenario, but thankfully you don't have to. There are some basic guidelines that apply to every advocacy situation, regardless of what is happening politically, and all of it relies on facts you can prove through evidence.

Here are the basics:

• Document everything
  • Request everything in writing
  • Respond to everything in writing
  • Limit your written communications to things you can support with other things in writing
    • Assessment reports
    • Medical records
    • Old IEPs
    • Outside agency records
      • Mental health
      • Developmental services
      • Vocational rehabilitation
• Do your research
  • The science applicable to your child's known condition(s)
  • The laws that currently apply to your child's 504 plan or IEP
    • Implementing regulations of Section 504 of the Rehabilitation Act: 34 CFR Sec. 104
    • Implementing regulations of the Individuals with Disabilities Education Act (IDEA): 34 CFR Sec. 300
    • Your State's laws regarding how its schools are supposed to implement 504 and the IDEA (varies by state and could change on the fly, so you'll need to do some internet searching as time goes on)
• Maintain your own running records like you are your child's case manager
  • Old-school: 3-ring binders full of paper copies
  • Modern age: Cloud-based archival with built-in search features (you'll need a scanner or a scanner app on your phone for converting paper records into digital formats)
  • Keep everything in chronological order - it's tempting to group things into categories like all the assessment reports, all the IEPs, all the correspondence, etc., but this just makes it harder to piece together related events over time
  • Use the following format to name your digital records so they automatically display in chronological order when you sort the folder by file name: "[Year] [Month] [Day] [Document Description]" - For example:
    • "2024 12 14 Assessment Plan"
    • "2022 03 06 IEP"

As you will note, almost everything I've said above involves documents, but it can also apply to other types of records, such as audio recordings of IEP meetings. The laws vary from state to state as to when parents are allowed to audio record IEP meetings. In California, parents simply have to give at least 24-hour written notice that they intend to audio record an IEP meeting and their local education agency can't say, "No." The local education agency, however, becomes obligated to make its own recording when parents audio record their IEP meetings. Cloud-based storage solutions usually work best when having to save records with such large file sizes, but parents should keep copies of everything on their own hardware, as well, just in case they lose access to the cloud for any reason.

With respect to how to conduct yourself in 504 or IEP meetings going forward, the same guidance applies now that we've always given: Don't be the person in the meeting acting like an asshole. If the school people are going to do it, you have no control over their personal choices, but you do have control over how you respond. Meet the dumbfuckery with professionalism and fact-based communications. Don't stoop to their level. Always take the higher road and let them make the record acting foolish, not you. If you can't get them to act right in the moment, collect evidence to use to hold them accountable after the fact.

Stand firm with the facts and the applicable rules of law. Don't get sucked into emotional exchanges or rely on emotional appeals. How you feel about what they are doing is irrelevant to what the law requires them to do for your child. Stick to the rules and facts. Save your feelings for your civil rights lawsuit against them for pain and suffering if they've actually put you through it. The more you try to appeal to them to stop hurting you, the more they know they are being successful at hurting you. These are abusive people and confirming that they are being successful at abusing you just rewards their behaviors. You telling them that they are hurting your child and family will only be perceived by them as "owning the libs," even if you aren't actually a liberal.

These kinds of abusive, self-centered people consider your suffering to be their success, so don't give them the satisfaction. Just kick their asses with facts and law and let them stew in the juices of the consequences they will eventually incur when it finally happens. How they suffer as a result of being held accountable to your child and family isn't your problem, it's theirs, and Karma can be a real bitch.