Across the United States, public schools have opened. School’s back. The advent of classes comes with its own routine – buying new clothes, arranging school supplies, reuniting with old friends and making new ones, new schedules, and the end of lazy summers.
But this year, students and their families face brand new, perhaps unexpected challenges. According to the Center for American Progress (CAP).
“Since assuming office in January 2025, the second Trump administration has taken steps to diminish the federal government’s role in public education while withholding federal funds and attempting to control local [schools’ curriculums] and instruction.”
The federal actions have left many students and families uncertain about what to expect as public schools ramp up for the new school year. Traditionally and by federal statute, public school administration is left to local governments, not to Washington. Indeed, federal law prohibits the federal government controlling a public school’s curriculum, instruction, or text materials, for example.
The administration has also closed Department of Education (DOE) Civil Rights offices. The DOE is responsible for enforcing civil rights protections such as those protecting LEP people, students of color, English language learners, students with disabilities and all students claiming discrimination based on sex.
The administration has terminated about half of DOE’s work force. According to CAP: “The Department of Education now has only about 2,000 employees responsible for overseeing the education of more than 50 million school-aged children and 18.4 million students in postsecondary education.” The administration withheld more than $6 billion in federal funding to K-12 education, which is 14.4% of DOE’s budget.
According to CAP:
“These funds were intended to support professional development for educators (Title II-A); services for English learners (Title III-A); migrant education services (Title I-C); 21st Century Community Learning Centers, which provide summer learning and after-school programs (Title IV-B); and student support and academic enrichment (Title IV-A)…
While some funds have been released, the administration continues to withhold more than $4 billion for programs that K-12 public schools need to ensure a successful academic year, including those that support teacher effectiveness, school-based mental health services, and long-term academic recovery from the pandemic.”
Many federal laws support language and disability access and require federally subsidized public schools to provide free interpretation and translation so people can access the services they need regardless of where they come from or what oral or sign languages they speak. These laws include: Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act; Section 1557 of the Affordable Care Act; Individuals with Disabilities Education Act (IDEA); and Equal Education Opportunity Act (EEOA).
Federal laws prohibit entities receiving federal financial assistance from discrimination on the basis of race, color, sex, national origin, and disability. Public schools must provide an equal opportunity to people to participate in and benefit from school programs and services and ensure that communications with deaf and LEP people are as effective as they are with others by using qualified interpreters and translators Illustrating the salience of language access legal obligations, a federal court recently opined about required language assistance in public schools:
“The IDEA contains procedural safeguards designed, in part, to ensure “that families of such children have meaningful opportunities to participate in the education of their children at school and at home.” 20 U.S.C. §1400(c)(5)(B). For example, the school “must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.” 34 C.F.R. § 300.322(e). T.R. v. School District of Philadelphia, (E.D. Pa., 2016).
Funding reductions, staff cutbacks, and new interpretations of public education civil rights law will directly impact English Language Learners, LEP students and families, and students with disabilities. For example, funding for translations, spoken language and ASL interpreters, and overall civil rights compliance may also be reduced, which affect millions of students and families.
The administration’s changes related to language and disability access will negatively impact students, a quickly growing population.
“English language learners (ELLs) are currently the fastest growing group among the school-age population in the United States.
There are now roughly 5.3 million ELLs in K-12 public schools in the United States, representing approximately 10.8% of all students (National Clearinghouse for English Language Acquisition). The U.S. Department of Education estimates that this figure will increase to 25% of students by 2025 (Spellings, 2005).”
English Language Learners’ Access to and Attainment in Postsecondary Education, TESOL Quartkey, 2015, Kanno and Cromley.
Before IDEA was enacted, states often refused to accommodate students with disabilities. Families and students with disabilities had to advocate for themselves or find an alternative to traditional public schooling—something only the wealthiest families could afford.
Currently, under IDEA, public schools must provide children with qualifying disabilities the supports they need to make meaningful academic progress in the least restrictive learning environment. These specific supports are mapped by teachers, administrators, and parents in each child’s Individualized Education Program (IEP).
Legally binding documents, IEPs establish what special education services and accommodations a school must provide to help a student succeed. This can include how the school teaches a student and what they learn. A student may need textbooks printed in Braille or a specialized learning setting, such as a smaller classroom or additional certified special education teachers. They may attend their classes with an aide who can read test questions to them out loud. Others may need homework at a lower reading level than their peers.
Over the past decade, the number of students with IEPs has increased by about 1 million students. Today, more than 7.5 million students across the US have an IEP, representing more than 15 percent of all public school students ages 3-21.”
With the start of 2025-26 public school classes, students and parents have the usual concerns about homework, new teachers, and new classmates. But this fall, schools must work to ensure that students who do not speak English or who are deaf, hard of hearing, blind or low vision have full and equal access to federally funded school activities and programs, all with reduced funding for language services and disability
As school begins, student, parents, teachers, and administration face the yearly challenges inherent in elementary and secondary education. For the new school year, there are changes to the customary routines and new accommodations to be made between now and the start of summer vacation in 2026.
© Bruce L. Adelson 2025 All Rights Reserved The material herein is educational and informational only. No legal advice is intended or conveyed.
Bruce L. Adelson, Esq., is nationally recognized for his compliance expertise. Mr. Adelson is a former U.S Department of Justice Civil Rights Division Senior Trial Attorney. Mr. Adelson is a faculty member at the Georgetown University School of Medicine and University of Pittsburgh School of Law where he teaches organizational culture, implicit bias, cultural and civil rights awareness.
Mr. Adelson’s blogs are a Bromberg exclusive.