Advocates Warn Federal Education Changes Could Threaten Special Needs Students in New Jersey
The Individuals with Disabilities Education Act (IDEA) — a critical law ensuring students with disabilities receive appropriate public education — remains unchanged. However, staffing cuts at the U.S. Department of Education could result in less accountability.
NEWARK, NJ — Major changes at the federal level could have lasting impacts on special education services across New Jersey, experts warned during a recent virtual press briefing aimed at raising awareness among journalists and families.
The discussion, facilitated by the Center for Cooperative Media at Montclair State University and hosted by Jesse Gomez of Chalkbeat Newark on Thursday, April 17, 2025, featured Carolyn Hayer, executive director of the SPAN Parent Advocacy Network, and Nina Peckman, an education attorney with Advocates for Children of New Jersey (ACNJ). Both highlighted the challenges facing students with disabilities following a federal executive order that shifted oversight of special education from the Department of Education to the Department of Health and Human Services.
The Individuals with Disabilities Education Act (IDEA) — a critical law ensuring students with disabilities receive a free, appropriate public education — remains unchanged. However, advocates said that significant staffing cuts at the U.S. Department of Education and defunding of oversight agencies like the Institute of Education Sciences could result in less accountability, weaker enforcement, and widened disparities among districts.
“This is a critical moment for families,” Hayer said. “The law still stands. The rights of children are still intact. But the infrastructure that has supported those rights — oversight, guidance, enforcement — is being dismantled."
New Jersey serves approximately 200,000 to 243,000 special education students, accounting for about 15% of the student population. Hayer and Peckman agreed that while New Jersey’s state laws often go beyond federal requirements, the loss of federal support could still have profound effects, particularly on low-income, immigrant, and non-English speaking families.
"Without federal guidance documents, it becomes harder for parents — especially those who can't afford lawyers — to advocate for their children," Peckman said. "Schools often don't know the law themselves, and without enforcement, vulnerable students suffer."
Both advocates pointed to rising cases of discipline and inappropriate placements for students with disabilities, worsened by pandemic-related learning loss and staff shortages. According to Hayer, students with disabilities fell even further behind academically during the pandemic and continue to face a lack of services today.
“If funding cuts continue, services like speech therapy, properly trained aides, and access to inclusive classrooms could disappear,” Hayer said.
In addition to academic concerns, the advocates warned of a potential rise in the use of restraints and seclusion tactics against students with disabilities — a controversial and legally permissible practice in New Jersey for this population — as schools struggle with fewer resources and higher stress.
Families in wealthier districts may fare better, the panelists acknowledged, while students in low-income communities will likely feel the brunt of the cuts.
"Funding inequities already exist based on zip code," Hayer said. "These changes will only make things worse."
Peckman urged families to stay engaged, attend IEP meetings, demand accountability, and seek support from advocacy organizations. Both SPAN and ACNJ offer free resources and assistance to families navigating special education issues.
“This is not the time to give up,” Hayer said. “Families must continue advocating fiercely for their children's rights.”
For more information, families can visit www.spanadvocacy.org or contact Advocates for Children of New Jersey at www.acnj.org.
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