Special education services wouldn't even exist without legislation. Until 1975, with the passage of PL 94-142, the Education for all Handicapped Children Act (now referred to by its more recent name of IDEA), there was no right for children with disabilities to even have a free appropriate public education.
Without legislation to require special education services, you can be sure that many districts would decide that special ed is too expensive and they would seek to balance their budgets by cutting special ed. So continued reauthorization of special education rights is necessary.
systems be made and structured be established.