Federal Legislation & News
in Special Education
THIS WEEK: Tell the Senate to Support Children with Disabilities, REJECT the Budget Reconciliation Bill
Thank you to those COPAA members who have shared your stories about why Medicaid matters and the harms it will cause to you/your family if Congress’s proposed [deep] cuts are made to Medicaid through budget reconciliation. Your voice is making a difference, as some moderate Senate Republicans are listening as they learn more about the harmful impacts these cuts would have on their constituents. We must keep up the momentum!
Background: Republicans are seeking to extend the 2017 business tax credits and other provisions totaling more than $1.5 trillion through a budget reconciliation bill. The budget reconciliation process is separate from the annual appropriations process Congress uses to fund IDEA annually and is only available when a Party (e.g., Republicans) controls both the White House and Congress. The partisan reconciliation bill is a top priority of the Republicans and is expected to be sent to President Trump for signing in early July.
Under budget reconciliation rules, Congress must find ‘pay fors’ to extend any tax credits or alter revenue-related items in the federal budget. The ‘pay fors’ proposed by the House in HR 1 and some Senate Republicans includes more than $800 billion in cuts to Medicaid and $350 million in cuts to student loans while at the same time proposing a new $4 billion/yr (with no expiration) for a federally funded school voucher mechanism that will not protect access to IDEA rights. In short, the deep cuts to Medicaid and the voucher provision will harm students with disabilities.
THIS WEEK, the Senate is expected to debate and vote on its budget reconciliation bill. PLEASE TELL your Senators to support and protect children with disabilities and REJECT the current budget reconciliation bill.
U.S. Department of Education releases its 2025 IDEA state determinations
The U.S. Department of Education released its 2025 IDEA determinations for each state and territory. To read more, here is the announcement from ED with links to individual state determination letters: 2025 Determination Letters on State Implementation of IDEA – Individuals with Disabilities Education Act. To dig deeper, check out analysis from the Advocacy Institute, which found that fewer states were rated as “meets requirements” compared to the previous year: Blog Archive » How the States Stack Up: 2025 IDEA State Determinations
Some states reexamine school discipline as Trump order paves go-ahead
The Highland County Press
In the wake of President Donald Trump’s executive order aiming to reinstate “common sense” school discipline, more states may follow and expand the authority of teachers and school officials to deal with disruptive students. The order, signed in April, repeals prior federal guidance that encouraged schools to address racial disparities in discipline, arguing that such policies promoted “discriminatory equity ideology” and compromised school safety by pressuring administrators to underreport serious student misconduct. In some states, new legislation is already trending toward giving teachers more authority to address student misbehavior. In West Virginia, for example, a new law creates a structured process for responding to violent, threatening, or disruptive behavior among students in grades K-6. Under the law, a student exhibiting such behavior can be immediately removed from class, evaluated by counselors or behavioral specialists, and placed on an individualized behavior plan
COPAA Submits Amicus Brief to the Sixth Circuit Regarding the Right of Individuals with Disabilities to Sue State Departments of Education under Title II of the ADA
Last week, COPAA submitted an amicus brief to the U.S. Court of Appeals for the Sixth Circuit in Y.A. v. Hamtramck Public Schools in support of the plaintiffs-appellants’ Petition for Rehearing En Banc, which is a request that all of the Sixth Circuit judges reconsider the case, vacate the decision of the smaller panel of Sixth Circuit judges that previously heard and decided the case, and affirm the decision of the U.S. District Court for the Eastern District of Michigan.
You can read the amicus brief here.
In this case, a group of parents of children with disabilities sued their public school district and the Michigan Department of Education for violations of the Individuals with Disabilities Education Act (IDEA), Title II of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act.
If the Sixth Circuit grants the families’ Petition for Rehearing En Banc, the full appellate court will reconsider the case and could change the court’s earlier decision that the Michigan Department of Education cannot be sued for alleged violations of Title II of the ADA.
The State of Michigan had moved to dismiss the parents’ claims against it before the federal district court, which denied the State’s motion. With respect to the parents’ ADA Title II claim, the district court held that the ADA abrogated states’ sovereign immunity under the Fourteenth Amendment, meaning that states can be sued under Title II of the ADA. Michigan filed an interlocutory appeal with the Sixth Circuit, where the panel reversed the district court’s decision.
COPAA and its fellow amici argue that the case should be reconsidered by the full Sixth Circuit because state education agencies do not have immunity from suits brought pursuant to Title II of the ADA, as a state’s obligations under the IDEA create a “service” or “program” under Title II, thereby triggering the state’s liability for ADA violations. As the amicus brief explained further, all other federal circuit courts of appeals that have considered this question have held that “Congress validly abrogated sovereign immunity for [ADA] Title II public education discrimination claims, consistently holding that the documented history of disability discrimination in educational settings provides sufficient constitutional foundation for congressional action under the Fourteenth Amendment.”
COPAA Legal Director Selene Almazan wrote the amicus brief. Amicus Cochairs Alexis Casillas, Ellen Saideman and Catherine Merino Reisman assisted. COPAA’s fellow amici are Disability Rights Michigan, Disability Rights Ohio, Disability Rights Tennessee, Erwin Chemerinsky, and Michigan Disability Rights Coalition.
An additional amicus brief in support of the families’ Petition for Rehearing En Banc was submitted by Abdnour Weiker, MI AECRES, Kentucky Protection & Advocacy, Law for Baby Boomers, and Autism Alliance of Michigan. You can read that amicus brief here.
Senate Committees Release Portions of Reconciliation Bill
As COPAA members know, in May, the House of Representatives passed the One Big Beautiful Bill Act (HR 1) -to advance Republican spending priorities through the budget reconciliation process- and this month Senate committees are vetting various pieces (that may differ from the HR 1) so the Senate version both conforms to Senate rules that govern the budget reconciliation process and addresses Senators’ priorities and concerns related to some parts of HR 1. Specifically, the Senate Health, Education, Labor, and Pensions (HELP) Committee unveiled their proposal, last week, which rejects some of the most harmful higher education provisions that were included in HR 1 –including the reduced access to Pell grants that would have impacted students with disabilities as well as the requirement for lenders to utilize ‘risk sharing’ which could have exposed disabled borrowers to bias and discrimination. Unfortunately, the Senate Finance Committee bill continues to include massive cuts to Medicaid, which harms access to IDEA Part C services for infants/toddlers with disabilities as well as school-based services for eligible K-12 students with disabilities, as well as long-term services and supports. The Finance Committee bill also includes the education tax credit (aka school voucher) provision, at $4 billion annually, with no expiration date. Due to these provisions, COPAA will continue to urge the Senate to reject the partisan budget reconciliation package. In terms of process, before the President can receive the final bill for signing, Senators still need to vote on the full reconciliation package and either conference their version with the House [prior to that vote] or, amend the House version with the Senate version and send it back to the House for final approval.
COPAA Opposes Department of Energy Proposal to Gut 504 Accessibility Regulations
COPAA has filed public comments in response to a U.S. Department of Energy (DOE) notice of proposed rulemaking that proposes to eliminate requirements for accessibility of buildings] under Section 504 of the Rehabilitation Act. While COPAA does not typically comment on policy matters at the DOE, the comments were warranted given the flagrant use of a policy tool known as a “direct final rule” -which bypasses requirements under the Administrative Procedures Act- as well as the intention of the rule to gut federal 504 accessibility requirements.
ED Announces New Round of Political Appointees
The U.S. Department of Education (ED) has appointed Lindsey Burke, Ph.D. as Deputy Chief of Staff for Policy and Programs. Burke spent 17 years at the Heritage Foundation, most recently serving as Director of the Center for Education Policy where she led th organization’s work on preschool, K–12, and higher eeducation policy and research. Burke was the major author of the education section of Project 2025 . In addition to Burke, ED has announced six additional appointments: Jeffrey Andrade – Deputy Assistant Secretary for Policy, Planning, and Innovation, Office of Postsecondary Education; Christopher J. McCaghren – Deputy Assistant Secretary for Higher Education Programs, Office of Postsecondary Education; Nicholas “Nick” Moore – Deputy Assistant Secretary for Career, Technical, and Adult Education; Jason Delisle – Chief Economist and Senior Adviser, Office of the Under Secretary; Casey K. Sacks, Ph.D. – Senior Policy Advisor, Workforce and AI; and Meir Katz – Senior Advisor, Office for Civil Rights.
Advocates Seek to Protect Children with Disabilities from Federal Cuts
Nonprofit Quarterly
In March, President Donald Trump issued Executive Order 14242 seeking to eliminate the US Department of Education. That order has since been blocked by a preliminary injunction issued on May 22 by US District Judge Myong J. Joun of Boston, but advocates for students with disabilities remain concerned. Meanwhile, the Trump administration’s efforts to axe the department and cut funding continue. Judge Joun’s injunction called for the laid-off employees to be reinstated, but so far that has not happened. However, on June 12, the Federal News Network reported that staff who have been laid off were receiving inquiries from department management asking if they’re still available to work, suggesting that a move to reinstate at least some of the employees may be underway.
Last Week Before the Ninth Circuit: Oral Argument for the Right of Students with Disabilities to a Full School Day
On June 6, 2025, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in J.N. v. Oregon Department of Education , a case in which several advocacy organizations—including COPAA—have sought to end the State of Oregon’s longstanding systematic failures that have effectively denied students with disabilities the right to a full day of school. This case was first brought in the U.S. District Court for the District of Oregon in 2019 as a federal class action lawsuit on behalf of students with disabilities being subjected to shortened school days; COPAA is also a plaintiff. The plaintiffs are represented by the National Center for Youth Law, Disability Rights Oregon, COPAA, the Bazelon Center for Mental Health Law, and McDermott Will & Emery LLP. COPAA Legal Director Selene Almazan is one of the attorneys on the case.
Richard D. Salgado of McDermott Will & Emery LLP in Dallas, Texas, argued the case before the Ninth Circuit. You can watch the recording of last week’s oral argument here.
Despite hundreds of students with disabilities in Oregon still being subjected to discrimination and shortened school days, the federal district court dismissed the case as moot in 2024, citing the passage of an Oregon state law that only partially addressed the problem of shortened school days for children with disabilities across the state. While the new law and new policies adopted by the Oregon Department of Education reflect positive steps, they do not remedy the systematic failures that led to the lawsuit. Because many students with disabilities in the state are still experiencing the harm of shortened school days and there is still much relief that can be granted by the district court, COPAA and its fellow plaintiffs argued on appeal that this case is not moot and that the Ninth Circuit should reverse the federal district court’s decision and remand the case for further proceedings.
You can read the briefs submitted to the Ninth Circuit by the plaintiffs and amici:
Opening Brief of Plaintiffs-Appellants
Plaintiffs-Appellants’ Reply Brief
Amicus Brief in Support of Plaintiffs-Appellants by the American Civil Liberties Union
White House Releases Budget, IDEA & ESEA Programs Significantly Altered
On May 30, the Administration released a Fiscal Year (FY) 2026 budget proposal which proposes $12.35 billion in cuts to the U.S. Department of Education (ED), which includes significant eliminations and consolidations of authorized programs under both the Elementary and Secondary Education Act (ESEA) as well as the Individuals with Disabilities Education Act (IDEA). Specifically, most of ESEA’s Title programs (except for Title I) are eliminated, and a smaller “K-12 Simplified Funding Program” is established, providing states with the flexibility to determine how to prioritize the funds. Such consolidation would require approval by Congress.
For IDEA, the budget proposes the elimination of current Part B 619 preschool grants (ages 3-5) and all Part D National Activities programs with the recommendation to transfer [all] to the Part B grants to states (ages 6-21). Because currentlaw does not allow this flexibility -and in fact requires specific activities to be funded and overseen by the Secretary under IDEA Part B 619 and Part D- ED has requested Congress to provide “new appropriations language that would allow States to reserve additional funds for activities previously administered by the Department under the National Activities and Preschool Grant programs.” If approved, states would then determine whether and how to fund preschool education for children with disabilities, parent training and information centers, personnel preparation for special educators, technical assistance in evidence-based practices, and accessible classrooms, materials, and assistive technology. Significant cuts are also proposed to research and innovation (e.g., eliminating the National Center for Special Education Research, among others), and the Office for Civil Rights budget is cut by one-third. Other agencies, such as Health and Human Services (HHS) include major consolidation of programs to include the proposed elimination of the Administration for Community Living (wrapped into the Office for Children and Families). While most disability support programs (e.g., protection and advocacy, developmental disability councils etc.,) remain intact, the consolidation is concerning given that capacity at HHS has been impacted due to a recent reduction in force.
On the process front, appropriators have just begun negotiations on FY 2026 bills, and ultimately, it is up to Congress, and not the Administration, to determine spending priorities and levels. To highlight details from the FY 2026 budget, Stride Policy has prepared the attached chart for your reference and to ensure Congress hears from COPAA’s members, we urge you to email your Representative and Senators about the need to invest in all of IDEA’s programs to ensure students with disabilities thrive.
McMahon Proposes $12.35B Budget Reduction to ED
U.S. Department of Education (ED) Secretary Linda McMahon presented ED’s Fiscal Year (FY) 2026 budget to both the Senate Appropriations Committee and the House Committee on Education and Workforce. As part of her testimony, McMahon detailed two primary objectives for K-12 funding: enforcing the Administration’s goals to use their interpretation of federal law [to eliminate the federal role in K-16 education] and emphasizing school choice. During the question-and-answer sessions, Members of both chambers were particularly interested in knowing why the TRIO program -a college access program for youth [including students with disabilities]- had been eliminated and why before-school and aftercare funds that were legally appropriated for FY 2025 had not been spent. Many were also concerned about recent cuts to student mental health care, especially when data shows that youth mental health is in crisis. Other points of contention focused on ED’s ongoing delay in showing how FY 2025 funds will be dispersed. In response to McMahon’s assertion that the Department is “working on it,” several Senators emphasized that FY 2025 is ending in four months and that staff reductions at ED will make the disbursements difficult to manage in a timely manner.
Senate HELP Committee Conducts Nomination Hearing for ED Positions
On Thursday, the Senate Committee on Health, Education, Labor, and Pensions (HELP) held a hearing to consider the nominations of Dr. Penny Schwinn for Deputy Secretary of Education and Kimberly Richey for Assistant Secretary for Civil Rights (OCR) at the U.S. Department of Education (ED). In her remarks, Dr. Schwinn emphasized the importance of centering education policy on student needs rather than systems, highlighting her track record in Tennessee on reading outcomes and [public] school choice. She underscored the importance of state-level innovation, local authority, and accountability. Ms. Richey, nominated to lead the ED’s OCR, stated her commitment to protecting students from discrimination in all forms and emphasized the need to ensure civil rights protections, particularly for students with disabilities and LGBTQ+ students. Senators questioned her on topics ranging from antisemitism and office closures to the backlog in civil rights complaints. Richey affirmed her intention to advocate for adequate OCR resources and a balanced focus across all protected statuses. Throughout the hearing, Senators expressed divergent views on issues like Title IX protections, school choice, and the role of the federal government in education. While some, such as HELP Committee Chair Bill Cassidy (R-LA) and Senator Tommy Tuberville (R-AL), emphasized local control and the value of parental choice, others, including Vice Chair Patty Murray (D-WA) and Senator Maggie Hassan (D-NH), raised concerns about data transparency, mental health support in schools, and proposed departmental reorganizations.
GAO Recommends DoD Assess Mental Health Services to Students
The U.S. Government Accountability Office (GAO) released an investigative report into the adequate provision of mental health services in Department of Defense Education Activity (DoDEA) schools. As a result, the GAO has found seven recommendations for Department of Defense (DoD) action. “ DoD agreed or partially agreed with six recommendations, and disagreed with one, which GAO maintains is valid.” Agreed upon or partially agreed upon recommendations will strengthen support for student mental health and academic services. The report calls for the DoDEA to issue guidance discouraging the use of school counselors as standardized testing coordinators, ensuring they remain focused on student support. It also recommends assessing the current workforce’s capacity—particularly access to school psychologists and school counselors—to implement the federally recognized Multi-Tiered System of Supports (MTSS) to support academic and behavior needs of students and developing a plan to address any staffing gaps. The report also urges comprehensive evaluations of the Military and Family Life Counseling (MFLC) and School Behavioral Health programs, incorporating feedback from staff and leaders to improve effectiveness. DoD disagrees with the recommendation that the Secretary should instruct the Director of the Directorate of Prevention, Resilience, and Readiness to assess how the Adolescent Support and Counseling Services (ASaCS) program is being used, gather input from DoDEA staff and school leaders, and create a plan to address any concerns revealed by the evaluation.
Trump Wants to Cut More Than 40 Federal K-12 Programs. See Which Ones
Education Week
President Donald Trump is proposing $12 billion in cuts to the U.S. Department of Education budget for the fiscal year that starts Oct. 1. The plan “reflects an agency that is responsibly winding down,” the administration says in budget documents. While the president’s budget proposal keeps topline funding steady for the Education Department’s two largest sources of funding for schools, Title I and the Individuals with Disabilities Education Act, it asks Congress to eliminate nearly four dozen other grant programs that provide services for specific K-12 student populations, pay for teacher training and professional development, and fund education research and data collection, according to an Education Week analysis of the Trump budget. The Trump administration proposes to consolidate 18 of those grant programs into a $2 billion “K-12 Simplified Funding Program” that states and districts would have substantial flexibility to spend as they see fit—though with $4.5 billion less overall than what the individual programs it would replace currently provide. It proposes eliminating six special education grant programs and transferring the money allocated for them into the primary IDEA funding stream for states.
Note: Requires subscription
ED FY 2026 Budget Would Eliminate IDEA’s National Activities, Asks Congress to Amend the Law
Last Friday, the U.S. Department of Education (ED) released its Fiscal Year (FY) 2026 budget detail that includes major cuts and changes to education programs, including the Individuals with Disabilities Education Act (IDEA). Described as “streamlining” and “giving power back to the states,” the FY 2026 budget proposes that Congress eliminate all of the Individuals with Disabilities Education Act (IDEA) Part D National Activities currently overseen by the Office of Special Education. As proposed, those program funds would be wrapped into the Part B grants to states (ages 6-21) and would also combine IDEA Part B 619 preschool grants (ages 3-5) into Part B state grants. Part D programs are authorized and required by law to provide essential supports, including parent training and information centers, personnel preparation, technical assistance centers (e.g.. PBIS, significant disproportionality, inclusive classrooms), training for new special educators and general educators, assistive technology/accessibility supports, and more. Because current law does not allow this flexibility -and in fact requires specific activities to be funded and overseen by the Secretary of Education under IDEA Part B 619 and Part D- ED has requested Congress to provide “new appropriations language that would allow States to reserve additional funds for activities previously administered by the Department under the National Activities and Preschool Grant programs” without explaining whether and how the existing Part B 619 and Part D requirements would be altered. COPAA is extremely concerned about the proposal and will continue to recommend to Congress that no changes be made to IDEA through the appropriations process or otherwise at this time.