Federal Legislation & News
in Special Education
COPAA Files Amicus Brief in the Eighth Circuit Regarding the Correct Standard for the Provision of a FAPE for Students with IEPs.
In February, COPAA filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in D.L. v. Omaha Public Schools in support of the family of a child with a disability. The brief urges the court to reverse the decision of the U.S. District Court for the District of Nebraska because the district court created and applied a lower standard for a free appropriate public education (“FAPE”) that directly conflicts with the FAPE standard required by the U.S. Supreme Court in Endrew F. v. Douglas County School District. You can read the amicus brief here.
COPAA Legal Director Selene Almazan and COPAA Amicus Committee Co-Chairs Ellen M. Saideman and Catherine Merino Reisman wrote the amicus brief. The family is represented by Amy Bonn, COPAA member.
In D.L., the school district placed a young child with autism in a self-contained classroom that was described by school staff as “chaotic” and where the district failed to implement her Individualized Education Program (“IEP”). The student was repeatedly physically harmed by another student and became afraid to go to school.
The district court stated in its decision that the Individuals with Disabilities Education Act (“IDEA”) requires “only reasonableness” with respect to providing FAPE to students with disabilities and found that the district had provided the student a FAPE under that standard. As COPAA argued in its brief, the district court misstated the IDEA’s FAPE obligation—which requires, pursuant to Endrew F., that school districts offer and implement an “IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances”—and that the school district failed to provide the student with a FAPE.
President’s Budget Request Anticipated Week of March 30
The release of the President’s budget request to Congress for Fiscal Year (FY) 2027 is anticipated sometime during the week of March 30. The President’s budget request is typically released in early February, but is delayed this year because of the furlough during last fall’s six-week federal government shutdown. While Congress waits for the White House, COPAA encourages all members to email your federal legislators and make recommendations for funding to support the Individuals with Disabilities Education Act (IDEA), Title I, the Office for Civil Rights, special education research, and more.
ED Seeks Comments on Comprehensive Centers Redesign: Literacy and Students With Disabilities Included as Priority
The U.S. Department of Education (ED) has released a notice seeking comments on proposed changes to the design and funding for the Comprehensive Centers (CC) program which are authorized under the Educational Technical Assistance Act administered by the Secretary of Education. As noted by ED, the CC program is intended to build the capacity of state, regional, local, and Tribal education agencies, and schools to improve instruction, expand educational opportunity, close achievement gaps, and raise outcomes—particularly for students with the greatest needs. The proposed redesign would include a National Center, Regional Centers, and Content Centers, one of which will be the National Center on Improving Literacy for Students with Disabilities. ED seeks input that addresses specific questions regarding priorities for CC redesign and the proposed new centers. COPAA will provide an opportunity in the coming weeks for members to submit comments to ED prior to the April 2 deadline.
Senator Hirono to Host Press Conference Marking One-Year Anniversay of ED’s Reduction in Force
Wednesday, March 11 at 11:00 am ET/5:00 am HT, U.S. Senator Mazie K. Hirono (D-HI), will host education advocates, leaders, and other stakeholders—including former U.S. Department of Education (ED) employees—at a press conference marking the one-year anniversary of ED’s Reduction in Force (RIF) that resulted in the firing of nearly half of all ED employees. Senator Hirono and speakers will raise alarms about how the Trump Administration’s massive cuts at ED have hurt students and families, educators, and federal workers over the past year. The press conference will be livestreamed on Senator Hirono’s YouTube account.
NCYL Launches ‘The State of Civil Rights for Students and Schools,’ a 50-State Legal Resource for Families and Advocates
The National Center for Youth Law (NCYL) today launched “The State of Civil Rights for Students and Schools,” a free online resource that compiles key education civil rights laws and frameworks from all 50 states and the District of Columbia. In conjunction with the launch of the new resource, NCYL will host a live webinar on March 19, featuring state and education leaders, to more deeply explore student civil rights and engage with advocates, attorneys, and community partners.
NCYL created “The State of Civil Rights for Students and Schools” so families, advocates, and attorneys can quickly identify protections and pathways for action where they live. The user-friendly resource is an initiative of NCYL’s Education Defense Fund, which was established in response to the federal government’s recent actions to reduce and dismantle civil rights enforcement in schools, which has left many students and families vulnerable to unchecked discrimination.
Special Education in limbo as Ed Department sheds more responsibilities
Disability Scoop
As the U.S. Department of Education accelerates efforts to dismantle the agency, the implications for students with disabilities remain murky. The agency said that it reached two new agreements late last month to transfer management of education-related programs to other federal departments. The deals follow seven so-called “interagency agreements” last year. Despite Trump administration officials repeatedly indicating that they intend to move oversight of special education to another agency, the program is not part of the newly announced partnerships. Neither is the Education Department’s Office for Civil Rights, or OCR, which handles disability discrimination complaints. The Education Department did not respond to multiple requests for comment about the current status of both.
Under Trump’s education funding cut, students with special needs struggle to seek job opportunities
Peninsula Press
Special Education student Joseph Reed never imagined he would lose his work-study job opportunity at the beginning of the 2025-2026 school year due to President Donald Trump’s funding cuts to K-12 education. “I was bummed,” said Reed. “I was sad and disappointed that [I] couldn’t work no more.” Reed is currently a freshman at Bay University, a special education adult transition program, which serves students aged 18 to 22 with moderate to severe developmental disabilities within the San Mateo Union High School District. This four-year program teaches students the social and vocational skills needed to live and work independently. Other than teaching students fundamental working and living skills, Reed and his peers were also guaranteed a paid work-study job under the Transition Partnership Program, a statewide initiative created by the California Department of Rehabilitation and Local Education Agencies to help special education students transition from school to work by offering vocational training, job preparation, and short-term employment support, according to the California Department of Rehabilitation website. Equipped with real-world working experience from the Transitional Partnership Program, most students were able to secure their jobs soon after graduation. But now, as the program’s work hours have been reduced from a 200-hour limit a year to a 120-hour limit in six years due to the funding cut, many students have reached their hour limit long before graduation, losing both a stable source of income and a stepping stone toward their future employment.
COPAA Files Amicus Brief in Second Circuit Court Regarding the Right of FAPE
Last week, COPAA filed an amicus brief with the United States Court of Appeals for the Second Circuit in A.H., V.B. and N.B. v. New York City Department of Education. The brief urges the court to reverse the decision of the United States District Court for the Southern District of New York in a case involving appropriate services (Applied Behavior Analysis, ABA) in a student’s IEP. You can read the amicus brief here.
COPAA Amicus Committee Co-chairs Ellen M. Saideman, Catherine Merino Reisman and COPAA Legal Director Selene Almazan wrote the brief.
The issue before the Hearing Officer (IHO) and the State Review Officer (SRO) was whether or not student, N.B., required a specific methodology in order to make meaningful progress commensurate with his abilities, namely the provision of ABA. The administrative decisions, finding that N.B. did not require one-on-one ABA were neither well-reasoned nor supported by the record. An evaluation of the appropriateness of an IEP offer must take into account the appropriateness of a school district’s offer of methodology given the information available to the IEP team at the time of the meeting. Because it failed to consider the offer in light of the information available at the time of the meeting, the district court’s handling of the issue was incomplete and erroneous.
COPAA urged the Court to reverse the findings by the district court.
COPAA Files Amicus Brief in Second Circuit Court Regarding the Right of Prevailing Parents To Recover Attorney’s Fees in Federal Court
Last week, COPAA filed an amicus brief with the United States Court of Appeals for the Second Circuit in The Law Office of Philippe J. Gerschel v. New York City Department of Education. The brief urges the court to reverse the decision of the United States District Court for the Southern District of New York in a case involving the right of parents who prevail in Individuals with Disabilities Education Act (“IDEA”) due process proceedings to recover attorney’s fees. You can read the amicus brief here.
COPAA’s fellow amici are New York State Council of Catholic School Superintendents and Sam Sutton, New York State Senator. COPAA Amicus Committee Co-chair Ellen M. Saideman and COPAA Legal Director Selene Almazan wrote the brief.
The focus of this case is the rights of families whose children are parentally placed in private schools and receiving services via Individualized Education Service Programs (“IESPs”). As the brief explains, the IDEA sets forth the minimum requirements for states to serve children with disabilities who are parentally placed in private schools; states can provide more for students. New York does provide greater rights and protections for these students and guarantees the application of IDEA’s procedural safeguards as well, including the right to attorney’s fees for prevailing parents.
COPAA and its fellow amici urged the Court to reject the argument that federal courts lack jurisdiction over IESP cases, including in cases seeking attorneys’ fees. Access to federal courts has been vital for families of students with disabilities, particularly in New York City. As COPAA and its fellow amici explained, the right of prevailing parents to attorneys’ fees is essential, as many parents cannot afford legal fees and would be unable to prevail without attorneys.
March 5-National Call-In Day: Tell Congress: Protect Children with Disabilities, Oppose Moving IDEA out of ED
COPAA is joining advocacy groups across the country on March 5 for a National Call-In Day to oppose moving oversight and administration of the Individuals with Disabilities Education Act (IDEA) and the Office for Civil Rights (OCR) from the U.S. Department of Education (ED) to a different federal agency. While there is no announced date for this move, officials have told COPAA they intend to make this change.
You can help by calling your U.S. Senators and U.S. Representative and urge them to tell ED to protect children with disabilities and DO NOT MOVE special education programs such as IDEA, vocational rehabilitation, and OCR out of the Education Department. (We appreciate those who have already emailed Congress, but we urge you to join the CALL-IN to have the most impact on this day!).
Use the links above or call the Capitol Switchboard at 202-224-3121. Ask to be connected to your Senator(s) and Representative. Once connected, use the suggested script to leave a message with anyone who answers the phone:
Hi, my name is _________ and I live in). I am a (parent of a child with a disability / advocate/concerned community member) calling to express my opposition to the U.S. Department of Education moving special education, vocational rehabilitation, and civil rights functions out of the Education Department. Special education programs are education programs first and should be administered by an agency that focuses on education. Other Departments like Health and Human Services and Labor don’t have experience running education programs that focus on educating and serving students with disabilities. Moving special education programs, vocational rehabilitation and civil rights investigations out of ED will only lead to less educational opportunity for students with disabilities.
I would like the Member of Congress to call the Secretary of Education and ask that special education programs, including vocational rehabilitation and civil rights investigations be kept at the Education Department. [The staffer that answers the phone will reply back to you.]
In closing, say: Please let the Member know how important this issue is to me and to their other constituents who focus on and support children with disabilities and their families. Thank you for your time.
DOJ Tells St. Louis Special School District that Seclusion and Restraint Practices Violate Federal Law
This week, the U.S. Department of Justice (DOJ) announced that it has notified the Special School District of St. Louis, Missouri (District) that the District’s seclusion and restraint practices violate Title II of the Americans with Disabilities Act. The District is now required to implement remedial measures to address the deficiencies and protect the civil rights of students with disabilities. According to DOJ’s Findings, the District discriminates against students with disabilities by “routinely subjecting them to ineffective seclusion practices that are highly susceptible to abuse and restraints without justification, rather than providing the interventions and supports they need to receive the education they are guaranteed by federal law.” As part of its Factual Findings, DOJ wrote, “the District treated seclusion and restraint not as crisis responses to be used in rare emergencies but as a routine response to student behavior.” Among the nine required remedial measures outlined by DOJ, the District must: end the use of seclusion and supine restraint; prohibit the use of restraint unless the student’s behavior poses an imminent danger of physical harm to the student or another person; implement policies and procedures for suicide and self-harm prevention; document all uses of restraint and review and monitor incidents to ensure compliance with state law and District policies; provide students with interventions and supports to address their behaviors; offer compensatory education to students subjected to seclusion and restraint; train personnel, and more.
In response to the DOJ’s announcement, COPAA CEO Denise Marshall stated, ”I am pleased to see the remedial steps required. As we have long advocated, including as the lead advocate for the federal Keeping All Students Safe Act (KASSA) (HR 6617/S.3448), no student should ever be subjected to the trauma of seclusion nor the harmful effects of inappropriate restraint.” COPAA urges all members to email Congress and urge support for and swift passage of KASSA.
ED Proposes Transfer of Education Safety and Foreign Aid Programs to Other Agencies
Monday, the U.S. Department of Education (ED) announced two new interagency agreements (IAAs) that will transfer foreign gift and contract reporting for certain domestic public and private institutions of higher education (IHEs) to the U.S. Department of State (State), and certain school safety, early education, full-service community schools and statewide family engagement programs to the Administration for Children and Families (ACF) within Health and Human Services (HHS). The foreign gift and contract reporting activities are required to be conducted under Section 117 of the Higher Education Act of 1965 and the School Emergency Response to Violence (Project SERV), School Safety National Activities, Ready to Learn Programming, Full-Service Community Schools, Promise Neighborhoods, and Statewide Family Engagement Centers are authorized under the Elementary and Secondary Education Act. These IAAs follow the announcement of six prior agreements last November whose finalization and details remain in flux. While the new IAAs do not directly impact the Individuals with Disabilities Education Act (IDEA), COPAA is deeply concerned with any action taken by ED that seeks to separate or shift authorized K-12 programs out of ED that supports the ecosystem of education created by Congress to support all children, including students with disabilities and their families. See COPAA’s alert urging Congress to protect children with disabilities and stop any action to dismantle ED.
Ed Department Dismissed 90% Of Civil Rights Complaints Alarming Disability Advocates
Disability Scoop
The U.S. Department of Education dismissed the vast majority of discrimination complaints it received — likely including many based on disability — all while spending millions in an effort to fire staff charged with investigating such cases. A new report from the Government Accountability Office finds that between March and September 2025, the Education Department’s Office for Civil Rights resolved more than 7,000 of the 9,000-plus discrimination complaints it received. In about 90% of cases, complaints were dismissed. At the same time, the Department of Education spent as much as $38 million to pay hundreds of staffers from the agency’s Office for Civil Rights who were on paid leave as a result of reduction in force and reorganization efforts, GAO said. The findings are especially alarming for students with disabilities, advocates say.
Education Department officials told GAO investigators that the civil rights office kept up with its workload and met its mission even while hundreds of staffers were on paid leave. But, Marcie Lipsitt, a special education advocate in Michigan who routinely helps families file complaints with the Education Department, described the Office for Civil Rights as “closed for business.” “I have heard nothing since last March, and neither have parents that I assisted with complaints,” said Lipsitt, who indicated that she has several hundred open complaints with the civil rights office.
How special educators can help students when ICE comes to town
K-12 Dive
Faced with students staying home or switching to online learning because of immigration enforcement activity, special educators are working to continue individualized services for students with disabilities who are suddenly out of the school building. “When we started even talking about a virtual learning option, it really came from a place of concern for our students and their access to education,” said Heidi Nistler, assistant superintendent of specialized services for St. Paul Public Schools in Minnesota. The district’s 33,000 general and special education students have the option to enroll in temporary virtual learning, which began Jan. 22 after Immigration and Customs Enforcement activity roiled the Minneapolis-St. Paul community. About 20% of the district’s students have opted into the temporary remote learning model.
Congress Fails to Negotiate Final Homeland Security Funding Bill
The February 13 deadline set by last week’s continuing resolution (CR) to fund the Department of Homeland Security (DHS) is expected to lapse tonight without a new spending agreement from Congress. Without a final bill or new CR, DHS is expected to shut down until a deal can be reached. Because Congress goes into a scheduled recess next week, it is unclear when a new agreement will be finalized. While DHS is the only federal agency impacted by the shutdown -as all other agencies are funded through September 30, 2026- the political and on-the-ground tensions continue to unfold. Depending on the length of the shutdown, air travel could be impacted, as the Transportation Security Administration, which handles airport security, is funded through the bill.