Federal Legislation & News

in Special Education

More Federal Special Education News is available in our Archive

What does NAEP show for special education students?

K-12 Dive

Math and reading scores declined or held steady for special education students on the 2024 National Assessment of Educational Progress — for both 4th and 8th graders — when compared to NAEP results from 2022 and 2019. The biggest decline came with 2024’s average score for 8th-grade math, which dropped to 238, down from 242 in 2022 and 247 in 2019. Looking at reading scores for 2024, 72% of 4th graders with disabilities, including those with a 504 plan, scored below basic — the lowest achievement category. For 8th graders, 66% of students with disabilities scored below basic. The other categories are: at or above basic, at or above proficient, and at advanced. While the decline in scores from pre- and post-COVID-19 performances is disappointing to many in the special education field, the scores from students with disabilities are similar to the average score declines seen for all students.

Department of Education Halts Thousands of Civil Rights Investigations

ProPublica

In the three-and-a-half weeks since Donald Trump returned to the presidency, investigations by the agency that handles allegations of civil rights violations in the nation’s schools and colleges have ground to a halt. At the same time, there’s been a dramatic drop in the number of new cases opened by the U.S. Department of Education’s Office for Civil Rights — and the few that attorneys have been directed to investigate reflect some of Trump’s priorities: getting rid of gender-neutral bathrooms, banning transgender athletes from participating in women’s sports and alleged antisemitism or discrimination against white students. The OCR has opened about 20 new investigations since Trump’s inauguration, sources inside the department told ProPublica, a low number compared with similar periods in previous years.  Historically, the bulk of investigations in the office have been launched after students or their families file complaints. Since Trump took office, the focus has shifted to “directed investigations,” meaning that the Trump administration has ordered those inquiries.

What Happens to Students With Disabilities if the Department of Education Were Dismantled?

The Tennessee Tribune

COPAA member Heather Eckner shares this column about the potential impact of dismantling the US Department of Education, noting, “The U.S. Department of Education plays a crucial role in ensuring that all students, regardless of background or ability, have access to a quality education. For students with disabilities, the Department has been instrumental in creating programs, policies, and frameworks that ensure equitable educational opportunities. For students with disabilities, the consequences could be significant and detrimental to their ability to succeed in school and beyond.”

ACT NOW! Tell Congress to Support Medicaid, Protect Children with Disabilities

The House and Senate are negotiating budget resolution bills to support major tax cuts in the pending budget reconciliation package. To pay for the tax credits, the House Budget Committee has asked authorizers to find $880 Billion in cuts, and the Senate Budget Committee is looking for $1 Billion. We know that Medicaid is a primary target to pay for the tax credits. If Congress cuts Medicaid funding, states will not have the promised federal matching dollars to pay for the vital health services that ensure students with disabilities have adequate educational opportunities and jeopardize $7.5 billion in funding for school-based Medicaid services.  Medicaid is a cost-effective and efficient provider of essential healthcare services for children. School-based Medicaid programs serve as a lifeline to children who can’t access critical health care and health services outside of their school. Some school districts use Medicaid to pay for school nurses, counselors, psychologists, and other trained professionals who help all children, and these positions and the services they provide will be in jeopardy as states struggle to make up the difference. 

Contact your representatives here.

COPAA also signed with 60+ national education and disability organizations in a letter sent to Congress last week

Senate Committee Holds McMahon Confirmation Hearing

On Thursday, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing to consider the nomination of Linda McMahon to be Secretary of the U.S. Department of Education (ED). In her opening remarks, McMahon pledged to deliver on education-related campaign promises, including focusing on parents and limiting the federal role in education. A question-and-answer session began with HELP Committee Chair Bill Cassidy (R-LA), who asked about early diagnosis of dyslexia, whereby McMahon committed to working with the Chair on his priority. Among many questions related to the Trump campaign promise to shutter ED, Senator Collins (R-ME) asked how oversight and administration of education programs would continue under a reorganization or closure of the Department. McMahon remarked that she would examine whether laws such as the Individuals with Disabilities Education Act (IDEA) “might be better served” in other agencies. The plan about other laws was less transparent, and McMahon did offer that ED cannot be eliminated without an act of Congress. Sen. Hassan (D-NH) spent much of her time focused on IDEA, stating, “It takes national commitment to get it [implementing IDEA] done. And that is why so many people are so concerned about this proposal to eliminate the Department. Because they think kids will once again be shoved aside and especially kids with disabilities.” Follow up questions noted the terminations this week of ED employees whose statuses were provisional. McMahon replied that she is not yet privy to personnel practices at ED. Sen. Lisa Murkowski (R-AK) raised the issue of private school choice and the impact of such models in rural areas with only one school. She asked McMahon what her commitment is to public schools and the reply was “public schools are the bedrock of our society.” In regard to a recent Executive Order on Diversity, Equity and Inclusion (DEI), Senator Chris Murphy (D-CT) asked how a school knows whether it is running a “DEI” program, and noted that the confusion around the definition has resulted in Department of Defense schools halting Black History Month activities. An area of agreement across the aisle and with the nominee revolved around shared commitment to promoting and supporting career and technical education that leads to employment. Chairman Cassidy also announced the Committee will vote on McMahon’s nomination on February 20.

To view the hearing or download McMahon’s statement, go here.

COPAA has an active alert to Congress urging opposition to proposals that would close the U.S. Department of Education or reduce education funding.

Administration Cuts Education Research and Technical Assistant Contracts

The Administration has canceled $900 million in contracts for the Institute of Education Sciences (IES), a major U.S. Education Department (ED) agency responsible for funding education research and maintaining extensive education statistics. Among the eighty-nine canceled contracts are research initiatives that include long-term studies on student learning and research on teaching strategies and support for transition [to career training and college] for youth with disabilities. The National Assessment of Educational Progress (NAEP: “the nation’s report card”) and the College Scorecard will not be affected, according to the Department. On Friday, ED also announced the additional cancellation of over $350 million in contracts and grants for several Regional Educational Laboratories (REL) and the Equity Assistance Centers (EAC). This includes terminating ten contracts worth $336 million with the RELS, which were intended to support applied research, development, and technical assistance. COPAA issued a statement regarding the cancellations.

President Nominates Six ED Sub-Cabinet Positions

On February 12th, the U.S. Department of Education (ED) issued a press release announcing the presidential nomination of six sub-cabinet positions: Nicholas Kent, Under Secretary of Education; Jennifer Mascott, General Counsel to the Department of Education; Kimberly Richey, Assistant Secretary for Civil Rights; Kirsten Baesler, Assistant Secretary for Elementary and Secondary Education; Dr. Kevin O’Farrell, Assistant Secretary for Career and Technical Education; and Mary Christina Riley, Assistant Secretary for Legislation and Congressional Affairs.

Read the press release here.

Think Tank Issues FAQ About Functions of ED

The Center for American Progress (CAP) has released a Frequently Asked Questions (FAQ) brief about the function of the U.S. Department of Education (ED). Succinctly captioned, the brief states that ED enhances education by offering guidance and essential support to states, schools, students, and families nationwide. These federal resources contribute to the agency’s goal of ensuring equal educational access for everyone. Continuing this work upholds this federal commitment and guarantees equal opportunities, which in turn bolsters the nation’s economy, democracy, and national security. Specific questions include why ED was established, what it does, what it does not do, whether an executive order can eliminate the Department and whether other countries maintain a national-level education agency. CAP also released a related blog post about the key role ED plays in supporting millions of students with disabilities.

Access the FAQ here.

Read the blog here.

EdTrust Brief Guides Leaders to Build Parent Support for Assessment

EdTrust issued a brief titled How District Leaders and Advocates Can Build Parent Support for Statewide Assessments that emphasizes the need to engage parents to support districtwide annual testing. Their analysis revealed a significant disconnect between policymakers and parents, including that while school leaders reported using assessment data to make key decisions about resource allocation, parents were unaware of how these results informed targeted support for their children. Many parents did not realize that year-end tests were used to strategically distribute limited resources based on student needs. Although leaders claim they use this data to support students, the public continues to view testing in a negative, punitive light. Based on the results of the analysis, EdTrust and the Collaborative for Student Success have developed a roadmap to guide parental support, an initiative backed by the National Parents Union.

Find the brief here.

Join our newsletter and get Special Education news and helpful information delivered to your inbox!