Federal Legislation & News
in Special Education
A small change in special ed. rules could affect equity, accountability, advocates warn
Education Week
A paperwork change proposed by the U.S. Department of Education would end an important accountability measure that helps ensure states adequately identify and address racial inequities in special education, disability rights advocates say. The agency said in an Aug. 21 proposal that ending the requirement that states report changes to their methods for calculating “significant disproportionality” on their annual federal applications under the Individuals with Disabilities Education Act would ease paperwork burdens for state education departments. But comments on the proposal, which the agency accepted until Oct. 21, overwhelmingly oppose the plan. Those advocates contend the change would save states little time and come at the cost of important transparency.
“This is part of the Trump administration’s pattern” of eliminating key data collections about students and schools, said Ivy Morgan, the director of P-12 research and data analytics at EdTrust, an organization that advocates for educational equity.
Congress Must Conduct Oversight Hearings to Protect Children with Disabilities
Sweeping layoffs at the U.S. Department of Education have gutted key offices—including the Office of Special Education and Rehabilitative Services Programs (which includes special education and rehabilitation services), the Office for Civil Rights (OCR), and the Office of Elementary and Secondary Education (OESE)—threatening decades of progress in protecting students with disabilities. These wholesale terminations place fundamental education laws in peril and place millions of children with disabilities at risk. The Secretary’s actions are directly in conflict with the Department’s statutorily required duties, and such changes have not been approved by Congress. Given this and recent reports of the Department beginning efforts to shift responsibilities under IDEA to other agencies, immediate oversight by Congress is essential. Tell Congress to conduct oversight hearings. The public deserves to learn how the Secretary plans to fulfill the Department’s full obligations under IDEA and other authorized disability laws.
Student with Down Syndrome thrives in general education class at Rockford school
Fox News 17
As the Individuals with Disabilities Act marks its 50th anniversary, one Rockford elementary school is demonstrating the law’s intent by fully including a second grader with Down syndrome in general education classes. Ellie Gard attends classes at Meadow Ridge Elementary School alongside her second-grade peers in Mrs. Wittenbach’s classroom, making her the school’s first student with Down syndrome to be fully included in a general education class. “They’ve been great here with helping her progress in her skills,” said Jennifer Gard, Ellie’s mother. “She’s kind of found these, these stories that she’s able to read, and she’s very proud of herself when she accomplishes things. She likes to be independent.” Ellie has been in general education classes since kindergarten. Her mother believes the inclusive environment is crucial for her daughter’s development. “I think it’s important because it allows her to be a part of her community, just like everybody else,” Jennifer Gard said.
The Slow Death of Special Education
The Atlantic
The Trump administration has taken the government shutdown as an opportunity to end federal oversight of the education services offered to more than 8 million children with disabilities in America. Last month, the Department of Education attempted to fire nearly every staff member left at the Office of Special Education Programs—an action now stuck in litigation. The department had already canceled millions of dollars in grants to provide teacher training and parental support for students with disabilities, and it is now “exploring additional partnerships” to move special-education services elsewhere in the government. Ostensibly, these cuts and administrative changes are part of a broader effort to empower states. But whatever the motive, the result is clear: The government has abandoned its commitment to an equitable education for all children.
Despite hold on Ed department layoffs, special education worries run high
Disability Scoop
A judge indefinitely blocked the U.S. Department of Education from laying off nearly every staffer in its special education office, but advocates say concerns about the future of the program remain. At a hearing this week, Judge Susan Illston of the U.S. District Court for the Northern District of California barred federal agencies, including the Education Department, from firing workers during the government shutdown. The decision comes more than two weeks after the Education Department laid off 121 employees in its Office of Special Education and Rehabilitative Services, leaving no more than a handful of staff in the agency’s Office of Special Education Programs, which administers funding and oversees implementation of the Individuals with Disabilities Education Act. Unions representing many affected workers sued over the job cuts. In moving to extend a temporary pause issued earlier this month, Illston said she expects to find that the government’s actions to authorize so-called reductions in force, or RIFs, during the shutdown are “unlawful.” “I believe that I will find that their actions are arbitrary and capricious as shown by the haphazard way in which the RIFs have rolled out, and they are intended for the purpose of political retribution,” Illston said. Illston told the Trump administration not to implement RIF notices issued since the government shutdown began earlier this month and not to issue any new ones. Disability advocates welcomed the decision to halt the layoffs, but cautioned that the situation remains fraught. “We are thankful for the role the courts are playing in keeping this horrific decimation from going forward,” said Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, or COPAA, a nonprofit that advocates for the rights of students with disabilities and their families. “We will not relent or be relieved until it’s permanently behind us. The threat remains high for students with disabilities and their families.”
Teachers are using AI to help write IEPs. Advocates have concerns
Education Week
A growing number of special education teachers say they use artificial intelligence platforms to draft all or part of students’ individualized education programs, even as many districts lack policies about how the rapidly evolving technology can be used. Educators have long reported struggles to keep up with the paperwork associated with IEPs. Now, they say AI platforms can help them write the federally mandated, personalized documents that detail goals for students with disabilities more quickly and with greater detail, allowing them to commit more time to instruction. But using the technology to create IEPs opens up a host of practical, ethical, and legal questions generally left unanswered by a dearth of official guidance.
ED Secretary Speaks Up About Plans to Shift Programs Out of ED
Multiple press outlets are reporting that Secretary of Education (ED) Linda McMahon -as verified through ED’s communications office- is working to “make good on pledges” from the President to close the department and send programs, including activities related to the Individuals with Disabilities Education Act (IDEA) elsewhere. Specifically, ED spokesperson Madi Biederman said, “the department is exploring additional partnerships with federal agencies to support special education programs without any interruption or impact on students with disabilities, but no agreement has been signed.” Meanwhile, COPAA joined more than 800 local, state, and national organizations in a statement calling upon the Administration and Congress to “protect children with disabilities, reverse layoffs, and uphold access to key educational services.” Also, COPAA co-led a letter with 60 national organizations asking Chairman Cassidy (R-LA) and Ranking Member Sanders (I-VT) to conduct an oversight hearing from the Senate Health, Education, Labor and Pensions Committee regarding Executive violations of statutory requirements under the IDEA and the Rehabilitation Act of 1973.
ACT NOW! To do your part, please EMAIL CONGRESS and explain how the instability caused by the OSEP RIF is currently, or may impact children with disabilities.
LPI Releases Report on Use of Behavioral Threat Assessments
The Learning Policy Institute (LPI) has released Keeping Schools Safe? The Research on Behavioral Threat Assessments. The report reviews the use of behavioral threat assessment (BTA) systems to identify and manage potential acts of violence, such as school shootings, with the goal of preventing them before they occur. Research shows that when properly designed and implemented, BTAs can contribute to effective violence prevention. However, many states and districts are not consistently using evidence-based methods, and existing studies provide an incomplete understanding of how BTAs are applied and their effects on students. The report offers key considerations for policymakers evaluating BTAs as part of school safety strategies. It also includes links to related briefs and resources.
Trump admin considering a change for who runs special education
USA Today
The Department of Education is in the early stages of recruiting another agency to help oversee federal special education programs, a spokeswoman said. The potential transfer of responsibilities follows the Education Department’s layoff of nearly everyone in its special education division more than a week ago. The impending move would represent one of the most significant steps yet in President Donald Trump’s efforts to decrease the influence of the Education Department. And it creates a slew of new questions for families of students with disabilities about whether a significant overhaul at the federal level could impact them. It also emphasizes how recent court rulings and little GOP pushback have emboldened the Trump administration to functionally dismantle the Education Department, despite legal scrutiny of the White House’s authority to do so.
Report: Trump Admin. Mulling Transfer of Special Ed from US Education Dept
The 74
The U.S. Education Department is looking to move the $15 billion Individuals with Disabilities Education Act program outside of the agency, the Washington Post reported Tuesday. In a statement to States Newsroom, department spokesperson Madi Biedermann did not explicitly confirm the report, but said the department is generally looking for ways to move its operations to other agencies. President Donald Trump has pledged to eliminate the Education Department. The agency “is exploring additional partnerships with federal agencies to support special education programs without any interruption or impact on students with disabilities, but no agreement has been signed,” Biedermann wrote. Biedermann said Education Secretary Linda McMahon “has been very clear that her goal is to put herself out of a job by shutting down the Department of Education and returning education to the states” and that McMahon is “fully committed to protecting the federal funding streams that support our nation’s students with disabilities.” Trump’s administration moved to lay off 465 department employees, including 121 at the Office of Special Education and Rehabilitative Services, earlier this month amid the ongoing government shutdown. A federal judge has temporarily blocked the administration from carrying out the layoffs, but the ruling provides only short-term relief as legal proceedings unfold. Fully transferring responsibility for IDEA would require an act of Congress — a significant undertaking given that at least 60 votes are needed to break a Senate filibuster and Republicans hold just 53 seats.
Giving States waivers from accountability is a dangerous step backward for kids
The 74 (OPINION)
There has been a sea change in American education this year. From cutting social safety net programs and enacting unaccountable voucher programs at the expense of public schools to limiting access to financial aid for higher education, these stormy waters are setting American students adrift, eliminating important protections and creating ever greater barriers to an equitable education that sets young people up for success as adults. It’s more than just money; as Congress and the Trump administration have instituted perilous funding cuts that reduced support for nutrition programs, limited undocumented students’ access to important programs and dialed back enforcement of civil rights laws, federal agencies have eliminated and undermined vital data and education research. Without this information, there is no way to know how schools are working to address academic and opportunity disparities — particularly for Black and Latino students, multilingual learners, students with disabilities and those from low-income backgrounds.
The U.S. Department of Education took a dangerous leap forward with this strategy by inviting states to seek waivers from the federal laws that have, for over two decades, required annual student testing and public, disaggregated reporting of those results. Allowing states to alter established assessment systems and hide data on school quality will leave parents, educators and policymakers without important information they need to help students succeed. In order for this to work, the federal government will need partners in states to do the dirty work. Unfortunately, history shows they’ll be amenable .
COPAA and Partners Continue Advocacy to Protect Children and Seek Reversal of RIF at ED
As COPAA members know, in a unilateral move that caught both Republican and Democrats in Congress off guard, on Friday, October 10, the Administration announced a massive Reduction in Force (RIF) that has reportedly impacted thousands of federal employees including 466 working at the U.S. Department of Education (ED). The layoffs at ED have been verified by the Senate Health, Education, Labor, and Pensions Committee staff who confirm that RIF actions have impacted every ED office including Budget, Civil Rights, Communications, Elementary and Secondary Education, Post Secondary Education, Rehabilitative Services, Special Education, and more. For the Office of Special Education and Rehabilitative Services and the Office of Special Education (OSEP) in particular, more than 180 employees have received their 60-day notice, leaving just a handful of staff to oversee all activities required to be overseen by under the Individuals with Disabilities Education Act. In response, COPAA’s CEO, Denise Marshall issued a statement, activated our grassroots network, and, have continued to co-lead a broad disability and education advocacy coalition. This week they will share an updated statement to express concern and request that Congress protect children with disabilities and urge a reversal by the Administration in their decision to layoff virtually all of the OSEP staff.
ACT NOW! To do your part, please EMAIL CONGRESS and explain how the instability caused by the OSEP RIF is currently, or may impact children with disabilities.
House Democrats Host Disability Forum, COPAA’s Legal Director Speaks on Education
In support of National Disability Employment Awareness Month, Ranking Member Robert C. “Bobby” Scott (D-VA) hosted a virtual civil rights forum with disability rights leaders to discuss the impacts of the Administration’s “attacks” on disabled Americans. In his opening, Scott noted, “In October, we recognize the decades-long fight for equal employment opportunities for people with disabilities, and today, we face an unprecedented rollback of diversity, equity, inclusion, and accessibility that we have not seen the likes of since the 1960s.” Scott and members of the Democratic caucus participated in a moderated discussion led by Dante Allen, Former Commissioner of the Rehabilitation Services Administration, and panelists Selene Almazan, Esq., Legal Director, Council of Parent Attorneys and Advocates (COPAA), Jennifer Mathis, Esq., Deputy Director, Bazelon Center for Mental Health Law, Julie Christiansen, Ph.D., Executive Director, Association of People Supporting Employment First, and, Erin Prangley, Director of Public Policy, National Association of Councils on Developmental Disabilities.
Commission on Civil Rights Reports on Impact of Teacher Shortages
The U.S. Commission on Civil Rights (USCCR) has issued a report titled The Federal Response to Teacher Shortage Impacts on Students with Disabilities, describing how the national teacher shortage impacts students with disabilities and providing an assessment of the U.S. Department of Education response to the shortage. The report is organized into sections that outline the issue and legal rights of students with disabilities, explains the federal government’s responsibility for protecting rights; examines the nationwide teacher shortage; and details, the specific effects of shortages on students with disabilities. The report includes case studies from six states—Kansas, Maine, Mississippi, Nevada, North Dakota, and West Virginia. To illustrate the problem at the local level and also reviews how Congress and the U.S. Department of Education have responded to these challenges. The report highlights expert recommendations and concludes that the shortage of qualified teachers has significant and lasting effects on students with disabilities, leading to diminished educational quality, lower academic performance, and reduced long-term opportunities for employment and independence.
Shutdown job cuts spark fear for parents of special education students
USA Today
Enforcement of IDEA often is the stick some families need to ensure their children receive proper services from their local school districts. But parents of children with disabilities are on edge after President Donald Trump’s administration laid off a significant part of the Department of Education office that administers and enforces the law. A judge has temporarily paused the layoffs. The Education Department has been silent on why it laid off 121 people from the Office of Special Education and Rehabilitation Services, according to a court filing. The office allocates funding and enforces the IDEA, the law that facilitates accommodations for 7.5 million kids with disabilities. The office had 179 people in September 2024, the latest available number, which does not include any layoffs or buyouts that came earlier this year.
Additionally, the Education Department laid off 137 people in the office that enforces civil rights laws, including handling complaints about disability discrimination. “No education funding is impacted by the (layoffs), including funding for special education, and the clean (funding bill) supported by the Trump Administration will provide states and schools the funding they need to support all students,” Linda McMahon, the secretary of the Education Department, said in a statement Oct. 15. Denise Marshall, the CEO of the Council of Parent Attorneys and Advocates, called it “disingenuous” to say the Office of Special Education and Rehabilitation Services is still open with only a handful of people on staff. “There’s no way they can fulfill their obligations under the law with such a skeleton crew,” she said. “We can’t even get answers from them.”