Federal Legislation & News
in Special Education
Federal Appeals Court Temporarily Allows OCR Downsizing
In a decision filed on September 29th, a three-judge panel of the 1st Circuit Court of Appeals in Boston overruled a lower court decision and temporarily allowed the U.S. Department of Education (ED) to continue reducing Office for Civil Rights (OCR) staff. At issue is whether laying off 264 employees interferes with a mandate from Congress or whether the reduction in force is similar to the Supreme Court decision that allowed for broader ED layoffs across the agency. It is unclear what will happen to the 80 employees already reinstated due to the earlier court decision. In their decision, the three-panel judges stressed that their decision was temporary. Meanwhile, all OCR functions are halted for the duration of the federal government shutdown.
ADHD Is punished in schools. How teachers can flip the script
Education Week
Excessive squirming and fidgeting. Difficulty paying attention. A tendency to act impulsively and make careless mistakes. Trouble acting cooperatively. These hallmark symptoms of childhood ADHD run counter to behavior that teachers welcome in their classrooms. It’s perhaps unsurprising, then, that the estimated 11% of the nation’s children who have the common developmental disorder tend to get punished far more than their classmates. High school students with attention-deficit/hyperactivity disorder are twice as likely to get suspended, and five times as likely to be expelled from school, compared to their classmates without ADHD, according to a study of students from nine high schools. Younger students with ADHD feel the effects of school discipline disproportionately, too. One national survey of parents whose children had ADHD, conducted in 2014, found that nearly 6% of boys and 1.5% of girls with the disorder were expelled from preschool. A lack of training for teachers on the best practices for classroom management for students with ADHD is partly to blame, say experts.
Civil rights commissioners mixed on special educator shortage solutions
K-12 Dive
A persistent shortage of special education teachers nationwide is leading to a lack of supports and services needed to help students with disabilities thrive in schools, according to an investigation by a federal civil rights panel.
The growing population of students with disabilities, combined with a lag in special education hiring, “has resulted in a dearth of special educators, thus depriving students with disabilities of their right to a free appropriate public education,” the USCCR report said. The commission’s report, released Monday, finds special education teacher shortages are being caused by a myriad of factors, including both a lack of people interested in the field and retention challenges stemming from demanding workloads, administrative burdens, high student loan debt, and poor working conditions. The possible solutions, the report said, are just as varied. They include streamlined licensure programs to support prospective special educators, expansion of school choice options so that public funding follows students, local initiatives like Grow Your Own programs to increase the number of qualified special educators, and adding incentives to keep veteran teachers in classrooms.
Only 18 states differentiate compensation for special education teachers
K-12 Dive
The lagging number of state policies addressing teacher shortages is exacerbating poor academic outcomes for the growing population of students with disabilities and English learners, according to a new report from the nonprofit National Council on Teacher Quality. As just over two-thirds of students from both of those groups cannot read on grade level, the report released Tuesday said a big part of that challenge stems from the fact that states aren’t doing enough to support educators in special education and English language learning. For instance, only 17 states require that special education teachers pass an “acceptable” reading licensure test, while even fewer — five — mandate the same for those instructing English learners. Additionally, NCTQ found that teacher preparation standards in both areas are disjointed, as most states do not explicitly mandate them. The nonprofit also pointed out that financial incentives for special educators and teachers of English learners can be useful in addressing critical shortages, but many states don’t offer additional compensation.
How can education savings accounts serve students with special needs? (Opinion)
Education Week
As education savings account (ESA) laws have been adopted by a number of states in the past few years, many observers have wondered how these work in practice. One huge area of interest is their impact on students with special needs. Well, Arizona’s status as home of the nation’s first ESA program could be instructive. Karla Phillips-Krivickas, a member of Arizona’s state board of education, has some practical wisdom to share. She is co-founder of Champions for Kids, a former Arizona education department official, and a veteran education advocate who consults with private schools on special education.
Cuts to Title III and civil rights enforcement will harm English learners, report says
K-12 Dive
How will potential cuts in federal funding and changes in civil rights enforcement impact English learners? A new report from the Children’s Equity Project at Arizona State University raises concerns about proposed cuts to formula grants for Title III funding aimed at language skills for new immigrants and English learners, changes to Individuals with Disabilities Education Act funding for those with disabilities, and rescinded guidance on how to enforce civil rights laws that protect English learners.
Initiative addresses racial disparities in special education
PHYS.ORG
For decades, educators and researchers have raised concerns about students of color, particularly Black students, being disproportionately enrolled in special education. At San Francisco’s public schools, disparities persist, despite the district’s many efforts to address the problem. A new Stanford research initiative is reaching further upstream to find solutions. Led by Stanford education Professor Alfredo J. Artiles, a team of interdisciplinary researchers from across the country has partnered with leaders at San Francisco Unified School District (SFUSD) and California Education Partners to identify what’s driving the disproportionate enrollment and, based on their findings, design new approaches to change those conditions and create an environment where Black students can thrive.
Let’s Focus on Assuring Students with Autism Receive All the Support and Services They Are Entitled to Under the Law
When the White House and administration use their pulpit to spread misinformation and unverified causation about disability, as they did yesterday, it is extremely concerning for families and for students with disabilities.
COPAA stands with mothers and fathers who “tough it out” every minute of every day working to give their child the best that life has to offer. To blame them is unfair, cruel and unsubstantiated. COPAA has and will continue to support federal investments in research, technical assistance, and other support for schools, students and their families who are impacted by a diagnosis of autism.
That said, nothing shared in the most recent announcement changes the fact that if a student is diagnosed with autism or is deemed to be on the autism spectrum they remain eligible to receive the individualized related services, support, accommodations and specialized instruction they are entitled to under the law. There is an abundance of best practice strategies on how to best serve students with autism and in these tumultuous times we encourage parents and educators to focus on quality individualized education programs and outcomes for each student.
Federal District Court in Nevada Issues an Important Ruling in Favor of Families in a Class Action Lawsuit in Which COPAA is a Plaintiff
COPAA celebrates last week’s ruling in the United States District Court for the District of Nevada in C.W. v. Nevada Department of Education. COPAA and twelve students with disabilities and their families are the named plaintiffs in this federal class action lawsuit against the Nevada State Department of Education (“NDE”) and the Clark County School District (“CCSD”), alleging that the school district has systemically failed to comply with the Individuals with Disabilities Education Act, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act; and that NDE has failed to ensure the district’s compliance with these laws.
The defendants moved to dismiss the lawsuit on several grounds and also filed to strike the class allegations; on September 18, 2025, the Court denied the defendants’ motions. This means that the lawsuit can proceed. COPAA and the plaintiff families seek reforms for the alleged widespread violations of students’ legal and civil rights within CCSD, which include systemic failures to carry out its Child Find duties, to appropriately evaluate students, and to provide appropriate special education and related services and behavioral supports. You can read the Plaintiffs’ Amended Complaint in the lawsuit here.
With this recent ruling, the families of children with disabilities in CCSD are one step closer to vindicating their rights under federal law.
The families are represented by Lori C. Rogich of Rogich Law Firm; Hillary D. Freeman of Freeman Law Offices; Judith A. Gran and Catherine Merino Reisman of Reisman Carolla Gran & Zuba; Jeffrey I. Wasserman and Gregory G. Little of Wasserman Little; and the law firm of Simmons Freeman.
COPAA and CASE Join Forces, Urge Secretary to Restore IDEA Grants
This week, in a letter led by COPAA and the Council of Administrators of Special Education (CASE) more than 135 general and special education advocacy organizations urged Secretary McMahon to “maintain all current grants under Part D of the Individuals with Disabilities Education Act (IDEA).” In joining forces, COPAA and CASE have showed strength in unity as the letter expresses support for IDEA Part D and explains that the millions of dollars in IDEA grants [provided by the Secretary] serve critical function such as “…providing teachers and specialized instructional support personnel (SISP) the most current research and best practices, ensuring parents and families have the best information and supports to be full and meaningful participants in their children’s education, addressing the critical educator shortage through teacher and SISP preparation and training, providing assistive and inclusive technology to support barrier-free learning, and affording school districts the technical assistance to provide a strong special education system overall.” The letter comes in response to recent actions by the Office of Special Education to cancel more than 30 IDEA-Part D grants, which has resulted in interruptions to the provision of technical assistance and support to deaf-blind students, to families, and more.
House Passes Continuing Resolution, Senate Rejects Republican and Democratic Proposals
On Friday, the House passed a continuing resolution (CR) to fund the government on a temporary basis at current funding levels through November 21 as they continue to work on final funding levels for education and disability support programs in Fiscal Year (FY) 2026. While the bill does include a number of expiring programs in health, defense, and other sectors -which were sought by Republicans and Democrats alike, it does not include an extension of enhanced subsidies for Affordable Care Act (ACA) insurance which are set to expire at the end of the year, nor does it place limits on the Administration’s ability to withhold other funds, including for education, which are top priorities for Democrats in Congress. On the heels of the House bill passing, the Senate considered two competing CRs- the Republican-sponsored bill that passed in the House, and a Democrat-sponsored bill that includes an extension of the expiring ACA subsidies. As expected, both failed to get the requisite 60 votes needed to advance. If Congress cannot agree to a single bill by October 1, a government shutdown of all federal discretionary programs will be triggered. The House, which was previously scheduled to be in session on September 29 and 30, has now cancelled those workdays in hopes of forcing Senate Democrats to get behind the House CR. Senate Democrats, however, have taken a united stance, and today, an announcement was made that President Trump will meet with leaders of that party. With 8 days left until the end of the fiscal year, there is still time for lawmakers to decide their next moves.
House Hearing Focuses on Expanding School Choice to Four-Year College Degrees
Prior to the recess, the House Committee on Oversight and Government Reform held a hearing titled Opening Doors to Opportunity: The Promise of Expanded School Choice and Alternatives to Four-Year College Degrees. During the hearing, the Committee examined the role of school choice and non-traditional postsecondary pathways in preparing students for the modern workforce. Several Members and witnesses emphasized the declining return on investment of four-year degrees and the urgent need to expand access to skilled trades, apprenticeships, and real-world learning opportunities. Witness testimony highlighted successful programs that connect students with career pathways through internships, mentorship, and apprenticeships—often at no cost to the participant. Democratic members raised concerns about the redirection of public education funds to private education institutions via voucher programs, arguing that such measures undermine public schools and fail to ensure equitable access for all students, particularly those with disabilities. Republican members responded by noting that historic investment in public education has not paid off – citing sub-par educational outcomes amongst US youth. School choice, they argued, will improve outcomes for all students.
Senate Education Committee Examines the State of K-12 Education
Last Thursday, the Senate Health, Education, Labor, and Pensions Committee held a hearing titled The State of K-12 Education where lawmakers and expert witnesses expressed deep concerns over declining student achievement and the urgent need for reform. Witnesses confirmed that student performance in reading and math has been in decline since 2013, with pandemic-related learning loss worsening an already downward trend. To address declines, including the stagnation in scores for children with disabilities, the panel emphasized strategies to reverse the trajectory, including the adoption of evidence-based literacy curricula, strengthened academic standards, and performance-based incentives for teachers and schools. Several witnesses and Senators supported outcome-based teacher compensation, mentoring programs, and teacher apprenticeship models as ways to address workforce shortages and incentivize excellence. Lawmakers and witnesses from both parties also raised alarms about rising chronic absenteeism, student disengagement, and the mental health crisis—issues they linked in part to smartphone use and social media. Lawmakers from both sides of the aisle expressed interest in setting appropriate limits on technology use in schools and equipping educators and students with AI literacy skills, while also cautioning against the risks of unregulated use. Additionally, there was agreement on the importance of early childhood education, with some Senators highlighting the need to improve access to quality childcare and pre-K systems as essential foundations for long-term academic success. Some Democratic lawmakers criticized the Administration for cuts to education grant awards, arguing that the U.S. must align its funding with its stated commitment to students and public education.
House Passes DC Juvenile Criminal Bill, Lowers Maximum Youth Offender Age to 18
On September 17, the U.S. House of Representatives passed H.R. 4922, the DC Crimes Act of 2025, which limits the District of Columbia’s authority over criminal sentencing and revises provisions related to youth offenders. The bill immediately prohibits DC from enacting any law or regulation that modifies existing criminal liability sentences, keeping current penalties in place. It also lowers the maximum age for youth offender status from 24 to 18 and repeals provisions that allow courts to impose sentences below mandatory minimums, including the option of probation in certain cases. In addition, the bill directs the DC Office of the Attorney General to publish youth offender crime data on a publicly accessible website, updated monthly. The Senate companion bill, S. 2686, has yet to be considered by the Homeland Security and Governmental Affairs Committee, which must approve it before it can proceed to a full Senate vote.
House Hearing on DC Voucher Program Discusses Discrimination of Students with Disabilities
On September 10, the House Committee on Oversight marked up H.R. 5181, the SOAR Act Improvements Act which amends the Scholarships for Opportunity and Results (SOAR) Act and reauthorizes the District of Columbia Opportunity Scholarship Program through 2032. Since 2003, the federally funded Opportunity Scholarship Program has provided low-income children in Washington, D.C. with scholarships to attend private school. Each time the program has come before Congress for renewal, COPAA and partners have opposed it due to the discriminatory practices of some schools that harm access and opportunity for students with disabilities and other vulnerable children. Taking up that argument, Rep. Lateefah Simon (D-CA) stepped forward [at the 5:40 mark] in the hearing to passionately discuss the need for disability and civil rights protections for students with disabilities to be added to the DC scholarship program while Rep. Virginia Foxx (R-NC) argued that such requirements are “red tape.” The bill is now prepped for a final vote in the House; however, the Senate has not yet acted making the timing for final passage unclear.