Federal Legislation & News
in Special Education
Motion for Preliminary Injunction filed in OCR lawsuit
A group of students and parents, represented by the National Center for Youth Law (NCYL), the Southern Poverty Law Center (SPLC), and the Council of Parent Attorneys and Advocates, Inc. (COPAA), filed a motion for preliminary injunction on Friday, May 2, 2025, in the lawsuit against the U.S. Department of Education seeking to block the Department’s unlawful rollback of civil rights protections for students experiencing discrimination in schools.
The motion asks the court to immediately halt the Department’s recent policy decision to abandon thousands of investigations within its Office for Civil Rights (OCR). It follows the filing of the plaintiffs’ amended lawsuit on April 10 and is supported by several sworn declarations from parents and current and former OCR staff that detail the perilous, ongoing harm many plaintiff children and thousands of students across the country continue to face as a result of the discrimination they experience in schools.
White House Sends 2026 “Skinny” Budget to Congress, IDEA Level Funded
In alignment with the new Administration’s agenda to streamline federal programs and cut federal spending, last Friday, the White House released the Fiscal Year (FY) 2026 Budget Request to inform Congress’ work on annual appropriations. The ‘Skinny Budget,’ as described by the White House, includes a 46-page outline of proposed increases, reductions, and consolidations to programs in each federal agency. Prepared by the Office of Management and Budget (OMB), the FY 2026 Budget provides proposed funding levels for top-line education, justice, health, and other federal programs but does not provide budget details for each program. For example, under the U.S. Department of Education (ED), OMB proposes to “preserve Title I and streamline K-12 programs” in a “K-12 Simplified Funding Program” which in total is cut by $4.5 billion from FY 2025 and would consolidate 18 competitive and formula grant programs into a new formula grant. Similarly, the “Special Education Simplified Funding Program” remains level funded [from FY 2025] and proposes to “consolidate” seven Individuals with Disabilities Education Act (IDEA) programs into one. The Charter School Program would be plussed up by $60 million, and ED’s Office for Civil Rights would be cut by $49 million. With an overall cut to the education budget of 15.3 percent, other big losers are Adult Education ($729 million cut), the elimination of TRIO and GearUP -which serve as access programs to college for low-income children and children with disabilities- as well as the elimination of the Teacher Quality Partnership (TQP) grants for new teachers. Regarding the Department of Health and Human Services (HHS) the President is proposing a 26.2 percent cut overall. Specific cuts at HHS include the elimination of the preschool development grant ($315 million) and is silent on Head Start and the programs authorized under the Developmental Disabilities Act (e.g., State Councils on Developmental Disabilities, University Centers for Excellence in Developmental Disabilities (UCEDDS), and Protection and Advocacy Systems (P&As)) which were all rumored to be eliminated in the week leading up to the budget release. Finally, the Department of Justice (DOJ) budget includes a $1.1 billion reduction that would eliminate forty grant programs and proposes a $193 million cut to the Civil Rights Division which is responsible for disability rights investigations under the ADA and Section 504.
While the budget does not include any details beyond these brief descriptors, in terms of process, the proposal is a required step that puts the priorities of the sitting President in front of Congress. It is now up to House and Senate appropriators to determine whether -and to what extent- to include the funding recommendations as they negotiate spending bills over the coming months. House Appropriations Chair Tom Cole (R-OK) responded favorably and said he “could work with it,” whereas Senate Appropriations Chair Susan Collins (R-ME) said she had “serious objections.”
COPAA and Partners Respond to Executive Actions on Discipline and Disparate Impact
Last week, COPAA signed with forty organizations in a letter to state and local leaders expressing “deep disagreement” with Executive Orders (EO) 14280 and 14281 which were issued by the White House. Citing multiple federal statutes as well as case law, the Education Civil Rights Alliance (ECRA), as convened by the National Center for Youth Law (NCYL), the advocates told state and local school leaders that the EOs “will erode civil rights protections for students if implemented” and urged them “to continue to root out disparities and foster equity in schools, in compliance with current civil rights laws and in order to ensure equal educational opportunities for all.”
Senate Report Details Threats to Special Education Protections
The Department of Defense Education Activity (DoDEA) serves a global student population, with about 15% receiving special education services. A recent Government Accountability Office (GAO) review found serious challenges in overseas schools, including limited access to related services like physical therapy, causing delays at 44 of 114 schools in 2022–2023—some delays lasting over a year. DoDEA’s staffing model does not account for the individualized minutes of service required by students’ individualized education plans (IEPs), contributing to shortages. Additionally, paraeducators at most schools reported little to no special education training, including any required crisis response preparation. Staff and regional officials also cited unclear guidance on implementing Department of Defense policies, leading to inconsistent support across schools. While updates are planned by 2025–2026, clearer interim communication is needed. These findings highlight the need for better training, staffing, and policy clarity to ensure military-connected students with disabilities receive consistent, high-quality support. DoD only partially agreed with the GAO findings.
Nation’s Disability Services System Begins To Buckle As Funding Threats Intensify
Disability Scoop
President Donald Trump wants to cut $163 billion in federal spending next year, potentially zeroing out key disability programs, some of which are already pausing services because they’re running out of money. The White House unveiled a budget summary late last week known as a “skinny budget” that calls on Congress to slash funding for non-defense discretionary spending by 22.6% for the fiscal year starting in October. This would affect programs that Congress reauthorizes annually, but does not include mandatory programs like Medicare, Medicaid, and Social Security. The summary offers little detail about how many disability programs would be impacted. However, a widely circulated budget document leaked last month from the U.S. Department of Health and Human Services offers clues.
Budget: Trump proposes massive $6 billion cut to K-12 spending
Chalkbeat
President Donald Trump’s proposed federal budget would cut nearly $6 billion from K-12 education and consolidate 18 grant programs into a single funding stream that states could spend as they wish. The proposal to do away with distinct grant programs could serve as a test run for converting federal education funds to block grants, which allow more flexibility but provide less accountability for how money is spent. The budget proposal released Friday is for the 2026 fiscal year, which starts in October and affects school district budgets mostly in the 2026-27 school year. It calls for holding funding steady for Title I, an $18 billion program that supports schools serving students from low-income households, and for the Individuals with Disabilities in Education Act, or IDEA, which provides $14 billion to offset a portion of special education costs. These are prominent and popular programs that Education Secretary Linda McMahon has promised would not be cut. Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, which advocates for students with disabilities, said the administration cannot say it is supporting students when funding for IDEA and early intervention is flat.
Not One Generation Removed, Disability Advocates Fear Return to a Dark Era
The 74
A generation ago, people with disabilities were rarely in the room when their welfare was under discussion. Decisions about their care and education were made almost entirely by non-disabled people, who typically addressed them not as individuals who aspired to an education, desirable work or independent living, but as people whose bodies and intellects were broken. This framework is now known as the medical model of disability — a phrase that conjures images of people institutionalized in childhood, their humanity and potential literally locked away from public view. In the half-century since the passage of laws ensuring them the right to education, housing, jobs and other public benefits, people with disabilities have made great headway on closing the door to that draconian past and replacing it with what’s called a social model of disability.
Arizona Autism Charter School Founder Tapped as Ed Dept. Special Education Chief
The 74
The founder and executive director of a network of Arizona charter schools serving autistic children has been named the U.S. Education Department’s deputy assistant secretary for special education and rehabilitative services. Education Secretary Linda McMahon made the announcement while touring the Arizona Autism Charter Schools’ Phoenix location. Diana Diaz-Harrison, whose son is autistic, said that in her new job she hopes to continue her efforts to help others launch autism charter schools throughout the country. Her schools, she said in remarks captured on video by AZ Central, are a testament to what happens “when parents like me are empowered to create solutions.” “My vision is to expand school choice for special needs families — whether through charter schools, private options, voucher programs, or other parent-empowered models,” she said in a statement to The 74.
Update on 504 Lawsuit
An important development occurred in the lawsuit filed by 17 states challenging the Health and Human Services (HHS) Section 504 regulations that were promulgated last summer. The lawsuit challenges both the new 504 regulations as well as the constitutionality of Section 504 in its entirety.
The news relates to the update filed by HHS and the states in court last week where the states said that they would not pursue their claim to declare Section 504 unconstitutional. Advocates are pleased with this development and give credit to the strong advocacy of the disability community for the outcome. The states, however, are continuing their attack on the Section 504 regulation, including critical protections against discrimination in medical treatment, the right to receive services in the most integrated setting (Olmstead), protections for parents and children with disabilities in child welfare and more. They have asked the court to continue the “pause” in the litigation. The next report is due by July 21, 2025. Read more at www.Dredf.org
Trump Administration Issues Multiple EOs Impacting Education
On Wednesday, President Trump signed a series of executive orders (EOs) that impact education. Below is a summary of key orders:
Reinstating Commonsense, Non-Discriminatory School Discipline Policies aims to eliminate diversity, equity, and inclusion (DEI) considerations from school discipline policies and rescinds federal guidance issued in 2023 by the Biden Administration. The order requires the Secretary of Education, in partnership with other agencies, to develop new federal guidance to state and local educational agencies. It authorizes action against institutions that engage in racially related disciplinary practices. To ensure compliance, districts must also submit a comprehensive report to the President that analyzes the effects of DEI-influenced discipline policies, assessing the use of federal funds in support of such practices—including those administered through nonprofits— and demonstrating “ that federal funds do not support racially preferential policies, including through nonprofit organizations, and proposing model discipline policies rooted in American values.”
Restoring Equality of Opportunity and Meritocracy declares it is US policy “to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.” It starts the rollback of some regulations including Department of Justice Title VI regulations (signed into law in 1966) which prohibit discrimination based on race, color, or national origin in employment practices of recipients of federal financial assistance and deprioritizes the enforcement of others. Within 45 days, the Attorney General and Chair of the Equality Equal Employment Opportunity Commission must assess all pending investigations, civil suits, or positions taken in ongoing matters under every Federal civil rights law within their jurisdictions, including Title VII of the Civil Rights Act of 1964, that “rely on a theory of disparate-impact liability, and …shall take appropriate action.” Within 45 days all other federal agencies are required to evaluate existing consent judgments and permanent injunctions that “rely on theories of disparate-impact liability and take appropriate action.”
Advancing Artificial Intelligence Education for American Youth directs the creation of “new education and workforce development opportunities for America’s youth, fostering interest and expertise in artificial intelligence (AI) technology from an early age to maintain America’s global dominance in this technological revolution for future generations.” The EO will establish the White House Task Force on AI, chaired by the Director of the Office of Science and Technology Policy, and include Administration officials. The task force will oversee a new Presidential AI Challenge to recognize student and educator achievements, expand AI adoption nationwide, and promote collaboration across sectors to solve national issues using AI. It will also create public-private partnerships to support K-12 AI education and integrate AI tools in classrooms. Additionally, the Secretary of Education is directed to prioritize the use of AI in discretionary grants for teacher training and the Director of the National Science Foundation to prioritize research on the use of AI in education.
Preparing Americans for High-Paying Skilled Trade Jobs of the Future directs the Secretaries of Labor, Education, and Commerce to review and modernize federal workforce programs to meet the needs of emerging industries. They must deliver a streamlined plan to the President that re-aligns these programs to support reshoring, re-industrialization, and the AI revolution, aiming to strengthen America’s global economic leadership. The EO has an emphasis on expanding the number of people who participate in apprenticeship programs, aiming to reach and surpass one million Registered Apprenticeships
Senators Ask Kennedy About Proposal to Dismantle ACL and Programs Funded to Support People with Disabilities
On April 28, 22 Senators wrote to Robert Kennedy, Secretary of Health and Human Services (HHS) to oppose the dismantling of the Administration for Community Living (ACL) which houses numerous programs that support people with disabilities. The letter acknowledges ACL’s role in “administering the critical programs established and funded by Congress that ensure older adults and people with disabilities can live in their communities with the dignity, security, and independence they deserve” and asks Kennedy to respond to key questions regarding the plan “to support adult protective services, long-term care ombudsman programs, and other protection and advocacy programs” that have been targeted by the Administration.
Supreme Court Poised to Back Student in Key Disability-Rights Case
Education Week
The U.S. Supreme Court on Monday appeared likely to rule in favor of a Minnesota student with a severe form of epilepsy by tossing out a federal appeals court standard that makes it more difficult for families to prevail against school districts under two key federal disability-discrimination laws. The main question after nearly 90 minutes of an often technical but sometimes fiery oral argument in A.J.T. v. Osseo Area Schools was whether the victory for the student would be narrow in scope or the justices would use the case to more clearly define the liability standard for families and schools nationwide under the two laws—the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
Trump’s Education Department has abandoned civil rights, families say
USA Today
Amy Cupp was alarmed when her sixth-grade daughter came home from school with bruises in the shape of fingerprints. School staff had locked the girl in a room while trying to restrain her in November 2024, said Cupp, a social worker in rural Indiana. Her daughter has multiple severe disabilities, including autism and auditory processing disorder, that causes her to have tantrums and occasional bouts of physical aggression. Cupp was already concerned that staff had restrained or secluded her daughter 29 times for a total of more than 23 hours in just the few months since the school year began, compared to 10 times when she was in elementary school. Cupp complained to school officials and they agreed to implement new procedures for preventing and managing her daughter’s outbursts that would reduce the use of restraint and seclusion. But they failed to implement those changes to her liking, she said. So Cupp contacted the U.S. Department of Education’s Office for Civil Rights in December 2024.
Support Medicaid, Protect Children with Disabilities
When Congress returns next week, the House and Senate will dive headlong into negotiations to develop the budget reconciliation package intended to support corporate tax cuts. To pay for the tax extensions, some Congressional Republicans have targeted Medicaid for massive cuts. If Congress cuts Medicaid, millions of infants, toddlers, and school-age children will lose access to the health insurance that pays for the vital services they need. Nearly all States use Medicaid to finance Part C early intervention services for children ages 0-3 who qualify for both programs and on average, about half of children served in Part C are enrolled in Medicaid. The cuts to Medicaid also threaten access to services for millions of qualifying children with disabilities who rely on Medicaid for therapies, services, technology, and other supports in PreK-12 schools.
Tell Congress to support Medicaid and protect students with disabilities.
As Trump guts support for disabled students, their families are fighting back
Truthout
A letter to Congress, signed by 15 disability rights groups, made clear that removing federal oversight of critical civil rights laws like IDEA “leaves students vulnerable to the variation in state implementation and threatens to bring us back to a time when many students with disabilities were denied an education.”
Denise Marshall is CEO of the Council of Parent Attorneys and Advocates (COPAA), an organizational signatory of the letter. Marshall told Truthout that COPAA and the National Center for Youth Law have filed a federal lawsuit to restore OCR’s investigative functions. “OCR has investigated a lot of egregious situations for kids who’ve been restrained, isolated, or forced out of school,” Marshall said. “This administration does not hide its hostility to people of color, people with gender identities that it doesn’t like, and the disabled. In many cases, people who’d filed complaints with OCR have discovered that investigations have been halted. It’s why we filed a lawsuit. OCR had been investigating cases and holding districts accountable.”