Federal Legislation & News
in Special Education
Senate HELP Committee debates charter school expansion
Legis1
The Senate HELP Committee held a hearing on charter schools on Wednesday, May 20, that put a sharp spotlight on one of the Trump administration’s core education priorities, while Democrats used the session to raise alarms about the dismantling of federal oversight that protects students with disabilities. The administration strongly supports charter expansion, having proposed a $60 million budget increase for charter schools even as it cuts more than $4.5 billion from broader K-12 programs.
The most consequential data point of the session came from Jennifer Coco, citing Stanford University’s Credo study. For most student subgroups, charter schools showed greater academic gains than traditional public schools. The one exception: students with disabilities, who showed academic learning losses in charter schools. “It brings me no joy to say that,” Coco said, “but it certainly drives the why of our work.” Coco was careful not to frame the problem as charter schools being unwilling to serve students with disabilities. She argued the real issue is structural: charters receive only 75 percent of the per-pupil funding of traditional public schools, lack the economies of scale to offer a full continuum of services, and struggle to compete for special education staff.
Pressure mounts for Ed Dept to release research funds
K-12 Dive
The U.S. Department of Education is under pressure from K-12 and college groups, as well as a bipartisan group of U.S. senators, to release nearly $300 million in funding for education research. In a May 11 letter, a bipartisan group of 19 U.S. senators, including Sen. Jeff Merkley, D-Ore., Sen. Thom Tillis, R-N.C., and Sen. Elizabeth Warren, D-Mass., said the Education Department received $793 million in FY25 and $789.6 million in FY26 for IES activities and there was a remaining balance of about $290 million that would lapse Sept. 30. IES allocations can be used over a two-year period, the senators’ letter said. A lack of spending at IES has led to “the sharp decline of special education research and data gathering,” according to a statement from Merkley. The senators criticized what they said are the closeouts of hundreds of unreviewed IES FY25 grant proposals within the National Center for Education Research and the National Center for Special Education Research. “This resulted in no new awards being made over the past year, and these awards are crucial to addressing urgent educational challenges facing students,” the letter said.
Could artificial intelligence improve special education?
Consider This from NPR
More and more students are qualifying for special education – more than 8 million students – but there aren’t enough teachers serving them. Special education teachers have for years been in short supply all around the country, and they say one reason they feel overworked is the paperwork. Here’s special education teacher Paul Stone.
PAUL STONE: This job is – this year, it’s – I don’t want to say killing me, but it has put a huge stressor on my mental health, to be honest. It would be kind of nice if there were two jobs, like one paperwork job and one working with the kids.
DETROW: Now, special education teachers are using AI to help them with the mountains of paperwork they are legally required to do.
DETROW: CONSIDER THIS – could artificial intelligence help special educators spend more time with their students?
ED Announces $144 M Boost for Students with Disabilities
On Wednesday, May 13, Secretary Linda McMahon, U.S. Department of Education (ED), announced a $144 million investment to help states expand evidence-based supports for students with disabilities, stemming from “unspent, non-expiring” funds that are attributed to the American Rescue Plan Act, which was passed in 2021. According to ED, the funding, which will be distributed this year, will allow state and local agencies to strengthen programs under the Individuals with Disabilities Education Act (IDEA). Secretary McMahon also unveiled new guidance encouraging states to use IDEA Part C funding to support families expecting children with disabilities. The guidance aims to help those parents access information, planning tools, and critical services before and after their child’s birth, and comes on the heels of Fiscal Year 2026 appropriations language that allows for that expanded use of funds.
McMahon Testifies Before House Education Committee
Secretary of Education Linda McMahon appeared before the House Education and the Workforce Committee last week to discuss U.S. Department of Education (ED) priorities. Key topics included the President’s Fiscal Year (FY) 2027 budget proposal, efforts to “return education to the states,” a new definition of “professional degree,” and more. Many Republicans supported consolidating K–12 programs into a scaled-back Make Education Great Again block grant, as proposed by the FY 2027 budget. Representative DeSaulnier (D-CA) raised concerns about consolidating programs like Statewide Family Engagement Centers, citing bipartisan support and strong results. He also noted the need to maintain all funding for the Individuals with Disabilities Education Act (IDEA) given the Secretary has proposed to eliminate IDEA Part B-619 preschool and Part D National Activities funding. McMahon affirmed her commitment to supporting students with disabilities. Asked about unspent funds for the Institute of Education Sciences, which includes special education research, she said, “We are evaluating those funds.” On shifting programs to other agencies, McMahon stated ED is “successfully co-administering grants and programs.” Representative Takano (D-CA) questioned the impact of cuts to the Office for Civil Rights (OCR); McMahon noted that, now that staff are in place, the 19,000-case backlog she inherited has been reduced by over 4,000 cases, without detailing how. Discussion also focused on ED’s new definition of “professional degree” under the federal loan program, which excludes fields like teaching, social work, and nursing. Democrats warned this could push students toward more costly private loans, while McMahon argued it would pressure institutions to lower tuition. COPAA has submitted funding recommendations for FY 2027 to Congress.
Senate days are numbered for top Republican charged with Ed. Dept. oversight
Education Week
The Louisiana Republican who leads the U.S. Senate panel that oversees the U.S. Department of Education is entering his final months in office after losing his primary election battle this past weekend.
Secretary McMahon to Testify on Department of Education Budget in the House
On Thursday, at 10:15 a.m. ET, the Committee on Education and Workforce, chaired by Rep. Tim Walberg (R-MI), has announced it will hold a hearing titled “Examining the Policies and Priorities of the Department of Education.” Secretary of Education Linda McMahon is scheduled to testify about the U.S. Department of Education Fiscal Year 2027 budget. COPAA has opposed the Department’s proposal to eliminate Part B 619 funding for preschool and all Part D National Activities along with other cuts (e.g., to the Office for Civil Rights and special education research). COPAA urges its members to email Congress urging them to reject the cuts and support children with disabilities as they negotiate the education appropriations bills.
COPAA Releases New Fact Sheet on the Least Restrictive Environment (LRE)
COPAA has released a new LRE Fact Sheet to protect and advance the civil rights of students with disabilities at a moment when those rights are increasingly under threat. The right to learn alongside nondisabled peers to the maximum extent appropriate is a cornerstone of IDEA—and a core civil rights protection Congress intended when it declared that “special education can become a service… rather than a place where such children are sent.”
As efforts to oppose Diversity, Equity, and Inclusion initiatives grow, so do attempts to weaken the LRE mandate, promote segregation, and erode inclusion under the guise of “choice” or “safety.” These efforts are designed to limit civil rights protections and undermine the promise of IDEA. Advocates for education equity must continue to learn, advocate , and connect to defend LRE and ensure students with disabilities receive the inclusive, ambitious education they deserve.
What You Can Do:
- Protect Congress’s Intent — Uphold IDEA’s requirement that students be educated in the general education classroom to the maximum extent possible.
- Oppose Efforts to Weaken LRE — Challenge proposals that redefine LRE, promote segregation, or weaponize anti‑DEI rhetoric to erode civil rights.
- Advance Full Federal Funding — Demand that the federal government meet its long‑promised 40% funding commitment to prevent inequitable and unnecessarily restrictive placements.
- Train Advocates, Attorneys, and Parents — Build the skills needed to identify unlawful practices, negotiate appropriate supports, ensure inclusive IEPs, and hold districts accountable.
The LRE mandate is a civil rights mandate. Protecting it protects students. Strengthening it advances equity.
Take Action: Tell Your Governor to Oppose the Federal Tax Credit Voucher Program
Governors in several states have not yet decided whether to participate in the new Federal Tax Credit Voucher Program under HR1 — and your voice is urgently needed .
This program will discriminate against students with disabilities, weaken civil rights protections, and divert public funds away from public schools. Private schools and private tutors receiving voucher dollars are not required to follow IDEA, Section 504, or provide a Free Appropriate Public Education. Families may unknowingly give up their child’s rights, while public schools lose critical funding.
COPAA is urging members to take action now
Your message will be sent directly to your governor.
If you live in a state that has not opted into the Federal Tax Credit Voucher Program, tell your governor to oppose it immediately.
States whose governors have not yet accepted the program (as of early 2026):
Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin
Take action now: Urge Your Governor to Oppose the Federal Tax Credit Voucher Program
Why this matters
- Students with disabilities will lose protections. Private schools receiving voucher dollars are not required to follow IDEA or Section 504.
- Public schools will lose funding. Tax-credit vouchers divert public dollars away from the schools that serve the majority of students, including those with the greatest needs.
- Civil rights enforcement is weakened. There is no mechanism to ensure nondiscrimination, accountability, or transparency.
Your advocacy ensures governors understand the real impact this program will have on students with disabilities and public schools. Click here to sign onto the letter to your Governor.
HISD under federal investigation over plans to restructure special education services
Texas Standard
The U.S. Department of Education’s Office for Civil Rights has opened an investigation into Houston ISD to determine whether the district is violating the rights of students with disabilities after it unveiled plans to restructure the way special education services are delivered.
This week, after Houston Public Media reported on leaked draft documents outlining their plan, district leaders confirmed they planned to consolidate special education services to certain campuses beginning in 2026-27. The move would require some students to be transferred from their neighborhood school to another school in the district that would be tapped as a hub to provide a variety of special education services.
“Public schools are required – to the maximum extent appropriate — to ensure that children with disabilities are educated alongside their nondisabled peers and to follow specific procedures when making placement decisions about how and where children with disabilities are educated,” the education department stated in a Friday news release announcing the investigation.
Houston ISD, the largest school district in Texas that has been under state control since 2023, defended its forthcoming changes in a Friday night statement while noting that 15,000 of its more than 21,000 students in special education “are served in inclusive settings.” The district also said that for the roughly 5,000 students “primarily served in self-contained settings, families can expect small class sizes, low adult-to-student ratios to support specialized instruction, and placement with similar-age peers.” HISD added that special education services will be available at more than half of its campuses.
Wealthy students more likely to get disability accommodations, study finds
The 74
While intended as a universal benefit, educational support for disabled children is significantly segregated by class, according to a paper released in January. The decade-spanning analysis of state and federal data found that wealthy families were twice as likely as poorer ones to be granted accommodations under the federal law Section 504. A similar split was present in the vast architecture of special education offered through Individualized Education Programs — though in that case, the dynamic was reversed, with IEP recipients much more likely to come from low-income families than well-off ones.
Secretary McMahon Presents Fiscal Year 2027 Education Budget in Senate
Marking her first appearance before Congress since last June, Secretary of Education Linda McMahon presented the Administration’s priorities in the Fiscal Year (FY) 2027 education budget before the Senate Labor, Health and Human Services, Education and Related Agencies Appropriations Subcommittee (Labor-H). The themes from the Secretary included a desire to shift authority for education to states out of the “antiquated and outdated bureaucracy” of the Department of Education, to cut K-16 education programs by $6 billion, and launch a $2 billion Make Education Great Again block grant program to States, and continue to utilize Interagency Agreements (IAA) to move programs and staff to other federal agencies. In the back-and-forth about the latter, she countered questions from Democrats about reports that the Department of Labor is ill-equipped to oversee and manage the massive K-12 portfolio set to move there, with continual affirmations that things were going very smoothly, with just a few bumps. Both Republicans and Democrats spoke in opposition to the Department’s proposal to eliminate the TRIO program, a $1.2 billion collection of eight grant programs that support low-income middle and high schoolers in accessing affordable higher education. Regarding K-12 education more specifically, Democrats spoke to the chaos the Secretary’s actions have caused through “illegal” use of IAAs to move education programs to the Department of Labor and asked directly about the pending plan to move special education to another agency, whereby the Secretary noted that they were still “considering their options.” The Senate will now begin the process of negotiating the top-line spending level that will determine available funds for Labor-H and other individual bills. Given the strains on federal funds, Labor-H staff have alerted advocates to the challenge and long road ahead to funding the largest domestic spending bill in our nation’s budget. In light of this reality, please join COPAA and urge Congress to protect and fund all general and special education programs in the FY 27 appropriations Labor-H bill.
Millions of Research Dollars Due to Lapse, Special Education Most Affected
Knowledge Alliance (KA) warns that an estimated $289 million (36%) of Fiscal Year (FY) 2025 funding for the Institute of Education Sciences (IES) is at risk of expiring by September 30, 2026. According to a KA memo analyzing federal education research spending, federal budget data shows that the lapse could occur because the Office of Management and Budget (OMB) has not apportioned funds to IES programs, and the most recent IES education spend plan does not indicate an intent to obligate these funds for federally authorized education research. The analysis also finds that OMB’s delays in allocating funds have left key investments in research, data collection, and technical assistance uncommitted. Specifically, the memo notes, programs supporting special education research via the National Center for Special Education Research are among the most affected, raising concerns about gaps in evidence on how to better serve students with disabilities. It cautions that “without timely competitions and new awards, the pipeline of evidence dries up,” potentially limiting innovation and weakening support for students who rely on targeted interventions and services.
Linda McMahon defends cuts, changes to Education Department
NPR
The Trump administration’s budget proposal includes $16 billion for the Individuals with Disabilities Education Act (IDEA), a federal law that guarantees students with disabilities a “free appropriate public education.” That’s one area where the department is proposing to boost spending by $539 million over last year.” We’ve been clear. Shifting authority back to the states will not come at the expense of essential federal programs,” said McMahon of the requested increase. Yet McMahon has also pledged to shift supervision and enforcement of IDEA to other agencies as a part of its effort to dismantle the Education Department, a move many special education advocates oppose. When asked about those efforts, McMahon said that while her team is still making a final decision, the departments of Labor and Health and Human Services are two potential homes for special education. To that, Murray said she has heard from parents and advocates who are “spitting mad, because they want to ensure their child with a disability has an education.” “Moving [special education] out of the department is not only undermining that,” Murray said, “but it’s a direct message to them that their health is more important than their education.”
Report: Education Department’s Office for Civil Rights is flunking
Mother Jones
Last Tuesday, Sen. Bernie Sanders (I-VT.) released a report showing just how intensely the Education Department’s Office for Civil Rights has failed students. The report found that there were zero resolution agreements in 2025 “involving sexual harassment, sexual violence, seclusion or restraint, racial harassment, or discriminatory school discipline.” Overall, just one percent of complaints submitted to the Ed Department’s OCR received a resolution agreement. Sanders noted that OCR has been “decimated”—nearly half of OCR employees received a reduction-in-force notice in March 2025. The report highlighted the fact that 2025 saw the fewest resolution agreements in 12 years. “When a child with a disability is denied the education they are entitled to, when a student faces racial or sexual harassment — they turn to the Office for Civil Rights for help,” Sanders said in a press release. “Yet the Trump administration has decimated this office. As a result, tens of thousands of students facing discrimination have been left with no recourse. That is beyond unacceptable.”