Federal Legislation & News
in Special Education
Advocates Tell Congress to Protect All Ed Programs In Pending Appropriations Bill
COPAA joined hundreds of organizations and thousands of individuals to urge Congress to protect all education programs from being transferred to other federal agencies by expanding language included in the pending Senate Labor, Health and Human Services, Education and Related Agencies (Labor-H) Fiscal Year 2026 appropriations bill that already protects Title I and IDEA from any transfers. The letter to the Senate notes that recent actions to dismantle the U.S. Department of Education (ED) through announcements to transfer programs out of ED are both illegal and harmful, stating that other agencies have “no history or expertise in education…” Further, the letter details how the administration is “creating a fractured, chaotic, and inefficient system for implementing the laws Congress has passed” and notes the ways ED functions by federal statute including to provide steady, focused leadership, to help states and districts support student success…and to protect student civil rights.” Finally, advocates urge Senators to “enforce the statutory role Congress established to protect students…take steps to eliminate [the] illegal interagency agreements and ensure that decisions about federal educational responsibilities continue to be made lawfully, transparently, and in the best interest of America’s children.” Read more about COPAA’s efforts to protect IDEA and stop the dismantling of ED.
Second Circuit provides a win for students through age 22.
A New York class action lawsuit regarding the right of students with disabilities to receive special education services until their 22nd birthday can proceed thanks to a December 2025 ruling from the U.S. Court of Appeals for the Second Circuit. The decision in J.M. v. New York City Department of Education is available here.
The Second Circuit vacated a decision by the U.S. District Court for the Southern District of New York, which had dismissed the class action lawsuit brought by parents of students with disabilities against the New York City Department of Education and the Board of Education of the City School District of The City of New York (“DOE”) for violating the IDEA with a policy that terminates students’ special education services before they turn 22.
Because the state of New York provides adult education programming to nondisabled students who are 21 and older, the IDEA requires the state to provide a free appropriate public education (“FAPE”) to students with disabilities until their 22nd birthday. On the DOE’s motion, the New York district court had dismissed the lawsuit, finding a lack of subject matter jurisdiction because the plaintiff families had not exhausted administrative remedies by first filing to request an administrative due process hearing(s).
In reversing the district court’s decision, the Second Circuit noted that “exhaustion is not an absolute requirement” and ruled that the plaintiffs’ claims met the policy-or-practice exception to the IDEA’s exhaustion requirement: “Plaintiffs have pointed to a specific policy and practice they contend is contrary to law…. And the purposes of exhaustion would not be served” because their claims focused on a question of law “untethered from the individual circumstances of any individual student,” and the legal questions “do not require the ‘exercise of discretion and educational expertise by state and local agencies.’” The court also noted that the IDEA’s exhaustion of administrative remedies requirement “is a claim-processing rule and not a limit on the court’s jurisdiction.” The Second Circuit vacated and remanded for further proceedings.
Act Now! Tell Congress to End the Use of Seclusion & Restraint and Target Resources to Train School Teams
In December, the bipartisan Keeping All Students Safe Act (H.R. 6617/S. 3448) (KASSA) was introduced by Rep. Beyer (D-VA), Rep. Hamadeh (R-AZ), Ranking Member Scott (D-VA), Sen. Murphy (D-CT), Sen. Murray (D-WA), and Sen. Sanders (I-VT). COPAA endorsed the bill because it would prohibit schools from secluding any child or using any dangerous restraints that restrict breathing or can cause harm. KASSA would only allow restraint when needed to protect students and staff from serious physical injury. Importantly, the bill would provide funds to train school personnel so they can address behaviors with proactive evidence-based strategies. ACT NOW! Email your Senators and Representative and urge them to cosponsor the Keeping all Students Safe Act today! Learn more about KASSA and why we must ensure students with disabilities have every opportunity to pursue their education free from the fear of trauma and abuse.
50 Years of IDEA: 4 Things to Know About the Landmark Special Education Law
Education Week
Fifty years ago, Congress dramatically expanded schools’ responsibilities when it passed the nation’s primary special education law, requiring children with disabilities to receive a “free appropriate public education” alongside their non-disabled peers. The Education for All Handicapped Children Act, as it was then called, required schools to identify students with disabilities and make individualized plans to meet their needs. Disability rights advocates celebrated the law. But even as President Gerald Ford signed it on Dec. 2, 1975, he expressed concerns that Congress would not be able to provide adequate funding to meet its detailed mandates.
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The inside view of McMahon’s plans for special education
POLITICO
Disability advocates alarmed by the Trump administration’s plans for special education say a recent meeting with Education Secretary Linda McMahon did not alleviate what one participant described as “grave concern.” McMahon and Assistant Secretary for Civil Rights Kimberly Richey huddled with advocates for students with disabilities last week to discuss the future of the agency’s Office of Special Education Programs, Rehabilitation Services Administration, and the Office for Civil Rights. The upshot: The administration still plans to transfer federal responsibilities for special education services to a government agency outside the Education Department, according to the advocates. But not this week, despite rumors that the agency would launch new agreements to transfer more of its programs to other agencies on Christmas Eve. The timing of any decision — and the final destination for programs that support students with disabilities and investigate their civil rights discrimination complaints — is still being determined, advocates said they were told by agency officials.
The department oversees roughly $15 billion in annual spending on programs that support students with disabilities. The prospect of transferring federal programs has raised alarm among advocates who say such a move could undermine the government’s responsibility to guarantee children with disabilities get the education they are legally entitled to receive. “She and the others in the room kept reiterating that they fully supported IDEA, that they fully support students with disabilities, and they don’t intend to cut anything from them,” Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, said of McMahon’s message during the meeting. “We, quite frankly, said, ‘While we appreciate those words, your actions don’t match them.’ “That’s what we have grave concern about,” Marshall said. “Because when significant change like this is happening, and the actions don’t match the rhetoric, or the words, or the information, that’s what leads to fear and confusion and chaos. And that’s what we think is happening right now.”
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‘A shifting system’: concerns over students’ civil rights rise as DoJ changes priorities
The Guardian
Within the justice department’s civil rights division is a small office devoted to educational issues, including seclusion, as well as desegregation and racial harassment. The division intentionally chooses cases with potential for high impact and actively monitors places it has investigated to ensure they are following through with changes. When the educational opportunities section acts, educators and policymakers take notice. Now, however, the Trump administration is wielding the power of the Justice Department in new and, some say, extreme ways. Hundreds of career staffers, including most of those who worked on education cases, have resigned. The Department of Education’s Office for Civil Rights also has been decimated, largely through layoffs. The two offices traditionally have worked closely together to enforce civil rights protections for students. The result is a potentially lasting shift in how the nation’s top law enforcement agency handles issues that affect public school students, including millions who have disabilities.
Time out box for special needs students sparks outrage
MSN.com
Photos of a structure resembling a shipping container with four wooden exterior panels and a padded interior appeared on Facebook on Dec. 15. But what, or rather who, was in the containers continues to spark outrage due to claims that special needs children were placed in them during time-out sessions. The photos, posted by a former school board member, were from the St. Regis Mohawk School in the Salmon River Center School District, in the upstate New York community of Akwesasne near the Canadian border, prompting a state investigation that led to school staff being placed on leave and the superintendent’s temporary reassignment. “We recognize the pain, concern, and distress these events have caused, and we are truly sorry for the harm and trauma this has resulted in for our community,” Jason Brockway, the board’s president, said in a Dec. 18 statement. “We want to be clear: the circumstances surrounding these allegations do not reflect the values and standards of care that guide this district.” Chrissy Onientatahse Jacobs, who posted images, says it’s not enough. “I want to see (Superintendent) Stanley Harper terminated. I want to see the Assistant Superintendent Angela Robert terminated. The special education director, Alan Gravel, I want him terminated,” Jacobs told USA TODAY in an interview.
Why tracking racial disparities in special education still matters
The Michigan Chronicle
Classrooms should be places of opportunity, not obstacles. But for many students with disabilities, especially students of color and English learners, school often reinforces the inequities it’s supposed to erase. Black students, for example, have been overrepresented in special education since 1968, when the U.S. Office for Civil Rights first began tracking school district data. The starkest disparities appear in categories that depend on perception, such as learning disabilities and emotional disturbances, where bias too often determines outcomes. We know that students of color, with the exception of Asian students, are identified for special education at a higher rate than their white peers. Black students are 40% more likely to be identified with a disability and are three times more likely than white students to be suspended or expelled.
Inside one state’s bold plan to keep special education teachers
Education Week
Special education has grappled with chronic staff shortages for decades. But efforts to support and retain new teachers can shortchange the specialized needs of educators serving students with disabilities, contributing to a constant revolving door of special educators moving to general education or leaving the classroom entirely. That’s why Pennsylvania’s Attract-Prepare-Retain initiative—which personalizes mentoring and support for special education teachers, leaders, and aides who may be isolated in their own districts—could serve as a model for states looking to stabilize their special education workforce. “When we talk to our [special education] teachers, many of the reasons that they are leaving are, they don’t feel supported by their administration, their administration doesn’t understand what their job is or how to support them to do their job,” said Carole Clancy, Pennsylvania’s director of special education.
‘Let me go!’: Judge sides with black middle schooler with disabilities who was cuffed four times by school police, issues scathing order to California school district
Atlanta Black Star
The parents of a Black middle school student who was repeatedly physically restrained and handcuffed by school police for misbehavior related to his disabilities have won out after a precedent-setting five-year legal battle with the local school district and sheriff’s department in southern California. After presiding over the racial and disability discrimination lawsuit since 2021, U.S. District Judge Jesus G. Bernal approved settlement agreements last fall ordering Moreno Valley United School District (MVUSD) to pay the minor plaintiff, “C.B.” $1.2 million and Riverside County and its sheriff’s department to pay $650,000 to the boy, who was 10 and 11 years old when he was allegedly mistreated by campus security officers (CSOs) and deputy sheriffs assigned as school resource officers (SROs).
A behavior plan created for C.B. with a team including his parents and special education teacher called for interventions such as “de-escalation, patience, communication, and waiting” when he acted out, the lawsuit said. But school police, unaware of the behavior plan and untrained in how to handle conflicts involving students with disabilities, instead injured and traumatized C.B., the lawsuit claimed, when they immediately resorted to physically restraining him, sometimes tackling him, sitting on him, and handcuffing his arms behind his back before hauling him away in a police vehicle.
The dangerous over-accommodation myth
Psychology Today
Students in K-12 and college have been battling a new development when seeking accommodations for mental disabilities such as autism, ADHD, anxiety, and depression: a backlash against accommodations for invisible disabilities. In the January 2026 issue of The Atlantic, staff writer Rose Horowitch observes the ways student disability accommodations have changed the landscape of universities—but not for the better. She writes, at the beginning of her article, “Administering an exam used to be straightforward: All a college professor needed was an open room and a stack of blue books. At many American universities, this is no longer true.” Why? Per Horowitch, “Professors now struggle to accommodate the many students with an official disability designation.” There are so many of these students, she claims, because “more young people [are] getting diagnosed with conditions such as ADHD, anxiety, and depression.” But, per Horowitch, the rise in diagnoses is not the only cause of the surge in accommodations. She notes, “Universities [are] making the process of getting accommodations easier.”
COPAA Applauds Bipartisan Introduction of the Keeping All Students Safe Act
In response to the introduction of the Keeping All Students Safe Act H.R. 6617/S. 3448 (KASSA) in the U.S. Congress, COPAA CEO Denise Marshall issued a statement endorsing the bill and reiterating COPAA’s deep commitment to ensuring that “no child is subjected to abusive treatment under the guise of providing educational services.” KASSA was introduced on December 11 in the House by Rep. Don Beyer (D-VA), Rep. Abraham Hamadeh (R-AZ), and Ranking Member Bobby Scott (D-VA). In the Senate, the sponsors are Ranking Member Bernie Sanders (I-VT), Senator Chris Murphy (D-CT), and Senator Patty Murray (D-WA). The bill would make it illegal for any school receiving federal funds to seclude children, would ban dangerous restraint practices such as prone, supine, mechanical, or chemical restraint, and would significantly limit the use of physical restraint. KASSA requires schools to inform parents when physical restraint occurs, allows a private right of action for families, provides grants to states for training school personnel, and mandates that states monitor implementation, collect and report data, and increase transparency and oversight to prevent future abuse of students. As a leader on KASSA, COPAA will launch Hill outreach activities when Congress returns in January.
Thirty-Five Senators Call for ED Oversight Hearing
Led by Ranking Member Bernie Sanders (I-VT), all Senate Democrats on the Health, Education, Labor, and Pensions (HELP) Committee submitted a letter to Chairman Bill Cassidy (R-LA) on Thursday calling for an immediate oversight hearing with Education Secretary Linda McMahon concerning what they describe as the “systematic dismantling” of the U.S. Department of Education (ED). The Senators assert that six interagency agreements announced on November 18 would transfer more than 50 major education programs—representing over $30 billion annually—to federal agencies that lack the requisite expertise and operational capacity to manage them. They argue that this move constitutes “an unlawful effort to advance the Administration’s stated goal of dissolving the Department” and warn that dispersing programs across multiple agencies will generate confusion, disrupt services for tens of millions of students, and exacerbate recent funding cancellations and withholding of funds. COPAA has also been urging Congress to conduct oversight hearings and is currently conducting outreach meetings with Hill offices. Email Congress TODAY about the need to protect children with disabilities and investigate executive violations of statutory requirements under federal education laws.
National Academy, TBI Must be Considered a Long-Term Health Condition
The National Academies of Sciences, Engineering, and Medicine (NASEM) released Examining Traumatic Brain Injury as a Chronic Condition, a readout and report on data demonstrating why traumatic brain injury (TBI) should be considered a long-term health condition. NASEM notes that the recommendation is grounded in analysis of the biological processes of TBI -that shape outcomes over time- and are examined in combination with the multifaceted comorbidities that can continue or arise well after the initial injury. The report also includes personal accounts that highlight the real-world consequences for individuals with TBI and reinforce the need for ongoing, cross-disciplinary support to promote recovery and overall quality of life.
Belonging by design: A Conversation with Max on the promise of IDEA
AASA
This year marks the fiftieth anniversary of the Individuals with Disabilities Education Act (IDEA), a landmark commitment that ensures every student, regardless of ability, has the right to learn, participate, and belong in public education. At Margaretville Central School, IDEA is more than a law. It is a daily promise — a promise that students like Max are seen, valued, and supported as full members of our school community.