Federal Legislation & News
in Special Education
Senators Introduce Keep Public Funds in Public Schools Act
Led by Senators Mark Kelly (D-AZ) and Mazie Hirono (D-HI), 28 Democrats have signed onto the Keep Public Funds in Public Schools Act –a bill that would repeal the portion of HR 1 that allows tax credits for contributions to scholarship granting organizations and the associated income exclusion from federal tax. In announcing the bill, Senator Kelly cited his own state as a cautionary tale, explaining that voucher initiatives harm budgets and only benefit certain families. According to Sen. Kelly and public reports, the state-funded Arizona Empowerment Scholarship Account used $10 million on banned purchases that included gift cards and luxury hotel stays; and the program has led to declining public-school enrollment and school closures. 163 national and state organizations have endorsed the Senate bill.
Take Action: Tell Your Governor to Protect Students with Disabilities Under the New Federal Tax Credit Voucher Program
Governors are making decisions about the Federal Tax Credit Voucher Program under HB1, and your voice is needed. Whether your state has already opted in or has not yet made a decision, you can send a letter urging your governor to protect students with disabilities and ensure strong accountability.
- If your state has opted in, urge your governor to add protections for students with disabilities and require accountability from participating private schools:
Take action - These states have opted into the program as of early 2026:
Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming
- If your state has NOT opted in, tell your governor to oppose the program and protect public schools and students’ civil rights:
Take action - The following states have not accepted the Federal Tax Credit Program as of early 2026:
Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin
Your advocacy makes a difference.
DOJ Extends Deadlines for Compliance with ADA Accessibility Regulations
On Monday, the Department of Justice (DOJ) formally noticed its decision to revise the regulations implementing Title II of the Americans with Disabilities Act (ADA) to extend the compliance dates for the requirements for web content and mobile application accessibility that were adopted in April 2024. The compliance date for State and local government entities with a total population of 50,000 or more is extended from April 24, 2026, to April 26, 2027. The compliance date for public entities with a total population of less than 50,000, or any special district government, is extended from April 26, 2027, to April 26, 2028. The change is final and will impact the implementation and roll-out of accessibility features for public K-16 websites and mobile applications that students and families use. While the dates are final, DOJ is seeking “post-publication comments” which must be submitted by June 22, 2026. In its rationale, DOJ noted, “Because of circumstances outside of the Department’s and covered entities’ control, both in covered entities’ resources and the availability of technology, the Department believes those deadlines are infeasible and unfair to covered entities. Upon these new observations, the Department again strikes a balance between covered entities’ burdens and ensuring accessibility for individuals with disabilities and believes an extension is appropriate.” COPAA, along with disability partners, has opposed the deadline which extends compliance for public entities to 3 and 4 years, respectively. COPAA is also concerned that DOJ noted its intent to “…engage in future rulemaking processes related to the substantive requirements of the 2024 [Title II Accessibility] final rule…and will consider issuing a Notice for public comment.”
Inside Trump’s 3.5% budget boost for special education
K-12 Dive
The Trump administration’s fiscal year 2027 budget proposal to Congress touts a “historic investment” into federally funded special education programs, including increased flexibility for states to make funding decisions and a renewed effort to reduce paperwork burdens for special educators and administrators. Despite the proposed $539 million increase over FY 2026, special education administrative organizations and disability rights advocacy groups say the federal spending plan zero-funds and consolidates several programs for FY 2027, similar to the administration’s FY 26 proposal. Those changes would make states less accountable for provisions under the Individuals with Disabilities Education Act and would erode the services and supports that students, families, and special educators rely on, they say.
Education Department’s dismantling
The Hill
Another office within the Department of Education is on the chopping block after a year of efforts to dismantle the federal agency, pushing the hope of restoring certain programs further out of reach for opponents. The Office of English Language Acquisition (OELA), which used to support English language learners, is the latest of dozens of programs that have been dismantled or relocated by the Education Department to fulfill President Trump’s campaign promise to shut down the agency. While opponents have not lost hope that the department can be rebuilt, the task grows more difficult by the day, with programs shuttered, thousands of employees fired, and some initiatives transferred to entirely different federal agencies.
Schools are supposed to limit using restraint and seclusion to discipline kids – but parents I spoke with say the practice is wildly misused
The Conversation
“Jessica,” the adoptive mother of a third-grade student, was shocked when she discovered that her daughter had spent over 100 hours locked in a room alone at her North Carolina public school. School staff locked the child in a room by herself after she flipped markers in the air, lay on the floor, and tilted her chair back, Jessica told me in 2024. Jessica’s daughter has a nonverbal learning disability, mild attention-deficit/hyperactivity disorder, and bipolar disorder.
Jessica’s situation is one of dozens that I document in my 2026 book, “No Restraint: Disabled Children and Institutionalized Violence in America’s Schools.” This book is part of my research on how families of children with disabilities navigate public schools that use restraint and seclusion to discipline students.
The digital accessibility deadline is here. Schools aren’t ready.
EdSurge News
A major civil rights deadline affecting schools and vendors will hit this month. Federal law has required accessibility for people with disabilities for decades, says Glenda Sims, chief information accessibility officer at Deque Systems, a company that specializes in digital accessibility. But two years ago, the federal government finally gave schools a way to measure whether their websites, mobile apps, and digital content were accessible under law when it released a “final rule.”
On April 24, the first deadline will hit. By then, institutions must ensure their web content and mobile apps comply with Level AA of the Web Content Accessibility Guidelines (WCAG) 2.1, a widely recognized accessibility standard that includes requirements such as a minimum contrast ratio and audio descriptions. But with the well-advertised deadline just days away, schools are well behind schedule.
Federal investigation opened into New Home ISD special education program
KCBD
The U.S. Department of Education’s Office for Civil Rights opened an investigation into the New Home Independent School District based on reports that the district discontinued a special education classroom and failed to provide notice before placing students in a classroom approximately 30 miles away. The investigation will determine whether the district violated Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act by discriminating on the basis of disability.
The real story behind the rise in disability accommodations
Syracuse University Today
An increase in accommodations is a natural consequence of the increased presence of students with disabilities in higher education. The Americans with Disabilities Act defines disability broadly, and without knowing more about each individual’s approved accommodation, it is difficult, if not improper, to conclude that any increase is suspicious.
Chairman Cassidy to Host Roundtable on Child Literacy and Students with Dyslexia
On Wednesday, April 15, 10:00 a.m. ET U.S. Senator Bill Cassidy, M.D. (R-LA), Chairman of the U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee, will host a livestream roundtable focused on supporting students with dyslexia. Chairman Cassidy has indicated the roundtable is linked to his longstanding efforts to improve child literacy rates. Regarding the roundtable, Senator Cassidy has also introduced the 21st Century Dyslexia Act, which COPAA opposes.
Some Advocates Concerned as States Push for Cameras in Special Education Classrooms
EdSurge
As federal and state legislation swirls over the usage of cellphones and personal devices in classrooms, there is a renewed push for another form of technology: surveillance cameras. Legislators in Florida, Iowa, Maryland, South Carolina, and Tennessee introduced video surveillance bills this year, proposing to place cameras in self-contained special education classrooms, which are rooms solely for students with special needs. The move comes as a handful of states – Louisiana, West Virginia, Georgia, and Alabama – have adopted the legislation over the last decade to curb harmful physical practices. That includes teachers using restraints on students with behavioral issues and, in some cases, placing them in seclusion rooms or resorting to physical violence.
Most advocacy groups – including the Council of Parents Attorneys and Advocates and the National Center for Learning Disabilities – have not taken an official stance on the issue. “[In 2015] was the first time we’ve started to really debate even how we felt about it,” COPAA’s Marshall says, adding that opinions in the group are mixed. “I think it’s too early to tell with the research what the effects are, and I don’t think the states are collecting the data to help understand.”
White House Sends Budget to Congress, Eliminates Preschool and Other Special Ed Funding
On Friday, the White House released the Fiscal Year (FY) 2027 Budget Request to inform Congress’ work on annual appropriations. The Administration’s budget proposes funding levels for education, justice, health, and other federal programs, which will be negotiated by Senate and House appropriators in the coming months. Specific to education, the White House has proposed an overall cut of about 3 percent to program funding at the U.S. Department of Education (ED) and would drastically reduce staff by nearly 50 percent. Digging into the details, the White House proposed cuts and program eliminations similar to those it offered for FY 2026, which Congress rejected. Specific to the Individuals with Disabilities Education Act (IDEA), the Administration has proposed a decent overall increase of $1.68 B to Part B (school-age children). However, the bulk of this results from the proposed elimination of IDEA Part B-619 (preschool) and all programs funded under IDEA Part D (National Activities), while IDEA Part C (infants and toddlers) would receive a $50 M increase. Staff reductions are severe, as they propose cutting the Office of Special Education and Rehabilitative Services from 163 full-time equivalents (FTEs) to 31. For the Elementary and Secondary Education Act (ESEA), Title I is level funded and charter school programs are boosted by $60 M, all other ESEA Title and authorized programs under the law (e.g., Comprehensive Literacy, Family-Statewide Engagement Centers, Javitz Gifted/Talented, Adult Education etc.…) are eliminated. In their place, the White proposes to consolidate 17 programs ($6.5 B) into one grant for states to use with federal prescription and provides $2.1 B for the “Make Education Great Again” grant for states. The Office for Civil Rights has been cut by $30 M and staff are reduced by nearly 50 percent.
Regarding the Department of Health and Human Services (HHS), the White House recommends changes to programs that support people with disabilities, including the elimination of University Centers for Excellence in Developmental Disabilities (UCEDDs), cuts to programs under Autism and Other Developmental Disabilities, and cuts to the Protection and Advocacy Systems (P&As). Congress ignored similar recommendations made by the White House last year that would have altered or eliminated key HHS programs. When Congress returns next week, Senate and House appropriators will begin the process to determine whether -and to what extent- to include the funding recommendations as they negotiate spending bills over the coming months.
Stride Policy has provided a Summary Chart comparing the White House FY 2027 Budget Request with prior years. COPAA members are encouraged to EMAIL Congress today and support FY 2027 funding that: supports all parts of IDEA consistent with the law, ensures needed resources are provided to states/districts, and requires all K-12 programs to be overseen by ED as the law requires.
ProPublica Sues ED for Records Release
ProPublica has sued the U.S. Department of Education (ED) for failing to comply with multiple
Freedom of Information Act (FOIA) requests seeking records related to civil rights investigations
and agency communications. The lawsuit alleges that under Secretary Linda McMahon, the
Office for Civil Rights (OCR) has become significantly less transparent, with reduced public
reporting, undisclosed case resolutions, and a shift in enforcement priorities. Staffing cuts and
office closures have further weakened the agency, contributing to a growing backlog of
discrimination complaints—many of which are reportedly dismissed without investigation.
ProPublica argues that the lack of transparency undermines public accountability and obscures
decisions affecting millions of students and families.
Read about ProPublica vs. U.S. Department of Education Lawsuit.
As Trump’s Education Dept. pulls back on civil rights, states step up
AP News
In their mostly white school district, Black students routinely heard racial slurs. White classmates hurled insults like “slave,” “monkey” or worse. It often went unpunished. Parents made those claims in a 2024 complaint asking the U.S. Education Department to investigate racial bullying at the Pennridge School District in Pennsylvania. They thought their complaint had the power to make things better. Instead, it became one of thousands sitting in a federal office with little hope of gaining attention after layoffs by the Trump administration. Families say they’ve had nowhere else to turn. “There was an expectation that something was going to happen,” said Adrienne King, who has two daughters in the district and is president of the NAACP Bucks County chapter. When nothing did, “it’s a very hollow, empty feeling.” One of the Education Department’s biggest jobs is to police discrimination in America’s schools. But amid mass firings and shifting priorities, that role has waned. In its place, there’s an emerging push for states to step up.
These blind students say their college blocked their education. A new rule could help
NPR
Miranda Lacy and Harold Rogers became fast friends during their undergraduate years. They both shared their dreams with one another: Rogers wanted to use his education to become a psychotherapist, and Lacy wanted to become a social worker. So, they were delighted to be reunited for graduate school – at an online Master’s in Social Work program at West Virginia University (WVU). Little did they know, their journey there would be much harder. Both students are blind and say that learning materials, from course modules to class readings, have been inaccessible to them at WVU. Many documents are not compatible with screen readers, which are software programs that translate what’s visually represented on a webpage into speech. “It’s been like going down a ski slope without any assistance,” says Rogers, 34.
Digital accessibility is a major concern for students with blindness and other disabilities — an ever-changing landscape that often isn’t designed with disabilities in mind. Now, that could change: An update to regulations in the Americans with Disabilities Act (ADA), set to take effect at the end of April, will require public institutions to meet new standards that dictate what accessibility should look like