Federal Legislation & News
in Special Education
ED Proposes Transfer of Education Safety and Foreign Aid Programs to Other Agencies
Monday, the U.S. Department of Education (ED) announced two new interagency agreements (IAAs) that will transfer foreign gift and contract reporting for certain domestic public and private institutions of higher education (IHEs) to the U.S. Department of State (State), and certain school safety, early education, full-service community schools and statewide family engagement programs to the Administration for Children and Families (ACF) within Health and Human Services (HHS). The foreign gift and contract reporting activities are required to be conducted under Section 117 of the Higher Education Act of 1965 and the School Emergency Response to Violence (Project SERV), School Safety National Activities, Ready to Learn Programming, Full-Service Community Schools, Promise Neighborhoods, and Statewide Family Engagement Centers are authorized under the Elementary and Secondary Education Act. These IAAs follow the announcement of six prior agreements last November whose finalization and details remain in flux. While the new IAAs do not directly impact the Individuals with Disabilities Education Act (IDEA), COPAA is deeply concerned with any action taken by ED that seeks to separate or shift authorized K-12 programs out of ED that supports the ecosystem of education created by Congress to support all children, including students with disabilities and their families. See COPAA’s alert urging Congress to protect children with disabilities and stop any action to dismantle ED.
Ed Department Dismissed 90% Of Civil Rights Complaints Alarming Disability Advocates
Disability Scoop
The U.S. Department of Education dismissed the vast majority of discrimination complaints it received — likely including many based on disability — all while spending millions in an effort to fire staff charged with investigating such cases. A new report from the Government Accountability Office finds that between March and September 2025, the Education Department’s Office for Civil Rights resolved more than 7,000 of the 9,000-plus discrimination complaints it received. In about 90% of cases, complaints were dismissed. At the same time, the Department of Education spent as much as $38 million to pay hundreds of staffers from the agency’s Office for Civil Rights who were on paid leave as a result of reduction in force and reorganization efforts, GAO said. The findings are especially alarming for students with disabilities, advocates say.
Education Department officials told GAO investigators that the civil rights office kept up with its workload and met its mission even while hundreds of staffers were on paid leave. But, Marcie Lipsitt, a special education advocate in Michigan who routinely helps families file complaints with the Education Department, described the Office for Civil Rights as “closed for business.” “I have heard nothing since last March, and neither have parents that I assisted with complaints,” said Lipsitt, who indicated that she has several hundred open complaints with the civil rights office.
How special educators can help students when ICE comes to town
K-12 Dive
Faced with students staying home or switching to online learning because of immigration enforcement activity, special educators are working to continue individualized services for students with disabilities who are suddenly out of the school building. “When we started even talking about a virtual learning option, it really came from a place of concern for our students and their access to education,” said Heidi Nistler, assistant superintendent of specialized services for St. Paul Public Schools in Minnesota. The district’s 33,000 general and special education students have the option to enroll in temporary virtual learning, which began Jan. 22 after Immigration and Customs Enforcement activity roiled the Minneapolis-St. Paul community. About 20% of the district’s students have opted into the temporary remote learning model.
Congress Fails to Negotiate Final Homeland Security Funding Bill
The February 13 deadline set by last week’s continuing resolution (CR) to fund the Department of Homeland Security (DHS) is expected to lapse tonight without a new spending agreement from Congress. Without a final bill or new CR, DHS is expected to shut down until a deal can be reached. Because Congress goes into a scheduled recess next week, it is unclear when a new agreement will be finalized. While DHS is the only federal agency impacted by the shutdown -as all other agencies are funded through September 30, 2026- the political and on-the-ground tensions continue to unfold. Depending on the length of the shutdown, air travel could be impacted, as the Transportation Security Administration, which handles airport security, is funded through the bill.
House Appropriations Subcommittee Holds Hearing on Science of Reading
On Tuesday, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Services (Labor-H) held a bipartisan hearing, “The Science of Reading.” Subcommittee Chairman Robert Aderholt (R-AL) used the hearing to highlight recent gains in literacy achievement in states that have adopted science of reading strategies, specifically Mississippi and Alabama. Ranking Member Rosa DeLauro (D-CT) stressed the role of the subcommittee in supporting and increasing federal investments in education research and educator preparation and professional development, as well as the Individuals with Disabilities Education Act and Title I to ensure federal dollars are used effectively to improve literacy. Witness Dr. Holly Lane, Director of the University of Florida Literacy Institute, testified to the need for federal support, including for research and educator preparation. ”Every state is attempting to improve literacy, but most don’t know where to begin,” she remarked. She added, “There is romanticism about local control of education- when there is local expertise, it works great. When there is little to no local expertise, it doesn’t work well.” She emphasized that federal research dollars through the Institute of Education Sciences (IES) largely funded the science of reading evidence base and discussed the rigorous process for awarding research dollars through IES. She stressed the importance of using evidence-based practices in educator preparation programs and highlighted the value of preparation grants supported through the Department of Education’s Office of Special Education Programs. Several Members discussed equity in literacy, from racial disparities to parents who struggle with their own literacy. Lane and others agreed that family literacy is a strong solution to create literacy-rich home environments.
To view the hearing, go here.
ED Highlights Funding Flexibility for Innovative Staffing
On Monday, the U.S. Department of Education (ED) issued a Dear Colleague letter that provides guidance to states and school districts highlighting current flexibility under the Elementary and Secondary Education Act of 1965 (ESEA). The guidance explains how Title II, Part A funds can be used to support innovative approaches to the teacher workforce, such as strategic staffing models. ED contends that these approaches aim to enhance student achievement and outcomes by strengthening support for educators and broadening instructional opportunities.
Read the press release here.
Senate HELP Committee Holds Child Care Hearing
On Thursday, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing, “Restoring Integrity: Preventing Fraud in Child Care Assistance Programs.” Committee Chair Senator Bill Cassidy, MD (R-LA), opened the proceedings by voicing concerns about fraud in child care programs, pointing to Minnesota as a “wake-up call,” and recommending safeguards against the misuse of public funds. Senator John Hickenlooper (D-CO) co-chaired the hearing for the Minority. In his opening remarks, he emphasized the chronically low pay of child care workers and cautioned against indiscriminately punishing children and educators in efforts to combat fraud. During testimony, Henry Wilde, Co-Founder and CEO of Acelero, Inc. in Madison, Wisconsin, underscored research on the importance and effectiveness of early childhood education. He argued that “the existence of bad actors” should not jeopardize overall funding, noting that fraud and abuse remain rare. Drawing from Wisconsin’s experience, he outlined a fraudulent scheme used by some providers and proposed three remedies: better coordination between child care licensing and subsidy systems, leveraging existing data to identify fraud patterns, and tying payments to objective quality measures. While committee members acknowledged the need for accountability, Senator Patty Murray (D-WA) challenged the logic of statewide funding freezes in response to isolated fraud cases. Senator Tim Kaine (D-VA) shifted the conversation’s focus from fraud prevention back to the fundamental challenge of providing accessible child care for working families. Across all witnesses and Members, there was unanimity about the value of childcare and the need to protect the system from fraud.
Access written testimony and a video of the proceedings here.
Bipartisan Group Reintroduces Foster Care Legislation
Representative Don Bacon (R-NE) and Senators Deb Fischer (R-NE) and John Hickenlooper (D-CO) reintroduced their bicameral, bipartisan bill, the Foster Care Stabilization Act (HR 7419/S. 3802). The bill intends to ensure children awaiting foster care placement have improved access to critical necessities. The bill would provide $3 million for demonstration grants to nonprofits to support staffing, supply foster youth with essential items such as clothing and food, fund abuse prevention, and response services, and deliver other emergency assistance aimed at improving safety and stability for foster youth.
Read the Foster Care Stabilization Act here.
COPAA Releases Report on Private School Choice Programs
As a thought leader committed to ensuring that students with disabilities and their families have all the information they need to make an informed choice, on Monday, COPAA released “Private School Choice Programs: Is There a Seat for Students with Disabilities?” Upon its release, Denise Marshall, COPAA CEO, commented, “The findings in 2025 remain as alarming as those we reported in prior years, most notably that private school choice programs can erode the legal protections of students with disabilities and their families. While we understand that some families want and benefit from choice programs…if we want choice to be a central part of education, it needs to work for everyone. We hope every policymaker will use our findings and recommendations to make informed decisions about expanding private school choice programs in the coming months.” The report specifically examines the implications of the rapid expansion of the private school choice movement for students with disabilities, provides updated analysis, offers key findings, and makes recommendations to policymakers and parents. Read more about COPAA’s work on private school choice and view a webinar conducted on January 27. The Senate is also conducting a hearing focused on educational choice on Wednesday, January 28 at 10:00 am ET.
Labor-H Spending Bill Primed for Final Passage, IDEA Receives $20 M Bump
As reported last week, the House and Senate appropriators reached an agreement on the final text and accompanying Joint Explanatory Statements (Statement) for the remaining spending bills for Fiscal Year (FY) 2026 which includes the Labor, Health and Human Services, Education, and Related Agencies (Labor-H) bill that funds all education programs as authorized under the Individuals with Disabilities Education Act (IDEA), the Elementary and Secondary Education Act (ESEA) and other education statutes. The Labor-H bill largely funds education, health, and early childhood programs at similar levels to FYs 2024 and 2025, to the relief of COPAA advocates and partners who were advised to brace for steep cuts to ESEA programs in particular, reflective of the Administration and House priorities. The moderate nature of the spending levels -which includes a $20 M bump to IDEA Part B- and near repudiation of the White House domestic spending recommendations reflects the need to secure bipartisan support to overcome a filibuster in the Senate. Included in the Labor-H bill is longstanding language prohibiting funding to be transferred [outside of the authorized agency] except where the transfer is authorized by an appropriations bill; and in the Education portion of the Statement there is negotiated text that expresses Congress’s concerns with Interagency Agreements that transfer key K-12 and higher education programs to agencies outside the U.S. Department of Education (ED). The Statement affirms that education funding is intended for ED and can only be transferred with the explicit permission of Congress. It goes further to request regular updates from ED about the administration of education programs. The House approved the spending package on Thursday by a 341-88 vote. Upon its House passage in conjunction with 3 additional spending bills, it was expected to sail through the Senate this week to avoid a government shutdown. However, events in Minnesota this past weekend have put the bill’s future on hold. At this writing, it is unclear what path the Senate will take as the January 30th funding deadline looms. Stride Policy has provided a comparative budget chart of education, disability, childcare, and other priorities.
ED Drops Legal Appeal of K-16 DEI Guidance
The Trump Administration has dropped its appeal of a federal court ruling that blocked the U.S. Department of Education’s (ED) anti–diversity, equity, and inclusion (DEI) campaign, leaving the lower court’s decision in effect. The dispute arose when ED issued a Dear Colleague Letter (DCL) in early 2025 that warned higher education institutions they could lose federal funding if they engaged in a broad range of practices labeled as DEI, including hosting events, choosing curriculum, considering race in admissions, hiring practices, issuing scholarships, or other activities. U.S. District Judge Stephanie Gallagher struck down both actions, ruling that the Administration’s guidance/DCL violated the First Amendment and federal procedural rules by “suppressing lawful and beneficial speech.”
For students with disabilities, the Office for Civil Rights is often the last line of defense (OPINION)
K-12 Dive
The path to dismantle the U.S. Department of Education will have a generational impact — eliminating the safeguards that have ensured all students have access to equitable, inclusive schools since the department’s founding in 1979. Specifically, the recent threats to consolidate the Education Department’s Office for Civil Rights within the U.S. Department of Justice are even more devastating for students at the intersection of race, poverty, and disability. This move severs the civil rights lifelines that protect students who are farthest from privilege and opportunity. OCR, an office within the Education Department, was established to enforce federal civil rights laws in schools. Notably, OCR provides students with access to individual discrimination investigations and upholds their civil rights in schools when wrongdoing has occurred, such as in instances where they are excluded due to a disability or when required accommodations are not provided. And OCR investigations don’t just demand justice for individual students — they can also direct systemic changes in school policy and practice to ensure further injustice doesn’t happen again to any other student in that community.
A missed opportunity in SEL: Centering students with disabilities
Education Week
Explicitly teaching students social-emotional skills, like social awareness and goal-setting, can lead to stronger relationships, academic gains, and a greater sense of well-being, research shows. Experts say that may be especially true for students with disabilities—but they’re not always considered when schools are designing or implementing SEL curricula. That’s a missed opportunity, given that most students with learning differences spend the majority of their time in general education classrooms. It’s also a critical disconnect because SEL instruction often targets skills that these learners might especially need help with, like self-regulation, remaining resilient in the face of mistakes, and advocating for themselves.
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Deal Reached Between House-Senate on Education Funding, COPAA CEO Responds
Early this morning, House and Senate appropriators announced that a final deal has been reached on education, health, and other domestic spending. The negotiated Fiscal Year 2026 Labor, Health and Human Services, Education and Related Services (Labor-H) bill includes [mostly] level funding for all K-12 education programs, including Title I and other titles of the Elementary and Secondary Education Act (ESEA), as well as all of the Individuals with Disabilities Education Act (IDEA). While level funding means that no additional funding would flow to states and districts in the coming year for general or special education, the final deal is viewed overall as positive, given the steep cuts originally proposed to education by the House. The bill also avoids any block-granting of funds under ESEA or IDEA funds, as proposed by the White House, which COPAA and partners opposed. The bill also allocates specific funding for research as required by IDEA -at the Institute for Education Sciences- and explanatory language clarifies that Congress has not given authority to transfer any education funding to another Federal agency, and that no authorities exist for the Department of Education to transfer its fundamental responsibilities under authorized education laws. In response to the bill’s release, COPAA CEO Denise Marshall issued the following statement:
“COPAA is pleased that Congress has included key funding for programs authorized under the Individuals with Disabilities Education Act (IDEA), the Elementary and Secondary Education Act (ESEA), and other education laws. We have advocated that these funds -and having the U.S. Department of Education (ED) continue to oversee and implement their use- are essential for early intervention, preschool, and K-12 education for all children with disabilities. We appreciate that Congress has clarified that ED must not transfer any education funding to another Federal agency unless such transfer authority is provided in an appropriations law, and that no authorities exist for ED to transfer its fundamental responsibilities under authorized federal education laws. It is clear that Congress has not approved abolishing the Department of Education and is vigilant in ensuring that interagency agreements are not used to accomplish the same goal.
Given grave concerns, COPAA has outlined this past year regarding proposals and Interagency Agreements to transfer education programs -including IDEA- to other federal agencies, that we do not think such arrangements are lawful or in the best interest of students with disabilities. Our children should not be used as test subjects under any circumstances. Congressional oversight is critical, and C OPAA will continue to advocate to protect the civil rights and educational opportunities of 9.5 million children with disabilities as well as push for Congressional hearings on any proposals that wreak havoc on our children, their families, and their schools.”
Learn more about COPAA’s work to protect children with disabilities.
Ed Department Pushing Ahead With Plan to Offload Special Education
Disability Scoop
With a pair of new hires and recent comments, advocates say the Trump administration appears to be actively laying the groundwork to transfer special education out of the U.S. Department of Education. Secretary of Education Linda McMahon told a group of disability advocates she met with last month that she’s committed to proceeding with plans to move special education oversight to another federal agency.
Now, however, there are signs that a move could be taking shape, advocates say. Earlier this week, the Administration for Community Living at HHS announced that it has hired Diana Díaz-Harrison, who had been serving as deputy assistant secretary of the Education Department’s Office of Special Education and Rehabilitative Services, or OSERS, as well as Rebecca Hines, who had been an associate professor of special education at the University of Central Florida. Rebecca Hines’ sister, Cheryl Hines, is married to HHS Secretary Robert F. Kennedy Jr. “Those moves seemed to indicate that programs for students with disabilities will move to HHS,” said Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, or COPAA, a nonprofit that advocates for the rights of students with disabilities and their families.