In a memo to Federal Agency heads last week, the White House instructed agencies to undertake a 60-day review process to “identify unlawful and potentially unlawful regulations” and take immediate steps to eliminate and/or finalize rules “without notice and comment”, and where doing so is “consistent with the good cause exception in the Administrative Procedure Act that clearly exceeds the agency’s statutory authority or is otherwise unlawful.” The memo advises agencies to give priority to regulations in conflict with key U.S. Supreme Court decisions that support agencies in undertaking such efforts. The list includes the Court’s recent Loper Bright ruling, which overruled the Chevron framework. While most of the implementing regulations for Part B of the Individuals with Disabilities Education Act (IDEA) are permanently codified in federal statute, COPAA is closely monitoring the impact of the new directive on IDEA and related laws.
COPAA joins Public Funds Public Schools and Urges Montana Court to Strike Down Harmful Voucher Law
Montana Quality Education Coalition et al. (MQEC) v. State of Montana et al. is a case challenging Montana’s voucher program for students with disabilities. In 2023, the Montana Legislature established a statewide Education Savings Account (ESA) voucher program...
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