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.
Administration Rescinds Access to Education Services for Undocumented Children
In a sharp departure from previous federal guidelines, the Administration has announced its intention to roll back eligibility for domestic assistance programs for children and families who are undocumented. Specific to education and citing Executive Order...
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