Federal Legislation & News
in Special Education
Comment by Oct. 6: Tell HHS to Withdraw Head Start Changes that Harm Access to Preschool for Children with Disabilities
The Department of Health and Human Services (HHS) has proposed significant changes to the Head Start Performance Standards (Head Start) that COPAA opposes. If HHS proceeds as planned, the new regulations will completely eliminate current Head Start Performance Standards that specifically protect and support a child’s access to all requirements under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act and other federal laws in Head Start programs. It is COPAA’s belief that this drastic shift in early childhood education policy will create barriers to high quality, inclusive preschool options for children with disabilities and weaken the shared public infrastructure through which Head Start programs, school districts, Part C agencies, and families identify children with disabilities, develop inclusive placements, coordinate services, and support successful transitions into kindergarten.
COPAA encourages any member who has benefited from or knows the benefits of Head Start programs for children with disabilities to SUBMIT COMMENTS by October 6, 2026. Here’s how:
- Submit your written comment here.
- Start your comments by introducing yourself.
- Share in your own words why the Head Start Performance Standards must be maintained.
- Share why the current Head Start requirements support your child/client. Please ask HHS to withdraw the current proposal.
- Discuss the impacts of one or more of the changes. You can also read COPAA’s comments here.
- §1302-Subpart F: HHS removes all of the specific provisions, including key duties for programs, regarding children already identified with disabilities and those who may be suspected of having a disability. HHS also removes the existing protection that no child may be turned away because a program believes it cannot serve a child with a disability or chronic health condition. While HHS notes that “federal and state laws and regulations [still] apply,” the Head Start Performance Standards include specific duties essential to Head Start settings.
- §1302.33: HHS removes timely screening, assessment, and referral to IDEA agencies. While current laws still apply, the changes remove Head Start’s specific requirement that screening happens within 45 days.
- §1302.17(b)(2): HHS eliminates all provisions that protect children from suspension and expulsion by removing the requirements that place strong limits on suspension, including the required set of steps that Head Start programs must follow before excluding a child, including mental health consultation, and would also prohibit expulsion except in the “rare case it must actively help transition the child to somewhere appropriate, not just remove them.”
- §1301.4/§1302.62: HHS removes requirements that help parents engage in and understand their child’s preschool education. HHS makes parent committees optional rather than mandatory and strips the Policy Council of its dispute resolution process. Specifically, the elimination of §1302.62 means parents are now without the affirmative federal requirements for Head Start to provide targeted, disability-specific services to parents and their children. Eliminations include the mandate to help families understand a child’s diagnosis, build self-advocacy skills, secure assistive technology and/or adaptive equipment, navigate insurance and service networks, understand IDEA timelines, participate in IFSP/IEP process, interpret evaluation results, and exercise their right to include Head Start staff in special education meetings.
- §1303.75: HHS eliminates requirements for accessible and inclusive transportation, including for Head Start programs, to maintain adapted vehicles for children with disabilities, transport disabled children in integrated settings with their peers, and adhere explicitly to IEP/IFSP transportation mandates.
What civil rights enforcement cuts mean for students with disabilities – fewer staff, closed offices, longer waits
The Conversation
Felicita Piñón weighed just 1 pound at birth. She was later diagnosed with cerebral palsy that requires her to use a power wheelchair, and she also has learning and emotional challenges. Yet despite these obstacles, Felicita, now an eighth-grade student, is just like any other happy, active teenager who hasn’t let her disability limit her. She also did something remarkable that’s not typical of most teens – in 2025, she testified against a school voucher bill at the Texas Capitol. But in 2024, when Felicita wanted to join a cheerleading team at her Crowley, Texas, middle school, her mother, Liz Piñón, said the school was not willing to make accommodations for her, as she felt federal disability laws required. She believed the school was discriminating against her daughter on the basis of her disability, as well as her race. She also noted that she knew of other nearby schools that had girls in wheelchairs who participated on cheerleading teams. As a result, Piñón – like thousands of others that year – filed a complaint with the federal Education Department’s Office for Civil Rights…
Deadline Nears for Education Department to Spend Special Ed Research Funds
Disability Scoop
For months, there have been concerns that the U.S. Department of Education could allow millions in special education research dollars to lapse. Now, a federal judge is stepping in. U.S. District Judge Allison D. Burroughs is ordering the Education Department to update her by Monday about the status of the government’s education research funds. As of last week, about $180 million in funding for the Education Department’s Institute of Education Sciences, or IES, which handles statistics, research and evaluation, remained unallocated and is set to expire at the end of September, Burroughs said. It’s unclear how much of that is intended for special education. The situation comes after a report this spring warned that just $11 million out of $77 million in the government’s budget for special education research and evaluation program had been spoken for. Subsequently, the National Center for Learning Disabilities, the Massachusetts Teachers Association and other stakeholders sued to prevent the funds from lapsing…
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COPAA urges the D.C. Circuit to affirm the decision of the federal court in the class action lawsuit in D.C.
COPAA filed an amicus brief in the D.C. Circuit in In Re: District of Columbia. The brief urges the court to affirm the decision of the United States District Court. The amicus brief is here. COPAA Amicus Committee Co-chairs Ellen M. Saideman and COPAA Legal Director Selene
Almazan wrote the brief.
This brief was written in support of the class members in D.C. The District’s widespread failure to provide safe and reliable transportation to school has dire consequences. To start, it means that students with disabilities in the District cannot access FAPE when they cannot get to school. But that is just the beginning. Failing to comply with the IDEA, ADA, and Section 504’s
requirements can change the life trajectory of the most at-risk students. That includes diverting children from potential success to a cycle of poverty and recidivism. As the district court properly found, the District’s transportation failures are not merely individual, but are class wide. The district court did not abuse its discretion when it certified the class. The District of
Columbia appealed that decision to the D.C. Circuit appellate court.
COPAA was joined by The Judge David L. Bazelon Center for Mental Health Law (Bazelon Center), The National Center for Youth Law (NCYL) and The National Disability Rights Network (NDRN) as fellow amici.
COPAA urges the Ninth Circuit to Reverse the decision of the federal courtand affirm students are entitled to an IEP
COPAA filed an amicus brief in the 9 th Circuit in E.T. v. San Diego Unified School Dist. The brief urges the court to reverse the decision of the United States District Court in a case involving the issue of a Settlement Agreement and whether parents have a right to seek a new IEP and school placement for student., E.T. The amicus brief is here.
COPAA asserts that IDEA’s procedural safeguards are not technicalities. The Supreme Court has placed “every bit as much emphasis” on compliance with them as on the substantive adequacy of the IEP itself. Bd. of Educ. v. Rowley, 458 U.S. 176, 205
(1982).
COPAA Amicus Committee Co-chairs Ellen M. Saideman and Alexis Casillas and COPAA Legal Director Selene Almazan wrote the brief. COPAA member, Megan Nunez represents the family.
The decision below cannot be reconciled with reconciled with the 9 th Circuit’s Court’s decision in L.B. ex rel. Morrisey v. San Diego Unified School District, 168 F.4th 1150 (9th Cir. 2026)—a case arising from the same District and decided after the ruling
below. L.B. holds that parents’ participation in IEP meetings creates a “continuous obligation” on the district to offer a FAPE, and it squarely rejects the distinction the district court drew between an IEP “meeting” and an IEP “document.” Each time E.T.’s parents came to the table, San Diego had an independent statutory duty to review E.T.’s then-current needs and to revise and offer an IEP reasonably calculated to meet them. 20 U.S.C. § 1414(d)(4)(A). The requirement that school districts develop, and review IDEA eligible students’ IEPs extends even to situations where there are unresolved disagreements regarding the program offerings. The Settlement Agreement did not extinguish that duty.
COPAA urges the Ninth Circuit to affirm the decision of the federal court
COPAA filed an amicus brief in the 9th Circuit in SPB. v. Washoe County School District
The brief urges the court to affirm the decision of the United States District Court. The amicus brief is here.
COPAA Amicus Committee Co-chairs Ellen M. Saideman and COPAA Legal Director Selene Almazan wrote the brief. COPAA member, Alexis Casillas, represents the family. IDEA’s central purpose is to ensure that all students with disabilities who need special education to benefit from education receive it. Critically, IDEA imposes a “Child Find” which is devoted to the requirements for state eligibility for funds under IDEA. Congress explicitly placed the “Child Find” duty as a condition of receiving IDEA funds, providing that the obligations extend to all children with disabilities who need special education. IDEA requires that a State (and its school districts) that accepts federal IDEA funds provide each child with a disability with a free appropriate public education tailored to accommodate the child’s disabilities and to achieve educational benefit. The federal court correctly determined that Washoe County violated the child find mandate and was responsible for the tuition reimbursement for SJB’s education. COPAA further argued that the Nevada statute, which places the burden of proof on the school district, in this case, Washoe County, was constitutional. To receive federal special education funding, states must develop special education statutes and regulations that are consistent with IDEA and the federal special education regulations. State statutes and regulations may provide more rights than federal law, but may not take away rights provided by federal law.
Senator Hirono Hosts Forum to Highlight Harms of the Federal Education Tax Credit
On Tuesday afternoon, Senator Mazie Hirono (D-HI) hosted a K-12 Education Spotlight Forum titled, Raising the Alarm: How the National School Voucher Program Will Be Harmful to Students. Panelists discussed the pending impacts of the federal education tax credit which becomes available in January 2027 in states opting into the program. Senator Hirono also discussed her bill, Keep Public Funds in Public Schools Act (S. 4297/HR 9289) which would rescind the new tax policy. The bill was introduced earlier this year in the Senate with Sen. Mark Kelly (D-AZ) and in the House by Reps. Gwen Moore (D-WI) and Bonamici (D-OR).
Senator Murphy Reintroduces Bill to Protect Students from Physical Abuse, End Dangerous Corporal Punishment Practices in Schools
Senator Chris Murphy (D-CT) has reintroduced the Protecting Our Students in Schools Act, alongside Senators Dick Durbin (D-Ill.), Tim Kaine (D-Va.), and Alex Padilla (D-Calif.). The bill would ban corporal punishment for any school that receives federal funding, as well as establish a federal grant program to support states and school districts across the country to improve school safety.
“Families should be able to trust that when they send their kids to school, they will be in a safe learning environment free from physical abuse,” said Murphy. “The evidence is overwhelming: hitting kids does nothing to help kids. It’s past time to get this archaic, counterproductive practice out of our schools for good.” COPAA endorses the Protecting Our Students in Schools Act and views prohibition of corporal punishment in schools and providing resources to train educators in evidence-based practices as necessary to the safety of all students.
Coalition Issues Evidence-Based Practices Brief, Condemns ED Guidance on Discipline
The Federal School Discipline and Climate Coalition (FedSDC) released What Does and Doesn’t Work: Myths and Facts About School Discipline and Disproportionality to support schools in their efforts to use evidence-based practices. A press advisory issued alongside the brief condemned the Department of Education’s August 18 Dear Colleague Letter that encourages States and districts to replace proven effective practices with those that promote harsh and discriminatory punishment and exclusion. FedSDC co-founder Chris Scott noted, “The guidance advances a false narrative that distorts the purpose of civil-rights protections and misrepresents equity efforts as threats to safety, rather than essential tools for ensuring fair treatment for every student. This gross manipulation of policy will harm Black and Brown students, youth, and children.” COPAA is a member of FedSDC and collaborates on policy and advocacy focused on improving student safety, advancing civil rights protections, and ending discrimination of Black and Brown students in schools.
Senators Request Reinstatement of Vocational Education and Civil Rights Guidelines
In a letter dated Thursday, September 3rd, senators asked the Secretary of Education to reinstate guidelines the Department rescinded by final rule on July 23rd. The 1979 Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Vocational Education Programs were issued under court order after the Department of Health, Education and Welfare was sued in 1973 for failing to enforce Title VI and applied to recipients of federal financial assistance offering career and technical education. The letter requests written answers by Monday, October 5.
Fourteen State Attorneys General Issue Antidiscrimination Guidance
The attorneys general of Massachusetts, Maryland, New York, California, Delaware, Hawaiʻi, Illinois, Michigan, Minnesota, Nevada, New Mexico, Oregon, Vermont, and Washington have issued multistate guidance on protecting against discrimination by upholding state and federal civil rights laws. More than a traditional guidance brief, the document also warns that longstanding civil rights protections face growing challenges. In education, attorneys general recommend reviewing demographic data for disparities in funding, resources, and teacher quality; using objective school discipline standards; adopting evidence-based alternatives to exclusionary discipline; employing de-escalation, conflict resolution, and positive behavioral supports; and ensuring equitable access to advanced coursework and high-quality schools.
Why Access to Special Education Depends Too Much on Parents
The 74 (OPINION)
As a parent of children with learning disabilities, a researcher studying family-school partnerships, and a board member of the National Center for Learning Disabilities, I’ve spent a lot of time listening to families describe their experiences navigating special education. The details vary, but one theme emerges repeatedly: Obtaining support often depends less on a child’s needs than on a parent’s ability to understand and navigate complex education laws and systems, ask the right questions, and persist when answers are unclear. Last winter, NCLD convened a focus group of Family Leadership Council members representing families across the country. Despite differences in geography and school systems, parents described remarkably similar experiences, including opaque processes, inconsistent communication, and a system that left them feeling responsible for navigating special education on behalf of their children. One participant described it as “playing a game I didn’t have the rules to.”
Parents of students with disabilities find private school vouchers come with a catch
The Hechinger Report
The meeting with staff members of Cincinnati Christian Schools began with a prayer. Then they told Mike Grimmer and Linda Kelly that their granddaughter could no longer attend the private school. Annabelle Kelly had enrolled there three months earlier, in August 2025, in a program specifically for students who struggle in mainstream classrooms. Annabelle, 15, has Rett syndrome, a genetic condition accompanied by significant cognitive and developmental delays. Her grandparents, who took legal custody of Annabelle when she was 5, believed that the small, faith-based setting of CCS would be a better fit than the local public school. She received a voucher from the state through a school choice program specifically for students with disabilities, which authorized paying CCS up to $29,750 for Annabelle to attend tuition-free. But at the meeting in November, Kelly said, the school’s director of academic support services told her and Grimmer that Annabelle’s physical and educational needs were too extensive for her to continue at CCS. If they wanted her to stay, Annabelle would need an aide to work with her one-on-one, and her grandparents would need to pay the additional cost, roughly $25,000 per year. Disability advocates warn that as private school voucher programs spread, more parents will find themselves in similar straits. Federal protections for students with disabilities don’t apply to private schools, and neither the schools nor voucher programs like the one Annabelle qualified for are required to inform parents that they waive certain rights when they leave the public school system…
“If there are public funds being spent, public protections need to be afforded,” said Chris Roe, director of state policy at the Council of Parent Attorneys and Advocates, a policy advocacy organization that provides training and guidance in special education law. “At the very least, states that provide voucher programs should be required to inform parents of the rights they are giving up.”
National Coalition Condemns Education Department Guidance on Student Discipline in K-12 Schools, Issues Brief to Help Schools Use Evidence-Based Practices
The Federal School Discipline and Climate Coalition (FedSDC) issued a press advisory condemning the Department of Education’s August 18 Dear Colleague Letter (DCL) that encourages States and school districts to replace proven effective practices with those that promote harsh and discriminatory punishment and exclusion. “This guidance advances a false narrative that distorts the purpose of civil-rights protections and misrepresents equity efforts as threats to safety, rather than essential tools for ensuring fair treatment for every student. This gross manipulation of policy will further harm Black and Brown students, youth, and children,” said Christopher Scott, Co-Founder and Convener of FedSDC. Along with the press advisory, FedSDC also released What Does and Doesn’t Work: Myths and Facts About School Discipline and Disproportionality to support schools in their efforts to use evidence-based practices to support students, including students with disabilities.
Head of special education at U.S. Education Dept. quits
NPR
Kelly Rogers told employees Wednesday that she is resigning from her post overseeing special education at the U.S. Education Department as the agency is in the midst of upheaval and downsizing. Rogers, who has been overseeing the Office of Special Education and Rehabilitative Services (OSERS) since May, announced her departure less than a day before much of her staff were scheduled to move to the Department of Health and Human Services building in Washington D.C., according to internal emails reviewed by NPR. She was supposed to continue overseeing those staff from her perch at the Education Department. Now, it is unclear who will serve in the role after she leaves on Sept. 11…
Update: On Friday, two days after announcing her resignation, Kelly Rogers told staff that Kirsten Baesler, the Education Department’s assistant secretary for elementary and secondary education, will take over for Rogers starting Sept. 14, according to internal emails reviewed by NPR.