Federal Legislation & News
in Special Education
Secretary McMahon to Testify on Department of Education Budget in the House
On Thursday, at 10:15 a.m. ET, the Committee on Education and Workforce, chaired by Rep. Tim Walberg (R-MI), has announced it will hold a hearing titled “Examining the Policies and Priorities of the Department of Education.” Secretary of Education Linda McMahon is scheduled to testify about the U.S. Department of Education Fiscal Year 2027 budget. COPAA has opposed the Department’s proposal to eliminate Part B 619 funding for preschool and all Part D National Activities along with other cuts (e.g., to the Office for Civil Rights and special education research). COPAA urges its members to email Congress urging them to reject the cuts and support children with disabilities as they negotiate the education appropriations bills.
COPAA Releases New Fact Sheet on the Least Restrictive Environment (LRE)
COPAA has released a new LRE Fact Sheet to protect and advance the civil rights of students with disabilities at a moment when those rights are increasingly under threat. The right to learn alongside nondisabled peers to the maximum extent appropriate is a cornerstone of IDEA—and a core civil rights protection Congress intended when it declared that “special education can become a service… rather than a place where such children are sent.”
As efforts to oppose Diversity, Equity, and Inclusion initiatives grow, so do attempts to weaken the LRE mandate, promote segregation, and erode inclusion under the guise of “choice” or “safety.” These efforts are designed to limit civil rights protections and undermine the promise of IDEA. Advocates for education equity must continue to learn, advocate , and connect to defend LRE and ensure students with disabilities receive the inclusive, ambitious education they deserve.
What You Can Do:
- Protect Congress’s Intent — Uphold IDEA’s requirement that students be educated in the general education classroom to the maximum extent possible.
- Oppose Efforts to Weaken LRE — Challenge proposals that redefine LRE, promote segregation, or weaponize anti‑DEI rhetoric to erode civil rights.
- Advance Full Federal Funding — Demand that the federal government meet its long‑promised 40% funding commitment to prevent inequitable and unnecessarily restrictive placements.
- Train Advocates, Attorneys, and Parents — Build the skills needed to identify unlawful practices, negotiate appropriate supports, ensure inclusive IEPs, and hold districts accountable.
The LRE mandate is a civil rights mandate. Protecting it protects students. Strengthening it advances equity.
Take Action: Tell Your Governor to Oppose the Federal Tax Credit Voucher Program
Governors in several states have not yet decided whether to participate in the new Federal Tax Credit Voucher Program under HR1 — and your voice is urgently needed .
This program will discriminate against students with disabilities, weaken civil rights protections, and divert public funds away from public schools. Private schools and private tutors receiving voucher dollars are not required to follow IDEA, Section 504, or provide a Free Appropriate Public Education. Families may unknowingly give up their child’s rights, while public schools lose critical funding.
COPAA is urging members to take action now
Your message will be sent directly to your governor.
If you live in a state that has not opted into the Federal Tax Credit Voucher Program, tell your governor to oppose it immediately.
States whose governors have not yet accepted the program (as of early 2026):
Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin
Take action now: Urge Your Governor to Oppose the Federal Tax Credit Voucher Program
Why this matters
- Students with disabilities will lose protections. Private schools receiving voucher dollars are not required to follow IDEA or Section 504.
- Public schools will lose funding. Tax-credit vouchers divert public dollars away from the schools that serve the majority of students, including those with the greatest needs.
- Civil rights enforcement is weakened. There is no mechanism to ensure nondiscrimination, accountability, or transparency.
Your advocacy ensures governors understand the real impact this program will have on students with disabilities and public schools. Click here to sign onto the letter to your Governor.
HISD under federal investigation over plans to restructure special education services
Texas Standard
The U.S. Department of Education’s Office for Civil Rights has opened an investigation into Houston ISD to determine whether the district is violating the rights of students with disabilities after it unveiled plans to restructure the way special education services are delivered.
This week, after Houston Public Media reported on leaked draft documents outlining their plan, district leaders confirmed they planned to consolidate special education services to certain campuses beginning in 2026-27. The move would require some students to be transferred from their neighborhood school to another school in the district that would be tapped as a hub to provide a variety of special education services.
“Public schools are required – to the maximum extent appropriate — to ensure that children with disabilities are educated alongside their nondisabled peers and to follow specific procedures when making placement decisions about how and where children with disabilities are educated,” the education department stated in a Friday news release announcing the investigation.
Houston ISD, the largest school district in Texas that has been under state control since 2023, defended its forthcoming changes in a Friday night statement while noting that 15,000 of its more than 21,000 students in special education “are served in inclusive settings.” The district also said that for the roughly 5,000 students “primarily served in self-contained settings, families can expect small class sizes, low adult-to-student ratios to support specialized instruction, and placement with similar-age peers.” HISD added that special education services will be available at more than half of its campuses.
Wealthy students more likely to get disability accommodations, study finds
The 74
While intended as a universal benefit, educational support for disabled children is significantly segregated by class, according to a paper released in January. The decade-spanning analysis of state and federal data found that wealthy families were twice as likely as poorer ones to be granted accommodations under the federal law Section 504. A similar split was present in the vast architecture of special education offered through Individualized Education Programs — though in that case, the dynamic was reversed, with IEP recipients much more likely to come from low-income families than well-off ones.
Secretary McMahon Presents Fiscal Year 2027 Education Budget in Senate
Marking her first appearance before Congress since last June, Secretary of Education Linda McMahon presented the Administration’s priorities in the Fiscal Year (FY) 2027 education budget before the Senate Labor, Health and Human Services, Education and Related Agencies Appropriations Subcommittee (Labor-H). The themes from the Secretary included a desire to shift authority for education to states out of the “antiquated and outdated bureaucracy” of the Department of Education, to cut K-16 education programs by $6 billion, and launch a $2 billion Make Education Great Again block grant program to States, and continue to utilize Interagency Agreements (IAA) to move programs and staff to other federal agencies. In the back-and-forth about the latter, she countered questions from Democrats about reports that the Department of Labor is ill-equipped to oversee and manage the massive K-12 portfolio set to move there, with continual affirmations that things were going very smoothly, with just a few bumps. Both Republicans and Democrats spoke in opposition to the Department’s proposal to eliminate the TRIO program, a $1.2 billion collection of eight grant programs that support low-income middle and high schoolers in accessing affordable higher education. Regarding K-12 education more specifically, Democrats spoke to the chaos the Secretary’s actions have caused through “illegal” use of IAAs to move education programs to the Department of Labor and asked directly about the pending plan to move special education to another agency, whereby the Secretary noted that they were still “considering their options.” The Senate will now begin the process of negotiating the top-line spending level that will determine available funds for Labor-H and other individual bills. Given the strains on federal funds, Labor-H staff have alerted advocates to the challenge and long road ahead to funding the largest domestic spending bill in our nation’s budget. In light of this reality, please join COPAA and urge Congress to protect and fund all general and special education programs in the FY 27 appropriations Labor-H bill.
Millions of Research Dollars Due to Lapse, Special Education Most Affected
Knowledge Alliance (KA) warns that an estimated $289 million (36%) of Fiscal Year (FY) 2025 funding for the Institute of Education Sciences (IES) is at risk of expiring by September 30, 2026. According to a KA memo analyzing federal education research spending, federal budget data shows that the lapse could occur because the Office of Management and Budget (OMB) has not apportioned funds to IES programs, and the most recent IES education spend plan does not indicate an intent to obligate these funds for federally authorized education research. The analysis also finds that OMB’s delays in allocating funds have left key investments in research, data collection, and technical assistance uncommitted. Specifically, the memo notes, programs supporting special education research via the National Center for Special Education Research are among the most affected, raising concerns about gaps in evidence on how to better serve students with disabilities. It cautions that “without timely competitions and new awards, the pipeline of evidence dries up,” potentially limiting innovation and weakening support for students who rely on targeted interventions and services.
Linda McMahon defends cuts, changes to Education Department
NPR
The Trump administration’s budget proposal includes $16 billion for the Individuals with Disabilities Education Act (IDEA), a federal law that guarantees students with disabilities a “free appropriate public education.” That’s one area where the department is proposing to boost spending by $539 million over last year.” We’ve been clear. Shifting authority back to the states will not come at the expense of essential federal programs,” said McMahon of the requested increase. Yet McMahon has also pledged to shift supervision and enforcement of IDEA to other agencies as a part of its effort to dismantle the Education Department, a move many special education advocates oppose. When asked about those efforts, McMahon said that while her team is still making a final decision, the departments of Labor and Health and Human Services are two potential homes for special education. To that, Murray said she has heard from parents and advocates who are “spitting mad, because they want to ensure their child with a disability has an education.” “Moving [special education] out of the department is not only undermining that,” Murray said, “but it’s a direct message to them that their health is more important than their education.”
Report: Education Department’s Office for Civil Rights is flunking
Mother Jones
Last Tuesday, Sen. Bernie Sanders (I-VT.) released a report showing just how intensely the Education Department’s Office for Civil Rights has failed students. The report found that there were zero resolution agreements in 2025 “involving sexual harassment, sexual violence, seclusion or restraint, racial harassment, or discriminatory school discipline.” Overall, just one percent of complaints submitted to the Ed Department’s OCR received a resolution agreement. Sanders noted that OCR has been “decimated”—nearly half of OCR employees received a reduction-in-force notice in March 2025. The report highlighted the fact that 2025 saw the fewest resolution agreements in 12 years. “When a child with a disability is denied the education they are entitled to, when a student faces racial or sexual harassment — they turn to the Office for Civil Rights for help,” Sanders said in a press release. “Yet the Trump administration has decimated this office. As a result, tens of thousands of students facing discrimination have been left with no recourse. That is beyond unacceptable.”
Feds proceed with $5.6M special education spending study
K-12 Dive
A long-anticipated national study of special education spending by the U.S. Department of Education is taking its first step by asking for clearance from the White House’s Office of Management and Budget to begin its work, according to a notice planned for publication in the Federal Register on Monday. The $5.6 million National Study of Special Education Spending, first announced three years ago by the Education Department under the Biden administration, seeks to give policymakers and special education administrators an updated picture of what influences special education spending under the Individuals with Disabilities Education Act. Research questions will include:
- How much is spent to educate students with disabilities? How does that compare to spending on their peers without disabilities?
- To what extent do spending amounts reflect students’ needs compared to where they live or go to school?
- What does special education spending pay for, and what role does IDEA play?
- To what extent is the federal contribution to special education funding meeting its target?
The first report from the study is not expected until 2028
FDA may finally make it illegal to shock Autistic kids as punishment
Mother Jones
In March 2024, the Food and Drug Administration under President Joe Biden introduced a new rule that would have banned, after decades, the use of electric shocks on disabled children as a form of punishment. A ban on forcibly shocking kids—which the American Academy of Pediatrics says causes “long-lasting adverse physical and psychological impacts,” was set to come into force last year—but the Trump FDA kicked the can down the road, giving itself more time to decide whether its new leadership was on board. Now, two years later, the FDA’s website claims that a decision will be made in the coming days on whether or not to follow through. Massachusetts’ Judge Rotenberg Educational Center (JRC), the focus of a 2007 Mother Jones investigation, remains the only known US institution to use electric shock devices to control—and punish—disabled youths in its care, many of whom are autistic or have mental illnesses, like schizophrenia.
Why emotional disturbance is a double-edged sword for students
NPR
Before Walter even reached kindergarten, his teachers were kicking him out of class. “ I kind of noticed that he was like really aggressive,” his mom, Crystal Deramus, remembered. “Like, instead of him expressing himself, he throws things, he throws tantrums, he bites, he scratches … and the school started noticing too, and it just got worse.” At home in Minneapolis, life was turbulent. Walter’s father beat his mother and was in and out of jail before Walter even started school. Then, when Walter was just 5, Deramus was in a car wreck that left her in a wheelchair with paraplegia. She said that by kindergarten, Walter had gotten even wilder; he would run away from school whenever he got the chance. So she was relieved when his therapeutic day care recommended that he go to a high-security public school that locked its doors. Walter was sent to River Bend Education Center, a public school for students labeled EBD, which stands for emotional or behavioral disorders.
For kids with disabilities, early intervention boosts academics later
Disability Scoop
Accessing early intervention services like speech, occupational, physical or behavioral therapy in the first years of life can lead to more than developmental gains, new research suggests. Children who receive early intervention by age 3 score better in English language arts and are more likely to meet academic standards in math and English in third grade, according to a first-of-its-kind study published in the journal JAMA Network Open. For the study, researchers looked at public health and education records for more than 214,000 kids born in New York City between 1994 and 1998. They compared standardized test scores from third grade for the roughly 13,000 children who received early intervention to the others who did not. Accessing early intervention services like speech, occupational, physical or behavioral therapy in the first years of life can lead to more than developmental gains, new research suggests.
Among children who had special education services at school, those who received early intervention as youngsters were 28% more likely to meet grade level standards in third grade for English language arts and 17% more likely to meet that benchmark in math.
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Study: Catholic schools vary widely on inclusion of students with disabilities
The Pillar
A new survey from the National Catholic Partnership on Disability found that Catholic school systems in the U.S. vary widely in their practices of including students with disabilities.
Many Catholic school leaders voiced a desire for their diocesan schools to be inclusive, the NCPD said, but oftentimes a lack of funding, resources, and training has made it difficult to implement this desire effectively. The report, shared with The Pillar this week, included recommendations for dioceses and schools seeking to more effectively serve students with special needs. The recommendations include clear guidance and policies from diocesan offices, increased opportunities for teacher training, and implementation of Multi-Tiered Systems of Support (MTSS), a proactive framework for classroom education and support.
The NCPD released results of recent surveys, conducted in 2024-2025, asking Catholic school principals and superintendents about their practices regarding students with special needs. About 55% of the superintendents who participated in the survey said their diocese has an expectation, in policy or mission statement, that schools are inclusive of students with any disability.
Federal funds for schools will still flow through Ed. Dept. system—For now
Education Week
Despite ongoing efforts to transition federal education programs to other agencies, billions of federal dollars for K-12 schools will continue to flow through the U.S. Department of Education’s grant portal this summer, the nation’s top K-12 official told states last week. Programs like Title I aid for disadvantaged students and the Individuals with Disabilities Education Act for special education allocate funds for school districts, but by law the money flows first to states in two batches: one on July 1 and another three months later.
Kirsten Baesler, the assistant secretary of elementary and secondary education, told state education chiefs on April 17 that the department is responding to “concerns regarding the July 1 formula grant timeline” for this year by sending those funds through the traditional channel, rather than moving the funds through the U.S. Department of Labor, where most federal K-12 programs are shifting.
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