Federal Legislation & News
in Special Education
COPAA State Monitoring Report Finds States Lack Capacity to Police IDEA Compliance
On Tuesday, July 7, COPAA released States Are Failing to Meet Their Obligations to Students Under IDEA: An Analysis of State Monitoring Reports by the U.S. Department of Education, which examines recent State monitoring reports released by the U.S. Department of Education (Department). COPAA undertook the report to better understand the impact of the Department’s actions on legally required functions, including its duty to ensure that States lawfully monitor and oversee programs and the use of Federal funds provided under the Individuals with Disabilities Education Act (IDEA) in school districts. “A core obligation of the Department is providing strict oversight of IDEA implementation to ensure states are held accountable for delivering special education,” noted Chris Roe, COPAA State Policy Director and report author. “Our rigorous review of State monitoring reports reveals systemic flaws. Quite simply, States do not have the infrastructure or capacity to effectively police themselves. The Administration’s current strategy of ‘returning authority to the states’ ignores this reality and abdicates the Federal responsibility to protect vulnerable students.” Among the key findings are that States continue to fail to demonstrate the will or capacity to monitor IDEA effectively; States show a pattern of noncompliance with IDEA that exposes how ineffective and weak States are in supervising school district compliance; States are not responsibly overseeing the billions of dollars appropriated annually by Congress to support students with disabilities; and, the Department reduced onsite monitoring to just two States per year in 2025 and 2026, a dramatic drop from approximately 10 States monitored each year in prior years. “A lack of state oversight invites schools to take shortcuts with the IDEA, placing an unfair burden on parents to police the very systems meant to support them,” said Denise Marshall, COPAA CEO. “The findings make it clear: the Department is failing in its core duty to oversee IDEA implementation in States. We call upon Congress to protect vulnerable students by defending the integrity of the IDEA, as well as students’ opportunities and rights.”
Senate Democrats Reject Interagency Agreements to Move IDEA and Civil Rights Functions to Other Agencies
Last week, Senators Patty Murray (D-WA), Vice Chair of the Senate Appropriations Committee; Tammy Baldwin (D-WI), Ranking Member of the Senate Appropriations Subcommittee on Labor, Health and Human Services, and Education Appropriations; and Bernie Sanders, Ranking Member on the Senate Health, Education, Labor and Pensions Committee, led the entire Senate Democratic Caucus in demanding Secretary of Education Linda McMahon “put students first, follow the law, and immediately reverse course on transferring special education programs and civil rights enforcement out of the Department of Education (ED).” Calling the four interagency agreements (IAAs) proposed by ED “outrageous,” the letter states that the IAAs do not follow Congressional intent in key statutes such as the Individuals with Disabilities Education Act (IDEA) and other laws that require the Secretary of Education to monitor and oversee the education and vocational rehabilitation services provided by States to millions of students with disabilities. COPAA and partners (which now includes over 735 local, state, and national organizations) have also responded to the announcement of IAAs that seek to transfer the Office of Special Education and Rehabilitative Services (OSERS) to the Department of Health and Human Services (HHS) and the Office for Civil Rights to the Department of Justice. YOU can SIGN a Petition by July 16 to oppose the transfer of IDEA programs to HHS and civil rights functions to DOJ.
GAO Report Highlights Wide Variability in Student Access to General Education
In a new report titled More Students with Disabilities Were Educated in General Education Settings, but State Trends Varied Widely, the Government Accountability Office (GAO) found that the number of students with disabilities placed in general education classrooms for much of their day increased 25% nationally from school years 2012-13 to 2023-24. But this varied across states and school districts. GAO also indicates that school officials commonly cited “resource availability, parental involvement in placement decisions, and school environment as factors influencing student placement.” COPAA provided time and access to families to the GAO as they studied this critical issue. Given the findings, COPAA encourages our members to use the study to promote district and state policies that support and ensure that every student has access to the least restrictive environment as required by the law.
Trump’s actions signal a move toward institutionalizing people with disabilities, advocates warn
PBS News
For decades, disabled people have fought for their rights to go to school and live alongside peers without disabilities — rights that some fear could be losing ground under the Trump administration. Last month, the Department of Education announced it would shift oversight of special education to the Department of Health and Human Services, led by Robert F. Kennedy Jr., whose comments on the limits of disabilities such as autism have drawn sharp rebukes from advocates and lawmakers. Meanwhile, after a White House push to police homelessness, the Department of Justice released guidance that lowered the barrier to institutionalizing any person with a disability. Taken together, the actions signal a worrying return to a reality where people with disabilities are pushed to the margins of society, advocates said. “It’s a direct, frontal assault on the rights of people with disabilities to live their lives the way that people who are nondisabled live their lives,” said Selene Almazan, legal director for the Council of Parent Attorneys and Advocates.
This federal data helps shape policy. It’s 6 months late
NPR
For more than 50 years, the Education Department has revealed a host of realities about how students are being treated in every public school across America: which kids are being bullied, which ones are being harassed and which students can access the internet, among other things. The agency’s Civil Rights Data Collection is intended to do just that — help keep schools accountable. The latest information, collected about the 2023-24 school year, was supposed to be published last December, according to the Education Department’s own deadline. But it hasn’t been. The agency hasn’t responded to multiple requests from NPR asking what’s behind the delay.
Colleges serving more Autistic students than they realize
Inside Higher Ed
As colleges work to improve student success, new research suggests they may be underestimating the size of a much larger student population than previously understood: autistic students. A new study from Michigan State University examined 731 publications, reviewed 16 common survey instruments used at postsecondary institutions and inspected codebooks from six federal datasets to come up with the estimate that over 280,000 autistic students are currently enrolled in U.S. colleges and universities—three to five times more than previous data suggested. Researchers said many institutions may not realize how many autistic students they serve, making it more difficult to design policies, services and supports that help them succeed. Brad Cox, associate professor of higher, adult and lifelong education at Michigan State, said earlier estimates of autistic college enrollment relied on decades-old data, leaving researchers and policymakers with an incomplete picture of this student group. “It’s hard to serve a population you don’t know is even there, because autism is an identity that isn’t always apparent, isn’t always visible,” Cox said.
Inspector General Finds ED Actions Impede Ability to Perform Statutorily Required Duties in OCR and OSERS
Last week, the Office of Inspector General (OIG) for the U.S. Department of Education (ED) released a report titled “Review of U.S. Department of Education Changes in Staffing and Operations.” The report focuses on the reduction in force (RIF) and other staffing actions taken by the Administration from January 20, 2025 – March 31, 2025, including the 58 percent reduction in staff in the Office for Civil Rights (OCR) and the [approximate] 14 percent reduction in staff in the Office for Special Education and Rehabilitative Services (OSERS). The report notes that the staffing reductions and the elimination of ED suboffices across the Department “appear to have been performing statutory functions or oversight and monitoring functions.” For OCR, OIG notes that employees no longer remain who are responsible for
…conducting complaint investigations and compliance reviews of preschool, elementary and secondary institutions, vocational technical schools, institutions of postsecondary education, vocational rehabilitation agencies and providers under Title VI of the Civil Rights Act, Title IX of the Education Amendments, Section 504 of the Rehabilitation Act…and conducting complaint investigations and compliance reviews of public entities for which the Department serves as the designated agency under the regulations implementing Title II of the Americans with Disabilities Act of 1990.
The report includes that among the OSERS programs affected are “policy formulation, program planning, evaluation, grants, contracts…” and more. ED OIG also indicated that it was “unable to make definitive determinations” in some areas due to ED’s [non]compliance with requests made during the review. The report does not explore or address the impact of the 14 announced interagency agreements (IAAs) on ED’s statutory responsibilities.
IDEA Determination Letters Show States in Need of Intervention
The U.S. Department of Education (ED) has released determination letters on state implementation of the Individuals with Disabilities Education Act (IDEA), Parts B and C. States participating in Part B, which serves individuals age 3-21, and Part C, which serves infants and toddlers birth through age 2, are scored against four ratings based on the state’s performance on its State Performance Plan (SPP): Meets Requirements; Needs Assistance; Needs Intervention; and Needs Substantial Intervention. According to analysis provided by The Advocacy Institute of the determination letters on Part B performance, when compared to 2025, ratings improved for four states: AL, FL, RI, SD; ratings dropped for seven states: ME, MD, MN, NM, NY, ND, VT; and just 5 states have received a “Meets Requirements” rating each of the past 13 years (2014-2026): KS, MA, MO, PA, WI. COPAA member Candace Cortiella and founder of The Advocacy Institute has analyzed the letters and provided map of state ratings.
COPAA and Partners Condemn DOJ’s Interpretation of Olmstead
In reaction to a Department of Justice (DOJ) memo regarding the landmark 1999 Supreme Court ruling Olmstead v. L.C., and in conjunction with the anniversary of the Court’s ruling in Olmstead, COPAA and partners issued a statement condemning DOJ’s recent interpretation of the law. Calling the interpretation illogical, harmful, and pernicious, they said, “The administration’s efforts to deny civil rights to people with disabilities cannot be carried out through DOJ memorandums nor by executive order. This action demonstrates the administration’s clear intent to misapply the law against the rights of individuals with disabilities.”
Special ed, civil rights are largely leaving Education Department
NPR
Two of the U.S. Department of Education’s biggest responsibilities will shift to other federal agencies: safeguarding student civil rights and administering programs for students with disabilities. The Trump administration said Tuesday it will move much of the Office of Special Education and Rehabilitative Services (OSERS) to the U.S. Department of Health and Human Services (HHS). OSERS manages programs that support students with disabilities, offering guidance and oversight to ensure states follow the landmark Individuals with Disabilities Education Act (IDEA), a law that guarantees disabled students access to an equitable public education. The administration announced it would also move much of the Education Department’s Office for Civil Rights (OCR) to the U.S. Department of Justice (DOJ). OCR’s staff of civil rights lawyers are tasked with protecting students in K-12 schools and universities from discrimination based on disability, gender, race and national origin. OCR has been in tumult for months, targeted repeatedly by the Trump administration for staff cuts, then reversals of those cuts.
Parents fear fallout from special education oversight changes
Chalkbeat
Education Secretary Linda McMahon had a message for parents of students with disabilities on Tuesday as she announced seismic shifts to federal special education oversight: “I’ve heard you.” In listening sessions and at school visits, McMahon said thousands of parents described struggles to get their children the services to which they’re legally entitled. Moving special education oversight out of the Department of Education, she wrote in an op-ed for Fox News, will reduce red tape and open opportunities. McMahon may have heard parents, many advocates said Tuesday, but she didn’t listen. “It is accurate what they said today, that they spent six months talking to people, but we’ve been very consistent in our message that we didn’t want this to happen,” said Jennifer Coco, interim executive director for the Center for Learner Equity and a parent of students with disabilities.
Education Tax Credit In Spotlight, Treasury Previews Parts of Forthcoming Regulations
Last week, the White House held a press conference to preview forthcoming regulations from the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) to guide implementation of the federal education tax credit voucher program. While the final regulations are scheduled for release in September, Treasury has been under pressure to release details so that states opting into the program can prepare to implement the program in January 2027. Treasury’s scripted sneak peek addressed a handful of pressing issues, including highlights about how Scholarship Granting Organizations (SGOs) will be expected to do business in the state in which they are “authorized to do business” and that they expect to allow a multi-state “path” for SGOs who wish to do business in more than one state. In defining what a school is, Treasury noted that the forthcoming rules will likely define “school” to include public, private, and religious schools that provide K–12 elementary or secondary education, as determined under state law. They also indicated that a home school would be treated as a school if the state treats it as a school under state law. To verify student household income and prevent fraud and abuse, they indicated that states will be directed to use federally recognized documents, such as W-2s and federal tax returns, to determine student eligibility, and that SGOs will be required to undergo annual audits to verify that legal processes for taking in and distributing funds are in place. With regard to use of scholarship funds by qualifying families, they said that consistent with the statute, scholarships may be used to support additive academic tutoring and special needs services, and that future guidance will address those issues in more detail. COPAA has valuable information to share if your governor has ‘opted into’ the program and for those still making a decision.
You can check this map to see your state’s status
Senate READ Act Promotes Literacy & Early Screening for Dyslexia
Senators Bill Cassidy, M.D. (R-LA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, and Maggie Hassan (D-NH) have introduced the Reading Excellence and Achievement for Development (READ) Act along with Senators Jim Banks (R-IN), John Hickenlooper (D-CO), Tim Scott (R-SC), and Mark Kelly (D-AZ). The bill amends the Comprehensive Literacy State Development Grant program and aims to address the national literacy crisis by strengthening and promoting evidence-based literacy instruction, early literacy screening -including for students suspected of having dyslexia- and empowering states, local communities, and parents with more resources.
Three states sue over cancelled special education teacher training grants
K-12 Dive
Attorneys general in three states — California, Rhode Island and Wisconsin — sued the U.S. Department of Education on June 9, saying the agency unlawfully discontinued grants in those states that fund professional development of special education staff and support services for students with disabilities. The lawsuit claims the cancellation of the states’ grants in September and December 2025 was because they conflicted with the Trump administration’s priorities that “include a reflexive hostility to any reference, no matter how fleeting, to diversity, equity, or inclusion.” The Education Department has canceled several other K-12 grant programs over the past year that it said don’t align with Trump administration priorities and executive orders. That includes programs funding mental health supports in schools and professional development for teachers of English learners.
Technology helps some students with disabilities excel. Now it’s leaving schools
NPR
Much of the pivot away from screens in schools has come from parents who are concerned screen use is getting in the way of their children’s learning — an argument Heather Martin hears in her own community in Concord, 30 miles northeast of San Francisco. She shares some of those concerns, but says, “Never once in the conversation has there been a discussion, except for me bringing it up with the other parents, about kids with disabilities.” Advocates worry those students are also being left out of the national conversation. “My concern is that that’s a really fast period of time for this to happen,” says Lindsay Jones, CEO of the Center for Applied Special Technology (CAST), an education research nonprofit that focuses on making learning environments accessible. Jones points out that some of these laws do make exceptions to restrictions on screens for students with disabilities — often a line in the text mentions assistive technology. But she says that should be the bare minimum and worries many policy proposals are “a very blunt instrument.”