Federal Legislation & News
in Special Education
Trump lays off employees in department funding special education
NPR
President Trump has talked repeatedly about wanting to return education to the states and that dismantling the Education Department is part of that plan. Eliminating these staff members does not, at this point, cut special education funding to states. But one state director of special education, who spoke with NPR on the condition of anonymity out of concern the government would retaliate against that state, said they worry about the implications for students and families. “I’m fearful. I think it’s good for states to know there’s federal oversight and that they’ll be held accountable,” the official said. “The concept of leaving special education up to states sounds great, but it’s scary. What happens if one state decides to interpret the law one way, but another state disagrees and interprets it differently?” Multiple sources also questioned the legality of the cuts to OSERS. Federal law requires that there be an Office of Special Education Programs — within the U.S. Department of Education — to manage and oversee special education funding and programs. As such, these sources said, effectively closing the office by firing its staff should require an act of Congress.
Trump funding cuts hit particularly hard for deaf and blind children
Education Week
April Wilson is responsible for teaching 36 students this school year—not squeezed into a single classroom, but spread among 19 school buildings in 12 districts across rural southern Illinois. For her job as one of only two itinerant teachers of the visually impaired, or VI, in all of Illinois, Wilson drives as many as 1,400 miles a month. Not only does she provide instruction for blind students from ages 3 to 21, she has to supply special equipment for them, too—and make sure they, and their teachers, know how to use it.
But the future of her professional development is in jeopardy. On Sept. 5, after business hours on a Friday, the U.S. Department of Education abruptly announced it was discontinuing the federal grant paying for Wilson’s program, along with more than 30 other ongoing grants related to special education totaling nearly $30 million over the next three years.
School Districts That Pursue Awards of Attorneys’ Fees against Plaintiff Parents and Their Attorneys in IDEA Cases Obtain Fees in Only Small Percentage of Cases
The Individuals with Disabilities Education Act (“IDEA”) authorizes courts, at their discretion, to “award reasonable attorneys’ fees… to a prevailing party who is the parent of a child with a disability” in legal actions brought pursuant to the Act. 20 U.S.C. § 1415(i)(3)(B)(i)(I). If a parent prevails on an IDEA claim at the due process administrative hearing level or in court, they can be reimbursed for their attorney’s fees.
The IDEA also includes provisions that allow defendant school districts to be reimbursed for their attorneys’ fees—but only in limited cases. A court can award attorneys’ fees “. . . against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or . . . who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or . . . against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.” 20 U.S.C. § 1415(i)(3)(B)(i)(II)–(III).
Professor Perry Zirkel, University Professor Emeritus of Education and Law at Lehigh University, has authored a new article, “Attorneys’ Fees Claims Against Plaintiff Parents and Their Attorneys under the IDEA: The Most Recent Court Rulings,” in which he shares his findings that “the frequency of defendant-district filings for attorney’s fees has dropped significantly in the most recent decade” and that “the odds in favor of districts obtaining at least partial attorneys’ fees awards are consistently low.” Specifically, school districts received “at least a partial attorneys’ fees award in less than 15% of their claims.”
COPAA and CASE Issue Principles in Support of Students with Disabilities, Individuals and Organizations Encouraged to Sign
COPAA and the Council of Administrators of Special Education (CASE) have announced an opportunity for individuals, national, state, and local organizations to join together and affirm a shared commitment to ensuring that children and youth with disabilities receive the education and support fundamental to their growth and development. The principles underscore the dedication to working together and will be shared with policymakers and the media later this month. Please review the seven principles and sign with COPAA and advocates from across the U.S. by Friday, October 17, 2025.
Senate at an Impasse on Fiscal Year 2026; Federal Government in Partial Shutdown
The federal government continues to function under a partial shutdown after Congress failed to advance a short-term continuing resolution (CR) that would serve as a stopgap while debate continues on discretionary funding for Fiscal Year (FY) 2026. Typically, these impasses, where the minority party in the Senate seeks to use its limited leverage to advance its own priorities, result in a negotiated bill where a few concessions are made. However, at this writing, there continues to be no workable deal between Republicans and Democrats. House Speaker Johnson (R-LA) did indicate on Monday that he had met with Senate Appropriations Vice Chair Patty Murray (D-WA) to discuss bills moving successfully through conference committee “after the initial clean CR is passed.” This has been interpreted by the press to mean that Republicans are holding firm and will not make concessions in the pending deal to address healthcare and other issues on the Democrats’ priority list. Under the shutdown and in the short term, all mandatory programs such as social security, Medicaid, and Medicare, law enforcement activities, and other functions deemed essential by the Administration continue to operate. Federal aid for certain grants that are already underway and formula funds such as Title I and IDEA will continue to flow, but without federal agency staff available to troubleshoot any challenges that may arise. Every agency has a contingency plan in place for the shutdown. You can view the U.S. Department of Education’s plan and find other agency plans on their respective sites.
Federal Appeals Court Temporarily Allows OCR Downsizing
In a decision filed on September 29th, a three-judge panel of the 1st Circuit Court of Appeals in Boston overruled a lower court decision and temporarily allowed the U.S. Department of Education (ED) to continue reducing Office for Civil Rights (OCR) staff. At issue is whether laying off 264 employees interferes with a mandate from Congress or whether the reduction in force is similar to the Supreme Court decision that allowed for broader ED layoffs across the agency. It is unclear what will happen to the 80 employees already reinstated due to the earlier court decision. In their decision, the three-panel judges stressed that their decision was temporary. Meanwhile, all OCR functions are halted for the duration of the federal government shutdown.
ADHD Is punished in schools. How teachers can flip the script
Education Week
Excessive squirming and fidgeting. Difficulty paying attention. A tendency to act impulsively and make careless mistakes. Trouble acting cooperatively. These hallmark symptoms of childhood ADHD run counter to behavior that teachers welcome in their classrooms. It’s perhaps unsurprising, then, that the estimated 11% of the nation’s children who have the common developmental disorder tend to get punished far more than their classmates. High school students with attention-deficit/hyperactivity disorder are twice as likely to get suspended, and five times as likely to be expelled from school, compared to their classmates without ADHD, according to a study of students from nine high schools. Younger students with ADHD feel the effects of school discipline disproportionately, too. One national survey of parents whose children had ADHD, conducted in 2014, found that nearly 6% of boys and 1.5% of girls with the disorder were expelled from preschool. A lack of training for teachers on the best practices for classroom management for students with ADHD is partly to blame, say experts.
Civil rights commissioners mixed on special educator shortage solutions
K-12 Dive
A persistent shortage of special education teachers nationwide is leading to a lack of supports and services needed to help students with disabilities thrive in schools, according to an investigation by a federal civil rights panel.
The growing population of students with disabilities, combined with a lag in special education hiring, “has resulted in a dearth of special educators, thus depriving students with disabilities of their right to a free appropriate public education,” the USCCR report said. The commission’s report, released Monday, finds special education teacher shortages are being caused by a myriad of factors, including both a lack of people interested in the field and retention challenges stemming from demanding workloads, administrative burdens, high student loan debt, and poor working conditions. The possible solutions, the report said, are just as varied. They include streamlined licensure programs to support prospective special educators, expansion of school choice options so that public funding follows students, local initiatives like Grow Your Own programs to increase the number of qualified special educators, and adding incentives to keep veteran teachers in classrooms.
Only 18 states differentiate compensation for special education teachers
K-12 Dive
The lagging number of state policies addressing teacher shortages is exacerbating poor academic outcomes for the growing population of students with disabilities and English learners, according to a new report from the nonprofit National Council on Teacher Quality. As just over two-thirds of students from both of those groups cannot read on grade level, the report released Tuesday said a big part of that challenge stems from the fact that states aren’t doing enough to support educators in special education and English language learning. For instance, only 17 states require that special education teachers pass an “acceptable” reading licensure test, while even fewer — five — mandate the same for those instructing English learners. Additionally, NCTQ found that teacher preparation standards in both areas are disjointed, as most states do not explicitly mandate them. The nonprofit also pointed out that financial incentives for special educators and teachers of English learners can be useful in addressing critical shortages, but many states don’t offer additional compensation.
How can education savings accounts serve students with special needs? (Opinion)
Education Week
As education savings account (ESA) laws have been adopted by a number of states in the past few years, many observers have wondered how these work in practice. One huge area of interest is their impact on students with special needs. Well, Arizona’s status as home of the nation’s first ESA program could be instructive. Karla Phillips-Krivickas, a member of Arizona’s state board of education, has some practical wisdom to share. She is co-founder of Champions for Kids, a former Arizona education department official, and a veteran education advocate who consults with private schools on special education.
Cuts to Title III and civil rights enforcement will harm English learners, report says
K-12 Dive
How will potential cuts in federal funding and changes in civil rights enforcement impact English learners? A new report from the Children’s Equity Project at Arizona State University raises concerns about proposed cuts to formula grants for Title III funding aimed at language skills for new immigrants and English learners, changes to Individuals with Disabilities Education Act funding for those with disabilities, and rescinded guidance on how to enforce civil rights laws that protect English learners.
Initiative addresses racial disparities in special education
PHYS.ORG
For decades, educators and researchers have raised concerns about students of color, particularly Black students, being disproportionately enrolled in special education. At San Francisco’s public schools, disparities persist, despite the district’s many efforts to address the problem. A new Stanford research initiative is reaching further upstream to find solutions. Led by Stanford education Professor Alfredo J. Artiles, a team of interdisciplinary researchers from across the country has partnered with leaders at San Francisco Unified School District (SFUSD) and California Education Partners to identify what’s driving the disproportionate enrollment and, based on their findings, design new approaches to change those conditions and create an environment where Black students can thrive.
Let’s Focus on Assuring Students with Autism Receive All the Support and Services They Are Entitled to Under the Law
When the White House and administration use their pulpit to spread misinformation and unverified causation about disability, as they did yesterday, it is extremely concerning for families and for students with disabilities.
COPAA stands with mothers and fathers who “tough it out” every minute of every day working to give their child the best that life has to offer. To blame them is unfair, cruel and unsubstantiated. COPAA has and will continue to support federal investments in research, technical assistance, and other support for schools, students and their families who are impacted by a diagnosis of autism.
That said, nothing shared in the most recent announcement changes the fact that if a student is diagnosed with autism or is deemed to be on the autism spectrum they remain eligible to receive the individualized related services, support, accommodations and specialized instruction they are entitled to under the law. There is an abundance of best practice strategies on how to best serve students with autism and in these tumultuous times we encourage parents and educators to focus on quality individualized education programs and outcomes for each student.
Federal District Court in Nevada Issues an Important Ruling in Favor of Families in a Class Action Lawsuit in Which COPAA is a Plaintiff
COPAA celebrates last week’s ruling in the United States District Court for the District of Nevada in C.W. v. Nevada Department of Education. COPAA and twelve students with disabilities and their families are the named plaintiffs in this federal class action lawsuit against the Nevada State Department of Education (“NDE”) and the Clark County School District (“CCSD”), alleging that the school district has systemically failed to comply with the Individuals with Disabilities Education Act, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act; and that NDE has failed to ensure the district’s compliance with these laws.
The defendants moved to dismiss the lawsuit on several grounds and also filed to strike the class allegations; on September 18, 2025, the Court denied the defendants’ motions. This means that the lawsuit can proceed. COPAA and the plaintiff families seek reforms for the alleged widespread violations of students’ legal and civil rights within CCSD, which include systemic failures to carry out its Child Find duties, to appropriately evaluate students, and to provide appropriate special education and related services and behavioral supports. You can read the Plaintiffs’ Amended Complaint in the lawsuit here.
With this recent ruling, the families of children with disabilities in CCSD are one step closer to vindicating their rights under federal law.
The families are represented by Lori C. Rogich of Rogich Law Firm; Hillary D. Freeman of Freeman Law Offices; Judith A. Gran and Catherine Merino Reisman of Reisman Carolla Gran & Zuba; Jeffrey I. Wasserman and Gregory G. Little of Wasserman Little; and the law firm of Simmons Freeman.
COPAA and CASE Join Forces, Urge Secretary to Restore IDEA Grants
This week, in a letter led by COPAA and the Council of Administrators of Special Education (CASE) more than 135 general and special education advocacy organizations urged Secretary McMahon to “maintain all current grants under Part D of the Individuals with Disabilities Education Act (IDEA).” In joining forces, COPAA and CASE have showed strength in unity as the letter expresses support for IDEA Part D and explains that the millions of dollars in IDEA grants [provided by the Secretary] serve critical function such as “…providing teachers and specialized instructional support personnel (SISP) the most current research and best practices, ensuring parents and families have the best information and supports to be full and meaningful participants in their children’s education, addressing the critical educator shortage through teacher and SISP preparation and training, providing assistive and inclusive technology to support barrier-free learning, and affording school districts the technical assistance to provide a strong special education system overall.” The letter comes in response to recent actions by the Office of Special Education to cancel more than 30 IDEA-Part D grants, which has resulted in interruptions to the provision of technical assistance and support to deaf-blind students, to families, and more.