Federal Legislation & News
in Special Education
Executive Order Calls for Use of Formula Funds to Expand School Choice
In an Executive Order (EO) issued last week, President Trump directed the U.S. Department of Education to take measures that support parental rights and school choice. Identified as “education-freedom,” the EO names five steps that ED must take within 90 days to comply. These include issuing guidance on how states can use federal formula funds to support school choice; placing education freedom as a priority for discretionary grants; directing the Secretary of Health and Human Services to expand choice in block grants to States for family and children services; establishing mechanisms for Department of Defense families to attend schools of their choice; and allowing Bureau of Indian Education families to use federal funds for educational options of their choice. COPAA opposes the use of federal education funding for school choice programs.
Office for Civil Rights Reverts to 2020 Title IX Rule
Last week, Acting Assistant Secretary for Civil Rights Craig Trainor issued a Dear Colleague Letter (DCL) announcing that effective immediately, the U.S. Department of Education’s Office for Civil Rights (OCR) will revert to the provisions of the 2020 Title IX Rule and. Trainor cited the U.S. District Court for the Eastern District of Kentucky decision that vacates the 2024 Title IX Rule which provided for “gender identity,” a category that runs counter to President Trump’s Defending Women executive order that acknowledges only two genders —birth assignment as male or female. Because the reversion to the 2020 Title IX Rule subverts requirements under the Administrative Procedures Act, a federal law requiring agencies to follow a “notice-and-comment” rulemaking process when developing or revising regulations, and states like California have said “all means all” -and they will follow state law, not the Trump Administration’s DCL- the process to implement Title IX consistently across the nation is unclear.
Memo from Trump Administration Temporarily Freezes Federal Funding
A Monday evening memo issued to federal agencies by the White House’s Office of Management and Budget (OMB) instructed the freezing of “all activities related to the obligation or disbursement of all Federal financial assistance… to the extent permissible under current law.” The freeze was intended to give agencies time to ensure compliance with the Executive Orders (EO) issued by President Trump -including the EO issued on January 20 regarding an elimination of funding targeting programs or offices that support diversity, equity, inclusion, and accessibility (DEIA). While it is consistent that a new Administration evaluates existing funding agreements to ensure the alignment of priorities, it is unprecedented to halt federal funding in that process. This move resulted in some federal agencies closing funding portals, caused confusion about whether existing federal contracts would be honored, and created a general sense of panic among stakeholders that receive federal funds. By midday Tuesday, a federal judge had issued a ‘stay’ on enforcement of the memo, and by the end of the day, OMB had rescinded the memo itself. However, the underlying directive to evaluate all current funding and ensure its alignment with Executive Orders is still active as agencies evaluate and report to OMB the details of current federal funding obligations.
White House Releases Order Ending Radical Indoctrination in K-12 Schooling
The White House has issued Ending Radical Indoctrination in K-12 Schooling, an Executive Order (EO) aimed to combat radical ideologies in schools, emphasizing the importance of patriotic education and parental oversight. The EO condemns practices that it defines as fostering division, identity-based victimization, and challenges to family unity. Within 90 days, the federal agencies involved must develop strategies to eliminate funding for discriminatory ideologies, protect parental rights, and prevent unauthorized social transitions.
From Secretary Cardona
As education leaders, we have a collective responsibility to ensure that all children are educated in learning environments that are safe, supportive, and responsive to their needs. We must keep this responsibility in mind when considering the practices of restraint and seclusion in schools. The U.S. Department of Education (Department) remains concerned that children continue to be subjected to restraint and seclusion practices even though these practices are harmful to children and despite the lack of evidence that these practices are effective strategies to respond to a child’s behavior or that these practices reduce the occurrence of behaviors that interfere with learning. The use of restraint and seclusion practices is inconsistent with our shared goal to ensure every child is treated with dignity and free from abuse. The most recent publicly available data shows that more than 50,000 public school students were restrained or secluded in public schools during the 2020-2021 school year.i
Restraint and seclusion practices can have a lasting and negative impact on children. There is ample evidence of significant harms to students due to these practices, including serious physical injury, emotional trauma, and even death.ii Schools and early childhood programs should do everything possible to align their practices to ensure all children are educated in learning environments that are safe, supportive, and responsive to their unique needs.
Instead of relying on reactive restraint and seclusion practices, it is critical for educators to be given opportunities to learn about and implement positive, proactive practices in schools and early childhood programs and how to effectively support and respond to students’ behavioral needs. As described in previous guidance from the Department, this involves using practices that provide a behavioral framework to support the social, emotional, physical, and mental health needs of students,iii including through the use of multi-tier systems of supports with individualized, targeted, and effective interventions for high-need students. Schools and early childhood programs should implement evidence-based practicesiv to foster climates of inclusion, safety, and belonging as an alternative to exclusionary discipline and restraint and seclusion practices.v
I commend those states and districts that have prohibited the use of seclusion and limited the use of restraint in schools and early childhood programs, and those districts and programs that have committed to implementing evidence-based, responsive, and inclusive practices to support student behavior. The rejection of seclusion and the shift away from reliance on restraint in our Nation’s schools and early childhood programs is long overdue. We must equip educators and early childhood providers with the positive, proactive, and evidence-based tools and resources to meet the needs of all students. I encourage all States that have not yet done so to invest in providing educators with evidence-based, positive behavior support alternatives that support students and prevent the need to use restraint and seclusion practices, which can be harmful.
The Department has invested $1 billion through the Bipartisan Safer Communities Act Stronger Connections Grant program for states to award subgrants to high-need local educational agencies to establish safer, healthier, and more inclusive learning environments. The Department also published a guide for schools on how to implement positive, proactive approaches for supporting children with disabilities as an alternative to seclusion and restraint practices and a guide to implement functional behavioral assessments for any student whose behavior interferes with learning. In addition, the Department continues to provide resources to ensure educators and early childhood providers are prepared to respond effectively to students’ behavior needs.vi School and early childhood program leaders can both keep their communities-including children and staff-safe while ensuring every child is included, supported, and treated fairly. Our children are depending on us, and the time to act is now.
Sincerely,
Miguel A. Cardona, Ed.D.
U.S. Secretary of Education