Federal Legislation & News
in Special Education
Some Advocates Concerned as States Push for Cameras in Special Education Classrooms
EdSurge
As federal and state legislation swirls over the usage of cellphones and personal devices in classrooms, there is a renewed push for another form of technology: surveillance cameras. Legislators in Florida, Iowa, Maryland, South Carolina, and Tennessee introduced video surveillance bills this year, proposing to place cameras in self-contained special education classrooms, which are rooms solely for students with special needs. The move comes as a handful of states – Louisiana, West Virginia, Georgia, and Alabama – have adopted the legislation over the last decade to curb harmful physical practices. That includes teachers using restraints on students with behavioral issues and, in some cases, placing them in seclusion rooms or resorting to physical violence.
Most advocacy groups – including the Council of Parents Attorneys and Advocates and the National Center for Learning Disabilities – have not taken an official stance on the issue. “[In 2015] was the first time we’ve started to really debate even how we felt about it,” COPAA’s Marshall says, adding that opinions in the group are mixed. “I think it’s too early to tell with the research what the effects are, and I don’t think the states are collecting the data to help understand.”
White House Sends Budget to Congress, Eliminates Preschool and Other Special Ed Funding
On Friday, the White House released the Fiscal Year (FY) 2027 Budget Request to inform Congress’ work on annual appropriations. The Administration’s budget proposes funding levels for education, justice, health, and other federal programs, which will be negotiated by Senate and House appropriators in the coming months. Specific to education, the White House has proposed an overall cut of about 3 percent to program funding at the U.S. Department of Education (ED) and would drastically reduce staff by nearly 50 percent. Digging into the details, the White House proposed cuts and program eliminations similar to those it offered for FY 2026, which Congress rejected. Specific to the Individuals with Disabilities Education Act (IDEA), the Administration has proposed a decent overall increase of $1.68 B to Part B (school-age children). However, the bulk of this results from the proposed elimination of IDEA Part B-619 (preschool) and all programs funded under IDEA Part D (National Activities), while IDEA Part C (infants and toddlers) would receive a $50 M increase. Staff reductions are severe, as they propose cutting the Office of Special Education and Rehabilitative Services from 163 full-time equivalents (FTEs) to 31. For the Elementary and Secondary Education Act (ESEA), Title I is level funded and charter school programs are boosted by $60 M, all other ESEA Title and authorized programs under the law (e.g., Comprehensive Literacy, Family-Statewide Engagement Centers, Javitz Gifted/Talented, Adult Education etc.…) are eliminated. In their place, the White proposes to consolidate 17 programs ($6.5 B) into one grant for states to use with federal prescription and provides $2.1 B for the “Make Education Great Again” grant for states. The Office for Civil Rights has been cut by $30 M and staff are reduced by nearly 50 percent.
Regarding the Department of Health and Human Services (HHS), the White House recommends changes to programs that support people with disabilities, including the elimination of University Centers for Excellence in Developmental Disabilities (UCEDDs), cuts to programs under Autism and Other Developmental Disabilities, and cuts to the Protection and Advocacy Systems (P&As). Congress ignored similar recommendations made by the White House last year that would have altered or eliminated key HHS programs. When Congress returns next week, Senate and House appropriators will begin the process to determine whether -and to what extent- to include the funding recommendations as they negotiate spending bills over the coming months.
Stride Policy has provided a Summary Chart comparing the White House FY 2027 Budget Request with prior years. COPAA members are encouraged to EMAIL Congress today and support FY 2027 funding that: supports all parts of IDEA consistent with the law, ensures needed resources are provided to states/districts, and requires all K-12 programs to be overseen by ED as the law requires.
ProPublica Sues ED for Records Release
ProPublica has sued the U.S. Department of Education (ED) for failing to comply with multiple
Freedom of Information Act (FOIA) requests seeking records related to civil rights investigations
and agency communications. The lawsuit alleges that under Secretary Linda McMahon, the
Office for Civil Rights (OCR) has become significantly less transparent, with reduced public
reporting, undisclosed case resolutions, and a shift in enforcement priorities. Staffing cuts and
office closures have further weakened the agency, contributing to a growing backlog of
discrimination complaints—many of which are reportedly dismissed without investigation.
ProPublica argues that the lack of transparency undermines public accountability and obscures
decisions affecting millions of students and families.
Read about ProPublica vs. U.S. Department of Education Lawsuit.
As Trump’s Education Dept. pulls back on civil rights, states step up
AP News
In their mostly white school district, Black students routinely heard racial slurs. White classmates hurled insults like “slave,” “monkey” or worse. It often went unpunished. Parents made those claims in a 2024 complaint asking the U.S. Education Department to investigate racial bullying at the Pennridge School District in Pennsylvania. They thought their complaint had the power to make things better. Instead, it became one of thousands sitting in a federal office with little hope of gaining attention after layoffs by the Trump administration. Families say they’ve had nowhere else to turn. “There was an expectation that something was going to happen,” said Adrienne King, who has two daughters in the district and is president of the NAACP Bucks County chapter. When nothing did, “it’s a very hollow, empty feeling.” One of the Education Department’s biggest jobs is to police discrimination in America’s schools. But amid mass firings and shifting priorities, that role has waned. In its place, there’s an emerging push for states to step up.
These blind students say their college blocked their education. A new rule could help
NPR
Miranda Lacy and Harold Rogers became fast friends during their undergraduate years. They both shared their dreams with one another: Rogers wanted to use his education to become a psychotherapist, and Lacy wanted to become a social worker. So, they were delighted to be reunited for graduate school – at an online Master’s in Social Work program at West Virginia University (WVU). Little did they know, their journey there would be much harder. Both students are blind and say that learning materials, from course modules to class readings, have been inaccessible to them at WVU. Many documents are not compatible with screen readers, which are software programs that translate what’s visually represented on a webpage into speech. “It’s been like going down a ski slope without any assistance,” says Rogers, 34.
Digital accessibility is a major concern for students with blindness and other disabilities — an ever-changing landscape that often isn’t designed with disabilities in mind. Now, that could change: An update to regulations in the Americans with Disabilities Act (ADA), set to take effect at the end of April, will require public institutions to meet new standards that dictate what accessibility should look like
ED Finds DC Public Schools Violates Rights of Students with Disabilities
In a public announcement last week, the U.S. Department of Education’s (ED) Office for Civil Rights (OCR) found that the District of Columbia Public School System (DCPS) has extensively violated Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 by denying students with disabilities a free and appropriate public education (FAPE). The OCR investigation revealed systemic problems, including prolonged delays in evaluations, lack of individualized services, untrained staff making decisions, removal of services without proper justification, and unreliable or unsafe transportation. These issues forced families to fight for legally required special education services. To address the violations, the agency has proposed a resolution requiring the district to create a new Disability Services Division, update its policies, train staff annually, and improve transportation systems. If the district does not agree, federal enforcement action may follow. The findings are based on earlier reports showing high complaint rates and ongoing concerns about how DCPS manages special education services.
Bipartisan Briefing Highlights Impacts of Federal Investments on Childcare
The First Five Years Fund, in partnership with the House Bipartisan Pre-K and Child Care Caucus, convened the “ABCs of Federal Early Learning and Child Care” briefing on March 17th. House Caucus Co-Chairs, Rep. Brian Fitzpatrick (R-PA), and Rep. Susan Bonamici (D-OR), made remarks. Each underscored the critical role of early learning and child care programs for working families and highlighted the need for sustained, robust federal investments, including the importance of resources to support children with developmental delays and disabilities. Panelists emphasized the importance of key federal programs —including Part C of the Individuals with Disabilities Education Act (IDEA), IDEA’s Part B Sec. 619 preschool funding, the Child Care and Development Block Grant, Early Head Start/Head Start, and the Preschool Development Birth through Five Grant—in expanding access to affordable, high-quality early learning and child care for families.
Reading Bill Receives Bipartisan Support From House Education Committee
The Science of Reading Act of 2026 (H.R. 7890), authored by Rep. Erin Houchin (R-IN), was passed by the House Education and Workforce Committee with bipartisan support. The bill amends the Elementary and Secondary Education Act (ESEA) by adding a definition of the “science of reading” to ESEA’s Comprehensive Literacy Instruction program and specifies that “three-cueing” is prohibited as an instructional approach. The bill prioritizes funding to support evidence-based literacy practices known to support the essential components of skilled reading, including phonemic awareness, phonics, vocabulary, fluency, comprehension, and writing. The bill has been referred to the House Rules Committee. To date, there is no Senate companion bill.
Governors promote special education initiatives in annual addresses
K-12 Dive
Special education initiatives were a priority for several governors in their annual state of state addresses — including in Idaho, Kansas, New Mexico, and Pennsylvania — at a time when the national count of students with disabilities continues to rise and as the U.S. Department of Education moves more K-12 responsibilities to the states. In Kansas, for instance, Gov. Laura Kelly highlighted the state’s $120 million investment in special education programs in recent years during her January speech. Kelly is also proposing $50 million to support students with disabilities in fiscal year 2027. States are facing myriad challenges when it comes to overall K-12 public school funding, including a shrinking student population, competition with private school choice, the expiration of federal COVID-19 emergency aid, and state fiscal pressures for early and higher education programs, housing, and older adults services.
COPAA Files Amicus Brief in the Eighth Circuit Regarding the Correct Standard for the Provision of a FAPE for Students with IEPs.
In February, COPAA filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in D.L. v. Omaha Public Schools in support of the family of a child with a disability. The brief urges the court to reverse the decision of the U.S. District Court for the District of Nebraska because the district court created and applied a lower standard for a free appropriate public education (“FAPE”) that directly conflicts with the FAPE standard required by the U.S. Supreme Court in Endrew F. v. Douglas County School District. You can read the amicus brief here.
COPAA Legal Director Selene Almazan and COPAA Amicus Committee Co-Chairs Ellen M. Saideman and Catherine Merino Reisman wrote the amicus brief. The family is represented by Amy Bonn, COPAA member.
In D.L., the school district placed a young child with autism in a self-contained classroom that was described by school staff as “chaotic” and where the district failed to implement her Individualized Education Program (“IEP”). The student was repeatedly physically harmed by another student and became afraid to go to school.
The district court stated in its decision that the Individuals with Disabilities Education Act (“IDEA”) requires “only reasonableness” with respect to providing FAPE to students with disabilities and found that the district had provided the student a FAPE under that standard. As COPAA argued in its brief, the district court misstated the IDEA’s FAPE obligation—which requires, pursuant to Endrew F., that school districts offer and implement an “IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances”—and that the school district failed to provide the student with a FAPE.
President’s Budget Request Anticipated Week of March 30
The release of the President’s budget request to Congress for Fiscal Year (FY) 2027 is anticipated sometime during the week of March 30. The President’s budget request is typically released in early February, but is delayed this year because of the furlough during last fall’s six-week federal government shutdown. While Congress waits for the White House, COPAA encourages all members to email your federal legislators and make recommendations for funding to support the Individuals with Disabilities Education Act (IDEA), Title I, the Office for Civil Rights, special education research, and more.
ED Seeks Comments on Comprehensive Centers Redesign: Literacy and Students With Disabilities Included as Priority
The U.S. Department of Education (ED) has released a notice seeking comments on proposed changes to the design and funding for the Comprehensive Centers (CC) program which are authorized under the Educational Technical Assistance Act administered by the Secretary of Education. As noted by ED, the CC program is intended to build the capacity of state, regional, local, and Tribal education agencies, and schools to improve instruction, expand educational opportunity, close achievement gaps, and raise outcomes—particularly for students with the greatest needs. The proposed redesign would include a National Center, Regional Centers, and Content Centers, one of which will be the National Center on Improving Literacy for Students with Disabilities. ED seeks input that addresses specific questions regarding priorities for CC redesign and the proposed new centers. COPAA will provide an opportunity in the coming weeks for members to submit comments to ED prior to the April 2 deadline.
Senator Hirono to Host Press Conference Marking One-Year Anniversay of ED’s Reduction in Force
Wednesday, March 11 at 11:00 am ET/5:00 am HT, U.S. Senator Mazie K. Hirono (D-HI), will host education advocates, leaders, and other stakeholders—including former U.S. Department of Education (ED) employees—at a press conference marking the one-year anniversary of ED’s Reduction in Force (RIF) that resulted in the firing of nearly half of all ED employees. Senator Hirono and speakers will raise alarms about how the Trump Administration’s massive cuts at ED have hurt students and families, educators, and federal workers over the past year. The press conference will be livestreamed on Senator Hirono’s YouTube account.
NCYL Launches ‘The State of Civil Rights for Students and Schools,’ a 50-State Legal Resource for Families and Advocates
The National Center for Youth Law (NCYL) today launched “The State of Civil Rights for Students and Schools,” a free online resource that compiles key education civil rights laws and frameworks from all 50 states and the District of Columbia. In conjunction with the launch of the new resource, NCYL will host a live webinar on March 19, featuring state and education leaders, to more deeply explore student civil rights and engage with advocates, attorneys, and community partners.
NCYL created “The State of Civil Rights for Students and Schools” so families, advocates, and attorneys can quickly identify protections and pathways for action where they live. The user-friendly resource is an initiative of NCYL’s Education Defense Fund, which was established in response to the federal government’s recent actions to reduce and dismantle civil rights enforcement in schools, which has left many students and families vulnerable to unchecked discrimination.
Special Education in limbo as Ed Department sheds more responsibilities
Disability Scoop
As the U.S. Department of Education accelerates efforts to dismantle the agency, the implications for students with disabilities remain murky. The agency said that it reached two new agreements late last month to transfer management of education-related programs to other federal departments. The deals follow seven so-called “interagency agreements” last year. Despite Trump administration officials repeatedly indicating that they intend to move oversight of special education to another agency, the program is not part of the newly announced partnerships. Neither is the Education Department’s Office for Civil Rights, or OCR, which handles disability discrimination complaints. The Education Department did not respond to multiple requests for comment about the current status of both.