Federal Legislation & News
in Special Education
Under Trump’s education funding cut, students with special needs struggle to seek job opportunities
Peninsula Press
Special Education student Joseph Reed never imagined he would lose his work-study job opportunity at the beginning of the 2025-2026 school year due to President Donald Trump’s funding cuts to K-12 education. “I was bummed,” said Reed. “I was sad and disappointed that [I] couldn’t work no more.” Reed is currently a freshman at Bay University, a special education adult transition program, which serves students aged 18 to 22 with moderate to severe developmental disabilities within the San Mateo Union High School District. This four-year program teaches students the social and vocational skills needed to live and work independently. Other than teaching students fundamental working and living skills, Reed and his peers were also guaranteed a paid work-study job under the Transition Partnership Program, a statewide initiative created by the California Department of Rehabilitation and Local Education Agencies to help special education students transition from school to work by offering vocational training, job preparation, and short-term employment support, according to the California Department of Rehabilitation website. Equipped with real-world working experience from the Transitional Partnership Program, most students were able to secure their jobs soon after graduation. But now, as the program’s work hours have been reduced from a 200-hour limit a year to a 120-hour limit in six years due to the funding cut, many students have reached their hour limit long before graduation, losing both a stable source of income and a stepping stone toward their future employment.
COPAA Files Amicus Brief in Second Circuit Court Regarding the Right of FAPE
Last week, COPAA filed an amicus brief with the United States Court of Appeals for the Second Circuit in A.H., V.B. and N.B. v. New York City Department of Education. The brief urges the court to reverse the decision of the United States District Court for the Southern District of New York in a case involving appropriate services (Applied Behavior Analysis, ABA) in a student’s IEP. You can read the amicus brief here.
COPAA Amicus Committee Co-chairs Ellen M. Saideman, Catherine Merino Reisman and COPAA Legal Director Selene Almazan wrote the brief.
The issue before the Hearing Officer (IHO) and the State Review Officer (SRO) was whether or not student, N.B., required a specific methodology in order to make meaningful progress commensurate with his abilities, namely the provision of ABA. The administrative decisions, finding that N.B. did not require one-on-one ABA were neither well-reasoned nor supported by the record. An evaluation of the appropriateness of an IEP offer must take into account the appropriateness of a school district’s offer of methodology given the information available to the IEP team at the time of the meeting. Because it failed to consider the offer in light of the information available at the time of the meeting, the district court’s handling of the issue was incomplete and erroneous.
COPAA urged the Court to reverse the findings by the district court.
COPAA Files Amicus Brief in Second Circuit Court Regarding the Right of Prevailing Parents To Recover Attorney’s Fees in Federal Court
Last week, COPAA filed an amicus brief with the United States Court of Appeals for the Second Circuit in The Law Office of Philippe J. Gerschel v. New York City Department of Education. The brief urges the court to reverse the decision of the United States District Court for the Southern District of New York in a case involving the right of parents who prevail in Individuals with Disabilities Education Act (“IDEA”) due process proceedings to recover attorney’s fees. You can read the amicus brief here.
COPAA’s fellow amici are New York State Council of Catholic School Superintendents and Sam Sutton, New York State Senator. COPAA Amicus Committee Co-chair Ellen M. Saideman and COPAA Legal Director Selene Almazan wrote the brief.
The focus of this case is the rights of families whose children are parentally placed in private schools and receiving services via Individualized Education Service Programs (“IESPs”). As the brief explains, the IDEA sets forth the minimum requirements for states to serve children with disabilities who are parentally placed in private schools; states can provide more for students. New York does provide greater rights and protections for these students and guarantees the application of IDEA’s procedural safeguards as well, including the right to attorney’s fees for prevailing parents.
COPAA and its fellow amici urged the Court to reject the argument that federal courts lack jurisdiction over IESP cases, including in cases seeking attorneys’ fees. Access to federal courts has been vital for families of students with disabilities, particularly in New York City. As COPAA and its fellow amici explained, the right of prevailing parents to attorneys’ fees is essential, as many parents cannot afford legal fees and would be unable to prevail without attorneys.
March 5-National Call-In Day: Tell Congress: Protect Children with Disabilities, Oppose Moving IDEA out of ED
COPAA is joining advocacy groups across the country on March 5 for a National Call-In Day to oppose moving oversight and administration of the Individuals with Disabilities Education Act (IDEA) and the Office for Civil Rights (OCR) from the U.S. Department of Education (ED) to a different federal agency. While there is no announced date for this move, officials have told COPAA they intend to make this change.
You can help by calling your U.S. Senators and U.S. Representative and urge them to tell ED to protect children with disabilities and DO NOT MOVE special education programs such as IDEA, vocational rehabilitation, and OCR out of the Education Department. (We appreciate those who have already emailed Congress, but we urge you to join the CALL-IN to have the most impact on this day!).
Use the links above or call the Capitol Switchboard at 202-224-3121. Ask to be connected to your Senator(s) and Representative. Once connected, use the suggested script to leave a message with anyone who answers the phone:
Hi, my name is _________ and I live in). I am a (parent of a child with a disability / advocate/concerned community member) calling to express my opposition to the U.S. Department of Education moving special education, vocational rehabilitation, and civil rights functions out of the Education Department. Special education programs are education programs first and should be administered by an agency that focuses on education. Other Departments like Health and Human Services and Labor don’t have experience running education programs that focus on educating and serving students with disabilities. Moving special education programs, vocational rehabilitation and civil rights investigations out of ED will only lead to less educational opportunity for students with disabilities.
I would like the Member of Congress to call the Secretary of Education and ask that special education programs, including vocational rehabilitation and civil rights investigations be kept at the Education Department. [The staffer that answers the phone will reply back to you.]
In closing, say: Please let the Member know how important this issue is to me and to their other constituents who focus on and support children with disabilities and their families. Thank you for your time.
DOJ Tells St. Louis Special School District that Seclusion and Restraint Practices Violate Federal Law
This week, the U.S. Department of Justice (DOJ) announced that it has notified the Special School District of St. Louis, Missouri (District) that the District’s seclusion and restraint practices violate Title II of the Americans with Disabilities Act. The District is now required to implement remedial measures to address the deficiencies and protect the civil rights of students with disabilities. According to DOJ’s Findings, the District discriminates against students with disabilities by “routinely subjecting them to ineffective seclusion practices that are highly susceptible to abuse and restraints without justification, rather than providing the interventions and supports they need to receive the education they are guaranteed by federal law.” As part of its Factual Findings, DOJ wrote, “the District treated seclusion and restraint not as crisis responses to be used in rare emergencies but as a routine response to student behavior.” Among the nine required remedial measures outlined by DOJ, the District must: end the use of seclusion and supine restraint; prohibit the use of restraint unless the student’s behavior poses an imminent danger of physical harm to the student or another person; implement policies and procedures for suicide and self-harm prevention; document all uses of restraint and review and monitor incidents to ensure compliance with state law and District policies; provide students with interventions and supports to address their behaviors; offer compensatory education to students subjected to seclusion and restraint; train personnel, and more.
In response to the DOJ’s announcement, COPAA CEO Denise Marshall stated, ”I am pleased to see the remedial steps required. As we have long advocated, including as the lead advocate for the federal Keeping All Students Safe Act (KASSA) (HR 6617/S.3448), no student should ever be subjected to the trauma of seclusion nor the harmful effects of inappropriate restraint.” COPAA urges all members to email Congress and urge support for and swift passage of KASSA.
ED Proposes Transfer of Education Safety and Foreign Aid Programs to Other Agencies
Monday, the U.S. Department of Education (ED) announced two new interagency agreements (IAAs) that will transfer foreign gift and contract reporting for certain domestic public and private institutions of higher education (IHEs) to the U.S. Department of State (State), and certain school safety, early education, full-service community schools and statewide family engagement programs to the Administration for Children and Families (ACF) within Health and Human Services (HHS). The foreign gift and contract reporting activities are required to be conducted under Section 117 of the Higher Education Act of 1965 and the School Emergency Response to Violence (Project SERV), School Safety National Activities, Ready to Learn Programming, Full-Service Community Schools, Promise Neighborhoods, and Statewide Family Engagement Centers are authorized under the Elementary and Secondary Education Act. These IAAs follow the announcement of six prior agreements last November whose finalization and details remain in flux. While the new IAAs do not directly impact the Individuals with Disabilities Education Act (IDEA), COPAA is deeply concerned with any action taken by ED that seeks to separate or shift authorized K-12 programs out of ED that supports the ecosystem of education created by Congress to support all children, including students with disabilities and their families. See COPAA’s alert urging Congress to protect children with disabilities and stop any action to dismantle ED.
Ed Department Dismissed 90% Of Civil Rights Complaints Alarming Disability Advocates
Disability Scoop
The U.S. Department of Education dismissed the vast majority of discrimination complaints it received — likely including many based on disability — all while spending millions in an effort to fire staff charged with investigating such cases. A new report from the Government Accountability Office finds that between March and September 2025, the Education Department’s Office for Civil Rights resolved more than 7,000 of the 9,000-plus discrimination complaints it received. In about 90% of cases, complaints were dismissed. At the same time, the Department of Education spent as much as $38 million to pay hundreds of staffers from the agency’s Office for Civil Rights who were on paid leave as a result of reduction in force and reorganization efforts, GAO said. The findings are especially alarming for students with disabilities, advocates say.
Education Department officials told GAO investigators that the civil rights office kept up with its workload and met its mission even while hundreds of staffers were on paid leave. But, Marcie Lipsitt, a special education advocate in Michigan who routinely helps families file complaints with the Education Department, described the Office for Civil Rights as “closed for business.” “I have heard nothing since last March, and neither have parents that I assisted with complaints,” said Lipsitt, who indicated that she has several hundred open complaints with the civil rights office.
How special educators can help students when ICE comes to town
K-12 Dive
Faced with students staying home or switching to online learning because of immigration enforcement activity, special educators are working to continue individualized services for students with disabilities who are suddenly out of the school building. “When we started even talking about a virtual learning option, it really came from a place of concern for our students and their access to education,” said Heidi Nistler, assistant superintendent of specialized services for St. Paul Public Schools in Minnesota. The district’s 33,000 general and special education students have the option to enroll in temporary virtual learning, which began Jan. 22 after Immigration and Customs Enforcement activity roiled the Minneapolis-St. Paul community. About 20% of the district’s students have opted into the temporary remote learning model.
Congress Fails to Negotiate Final Homeland Security Funding Bill
The February 13 deadline set by last week’s continuing resolution (CR) to fund the Department of Homeland Security (DHS) is expected to lapse tonight without a new spending agreement from Congress. Without a final bill or new CR, DHS is expected to shut down until a deal can be reached. Because Congress goes into a scheduled recess next week, it is unclear when a new agreement will be finalized. While DHS is the only federal agency impacted by the shutdown -as all other agencies are funded through September 30, 2026- the political and on-the-ground tensions continue to unfold. Depending on the length of the shutdown, air travel could be impacted, as the Transportation Security Administration, which handles airport security, is funded through the bill.
House Appropriations Subcommittee Holds Hearing on Science of Reading
On Tuesday, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Services (Labor-H) held a bipartisan hearing, “The Science of Reading.” Subcommittee Chairman Robert Aderholt (R-AL) used the hearing to highlight recent gains in literacy achievement in states that have adopted science of reading strategies, specifically Mississippi and Alabama. Ranking Member Rosa DeLauro (D-CT) stressed the role of the subcommittee in supporting and increasing federal investments in education research and educator preparation and professional development, as well as the Individuals with Disabilities Education Act and Title I to ensure federal dollars are used effectively to improve literacy. Witness Dr. Holly Lane, Director of the University of Florida Literacy Institute, testified to the need for federal support, including for research and educator preparation. ”Every state is attempting to improve literacy, but most don’t know where to begin,” she remarked. She added, “There is romanticism about local control of education- when there is local expertise, it works great. When there is little to no local expertise, it doesn’t work well.” She emphasized that federal research dollars through the Institute of Education Sciences (IES) largely funded the science of reading evidence base and discussed the rigorous process for awarding research dollars through IES. She stressed the importance of using evidence-based practices in educator preparation programs and highlighted the value of preparation grants supported through the Department of Education’s Office of Special Education Programs. Several Members discussed equity in literacy, from racial disparities to parents who struggle with their own literacy. Lane and others agreed that family literacy is a strong solution to create literacy-rich home environments.
To view the hearing, go here.
ED Highlights Funding Flexibility for Innovative Staffing
On Monday, the U.S. Department of Education (ED) issued a Dear Colleague letter that provides guidance to states and school districts highlighting current flexibility under the Elementary and Secondary Education Act of 1965 (ESEA). The guidance explains how Title II, Part A funds can be used to support innovative approaches to the teacher workforce, such as strategic staffing models. ED contends that these approaches aim to enhance student achievement and outcomes by strengthening support for educators and broadening instructional opportunities.
Read the press release here.
Senate HELP Committee Holds Child Care Hearing
On Thursday, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing, “Restoring Integrity: Preventing Fraud in Child Care Assistance Programs.” Committee Chair Senator Bill Cassidy, MD (R-LA), opened the proceedings by voicing concerns about fraud in child care programs, pointing to Minnesota as a “wake-up call,” and recommending safeguards against the misuse of public funds. Senator John Hickenlooper (D-CO) co-chaired the hearing for the Minority. In his opening remarks, he emphasized the chronically low pay of child care workers and cautioned against indiscriminately punishing children and educators in efforts to combat fraud. During testimony, Henry Wilde, Co-Founder and CEO of Acelero, Inc. in Madison, Wisconsin, underscored research on the importance and effectiveness of early childhood education. He argued that “the existence of bad actors” should not jeopardize overall funding, noting that fraud and abuse remain rare. Drawing from Wisconsin’s experience, he outlined a fraudulent scheme used by some providers and proposed three remedies: better coordination between child care licensing and subsidy systems, leveraging existing data to identify fraud patterns, and tying payments to objective quality measures. While committee members acknowledged the need for accountability, Senator Patty Murray (D-WA) challenged the logic of statewide funding freezes in response to isolated fraud cases. Senator Tim Kaine (D-VA) shifted the conversation’s focus from fraud prevention back to the fundamental challenge of providing accessible child care for working families. Across all witnesses and Members, there was unanimity about the value of childcare and the need to protect the system from fraud.
Access written testimony and a video of the proceedings here.
Bipartisan Group Reintroduces Foster Care Legislation
Representative Don Bacon (R-NE) and Senators Deb Fischer (R-NE) and John Hickenlooper (D-CO) reintroduced their bicameral, bipartisan bill, the Foster Care Stabilization Act (HR 7419/S. 3802). The bill intends to ensure children awaiting foster care placement have improved access to critical necessities. The bill would provide $3 million for demonstration grants to nonprofits to support staffing, supply foster youth with essential items such as clothing and food, fund abuse prevention, and response services, and deliver other emergency assistance aimed at improving safety and stability for foster youth.
Read the Foster Care Stabilization Act here.
COPAA Releases Report on Private School Choice Programs
As a thought leader committed to ensuring that students with disabilities and their families have all the information they need to make an informed choice, on Monday, COPAA released “Private School Choice Programs: Is There a Seat for Students with Disabilities?” Upon its release, Denise Marshall, COPAA CEO, commented, “The findings in 2025 remain as alarming as those we reported in prior years, most notably that private school choice programs can erode the legal protections of students with disabilities and their families. While we understand that some families want and benefit from choice programs…if we want choice to be a central part of education, it needs to work for everyone. We hope every policymaker will use our findings and recommendations to make informed decisions about expanding private school choice programs in the coming months.” The report specifically examines the implications of the rapid expansion of the private school choice movement for students with disabilities, provides updated analysis, offers key findings, and makes recommendations to policymakers and parents. Read more about COPAA’s work on private school choice and view a webinar conducted on January 27. The Senate is also conducting a hearing focused on educational choice on Wednesday, January 28 at 10:00 am ET.
Labor-H Spending Bill Primed for Final Passage, IDEA Receives $20 M Bump
As reported last week, the House and Senate appropriators reached an agreement on the final text and accompanying Joint Explanatory Statements (Statement) for the remaining spending bills for Fiscal Year (FY) 2026 which includes the Labor, Health and Human Services, Education, and Related Agencies (Labor-H) bill that funds all education programs as authorized under the Individuals with Disabilities Education Act (IDEA), the Elementary and Secondary Education Act (ESEA) and other education statutes. The Labor-H bill largely funds education, health, and early childhood programs at similar levels to FYs 2024 and 2025, to the relief of COPAA advocates and partners who were advised to brace for steep cuts to ESEA programs in particular, reflective of the Administration and House priorities. The moderate nature of the spending levels -which includes a $20 M bump to IDEA Part B- and near repudiation of the White House domestic spending recommendations reflects the need to secure bipartisan support to overcome a filibuster in the Senate. Included in the Labor-H bill is longstanding language prohibiting funding to be transferred [outside of the authorized agency] except where the transfer is authorized by an appropriations bill; and in the Education portion of the Statement there is negotiated text that expresses Congress’s concerns with Interagency Agreements that transfer key K-12 and higher education programs to agencies outside the U.S. Department of Education (ED). The Statement affirms that education funding is intended for ED and can only be transferred with the explicit permission of Congress. It goes further to request regular updates from ED about the administration of education programs. The House approved the spending package on Thursday by a 341-88 vote. Upon its House passage in conjunction with 3 additional spending bills, it was expected to sail through the Senate this week to avoid a government shutdown. However, events in Minnesota this past weekend have put the bill’s future on hold. At this writing, it is unclear what path the Senate will take as the January 30th funding deadline looms. Stride Policy has provided a comparative budget chart of education, disability, childcare, and other priorities.