Federal Legislation & News
in Special Education
Students, additional parents join lawsuit challenging Department of Education’s abandoning of civil rights investigations
On April 10, 2025 multiple parents and students, including COPAA members, from various states across the country have joined a federal lawsuit that seeks to restore the functions of the U.S. Department of Education’s Office for Civil Rights (OCR) and reverse recent actions that effectively eliminate OCR’s ability to process and investigate civil rights complaints, according to an amended complaint filed.
Each of the additional plaintiffs in the suit, filed by the National Center for Youth Law (NCYL) and Council of Parent Attorneys and Advocates, Inc. (COPAA), have pending claims with OCR alleging discrimination on the basis of race, sex, sexual orientation, gender identity, and/or disability. The initial lawsuit was filed March 14.
The amended complaint was filed in federal district court in Washington, D.C., on behalf of the four students and five parents now joining the lawsuit, in addition to the original two parent plaintiffs and COPAA. Following substantial cuts to OCR, the lawsuit asks the judge to order the Department to restore OCR’s capacity to fully conduct civil rights investigations as required by law, and for OCR to provide periodic updates to the court about its efforts to process and investigate civil rights complaints.
The lawsuit details how OCR effectively deserted its core function of investigating complaints from students and families who allege discrimination and/or harassment on the basis of race, sex, and disability. Since March, the agency has been devastated by mass layoffs and closures of seven out of 12 of OCR’s regional offices, which have obstructed families’ access to OCR’s complaint and investigation process.
The Department of Education has provided no information or apparent plan for how student and family rights will be protected. The plaintiffs allege that the actions of the Department of Education and OCR violate the U.S. Constitution’s Equal Protection Clause and the federal Administrative Procedure Act.
White House Directs Federal Agencies to Bypass Public Notice Process
In a memo to Federal Agency heads last week, the White House instructed agencies to undertake a 60-day review process to “identify unlawful and potentially unlawful regulations” and take immediate steps to eliminate and/or finalize rules “without notice and comment”, and where doing so is “consistent with the good cause exception in the Administrative Procedure Act that clearly exceeds the agency’s statutory authority or is otherwise unlawful.” The memo advises agencies to give priority to regulations in conflict with key U.S. Supreme Court decisions that support agencies in undertaking such efforts. The list includes the Court’s recent Loper Bright ruling, which overruled the Chevron framework. While most of the implementing regulations for Part B of the Individuals with Disabilities Education Act (IDEA) are permanently codified in federal statute, COPAA is closely monitoring the impact of the new directive on IDEA and related laws.
House ED Committee Blocks Move to Divulge ED Reorganization Plans
On Wednesday, April 9, the House Education and Workforce Committee voted along party lines to adversely report H. Res. 237, a resolution to require the Administration to provide documentation of their plans to reorganize the U.S. Department of Education (ED). The resolution instructs ED and the White House to provide all documents regarding closures, staffing reductions, and activities tied to downsizing. It also seeks ED’s plans to fulfill its obligations under the Elementary and Secondary Education Act (ESSA), the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and other relevant statutes if ED were to close. While technically not a “no” vote, an adverse report sends the resolution to the House floor with a recommendation that it should not pass.
Court Pauses ED’s DEI Directive Requiring State Certification of Compliance
On April 10, a U.S. District Court required the U.S. Department of Education (ED) to temporarily halt any action related to a directive issued on April 3. The new certification required States to sign an assurance to document that all K-12 schools comply with requirements of Title VI of the Civil Rights Act, and that “diversity, equity, and inclusion” (DEI) efforts do not exist within their curriculums in order to receive federal funding under Title I of the Elementary and Secondary Education Act (ESEA). The court’s emergency agreement pauses the new certification requirement while the legal challenge in ACLU, NEA et. al v. U.S. Department of Education continues.
Students with disabilities lost a helpful program to DOGE cuts
NPR
If you visit the website for Elon Musk’s Department of Government Efficiency (DOGE), you’ll find a “Wall of Receipts” listing more than 7,000 federal contracts it has terminated. Little detail is provided, besides the “savings” from each cancellation, and it’s hard to determine the cost or collateral damage of all these cuts. But for some families, there has been a cost. One of these programs, cancelled on Feb. 10, was called Charting My Path for Future Success. It was a research-based effort to help students with disabilities make the sometimes difficult transition from high school into college or the world of work and self-sufficiency. A U.S. Education Department spokesperson, Madi Biedermann, told NPR in a statement that Charting My Path was a research project “with questionable implementation” and that too much of the program’s $43 million cost, by DOGE’s accounting, was going to contractors, not kids. But some of the people closest to the program – families, educators, and researchers – say Charting My Path could have helped millions of vulnerable teens.
Disability Advocates Tell Appropriators: Do Not Move IDEA to HHS or Dismantle ED
On Friday April 4, COPAA along with 47 disability advocacy partners in the Consortium for Constituents with Disabilities (CCD) sent a letter to Capitol Hill asking Senate and House appropriations and authorizing committee leaders to “take no action” through the Fiscal Year 2026 appropriations bills” or through other legislative proposals to “weaken, dismantle and/or move key education programs” from the U.S. Department of Education (ED) to Health and Human Services (HHS). Specifically, the disability community told Republican and Democrat Chairs and Ranking Members that any proposal to move programs authorized under the Individuals with Disabilities Education Act (IDEA) and other education laws “segregates students with disabilities from school-based resources and support” promoting a “medical model of disability that could only lead to stigmatizing, segregating, and “othering” children with disabilities.” CCD also notes that such actions will “segregate students with disabilities from bipartisan programs authorized under [other critically important] education and career access laws…that were intentionally aligned by Congress to support educational equity and access for students with disabilities to K-16 education, career training, and employment opportunities alongside their peers.” To learn more about the Administration’s executive action proposing to move IDEA programs to HHS and to access resources, visit COPAA’s new web page.
9.5 million students with disabilities affected by Trump’s education cuts, senators warn
13newsnow.com
Virginia Senators Mark Warner and Tim Kaine have joined 19 other lawmakers in the Senate in signing a letter addressed to the U.S. Secretary of Education, expressing their concern that without the Department of Education, students with disabilities will not have access to education. The senators say to Sec. Linda McMahon that shuttering the department will “cause immense harm to all students, and especially students with disabilities,” because their families rely on federal funding for critical programs that are administered by the department. In 1979, before the Department of Health, Education, and Welfare was divided into two separate departments, findings indicated “that this department structure was inefficient and resulted in a lack of attention to public education. The Department of Education is the only agency with an existing institutional infrastructure and a staff of subject matter experts dedicated to ensuring equal educational opportunity for children and students with disabilities.”
Dems, advocates challenge Trump’s HHS move
POLITICO
President Donald Trump wants to move a crucial program for children with disabilities into the Department of Health and Human Services. Special education advocates and Democrats warn that his plan is illegal, Chelsea reports with POLITICO’s Mackenzie Wilkes. The IDEA program, which serves 7.5 million students under a decades-old law, the Individuals with Disabilities Education Act, to protect children with disabilities, was housed in the Department of Education, which Trump dismantled last month. As the Trump administration tries to find a new home for IDEA at HHS, special education advocates insist the president can’t do it without Congress’ approval. “Unless they do something illegal, they cannot just move special education to HHS,” said Stephanie Smith Lee, former director of the Office of Special Education Programs in George W. Bush’s Education Department.
‘Really scared’: Parents of kids with disabilities confront Education Department chaos
Idaho Capital Sun
As President Donald Trump takes drastic steps to dismantle the U.S. Department of Education, disability advocates are worried about whether the agency can carry out its responsibilities to serve students with disabilities. Representatives of several disability advocacy groups cited “chaos,” “fear,” and “uncertainty” in describing the situation to States Newsroom. They said there’s a lack of clarity about both proposed changes within the realm of special education services and the overall impact of sweeping shifts at the agency, calling into question whether the department can deliver on its congressionally mandated guarantees for students with disabilities. “It’s only been a few weeks since these things started happening, so I don’t think we’re seeing any of the effects trickle down right now, but we do have parents reaching out to us, calling and feeling really scared,” said Robyn Linscott, director of education and family policy at The Arc of the United States, an advocacy group for people with intellectual and developmental disabilities.
Could IEPs become more frustrating for students with disabilities?
USA today
Students with disabilities face ongoing challenges with IEPs, highlighting frustrations from parents, schools, and children. Many parents report difficulties navigating the complex and inconsistent nature of IEPs, which are intended to provide tailored educational plans under the Individuals with Disabilities Education Act (IDEA). The proposed closure of the U.S. Department of Education’s Office for Special Education Programs (OSEP could further impact support and oversight for students with disabilities, leaving many without the critical services they need.
ED Issues Guidance on Parental Rights
A Dear Colleague letter was sent on March 28th by Frank E. Miller, Jr., Acting Director of the Student Privacy Policy Office (SPPO), notifying Chief State School Officers and Superintendents of their legal obligations under the Family Educational Rights and Privacy Act (FERPA) and Protection of Pupil Rights Amendment (PPRA). The SPPO letter lists several areas of concern: parental right to inspect education records, safety of students, annual notification rights, military recruitment, and assurance of compliance. The letter indicates that some school or state policies might conflict with FERPA provisions that permit parents to review their children’s records. It emphasizes that schools creating “Gender Plans” for students must allow parents to inspect or review those documents. Additionally, SPPO guidance advises school administrators not to withhold information from parents if it identifies another student who has made death threats against their child. While parents of both students have the right to see this information, schools must avoid sharing disciplinary details unless directly relevant to both students. Schools may inform parents that measures are being implemented and can take steps to ensure student safety. Finally, the guidance reminds schools to notify parents of their rights and to provide military recruiters with greater access to student information unless parents opt out.
Access the guidance letter here.
House Hearing Focuses on AI in K-12 Classrooms
The House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, From Chalkboards to Chatbots: The Impact of AI on K-12 Education. Led by Chairman Kevin Kiley (R-CA) and Ranking Member Suzanne Bonamici (D-OR) witnesses included Dr. Sid Dorbin, Chair, Department of English, University of Florida; Dr. Julia Rafal-Baer, CEO, ILO Group; Erin Mote, CEO, Innovate EDU/EDSAFE AI Alliance; and, Chris Chism, Superintendent, Pearl Public School District. The discussion focused on the impact of artificial intelligence (AI) as witnesses highlighted the power – and pitfalls – AI will have in modern classrooms. The panel agreed that the full effect of AI on K-12 classrooms is unknown and that school leaders and educators are working to develop policies in the use(s) of and investments in AI. “We are already seeing AI widely adopted…The question is not whether students will use AI – that’s already happening. Rather, the question is how schools can support students in using AI responsibly and in unlocking its full potential to advance student achievement,” Chair Kiley said. Rep. Mike Rulli (R-OH) asked about the potential of AI to support students with disabilities and Superintendent Chism noted that AI can provide students with individualized plans far beyond K-12 classrooms that meet their needs. “…I don’t think this stops at K-12 or college. We’re going to see this moving into the business world. Knowledge is going to be something for everybody now, and I think that’s what’s changing in the world of AI,” Chism said. Erin Mote highlighted AI’s potential benefits and challenges to our education system and made policy recommendations to invest in public infrastructure for digital access; support research, development, and data; establish foundational national frameworks for safe and responsible AI; and, support AI literacy programs, for students and educators. The hearing included a few tense moments as Democrats used the platform to discuss the important role of U.S. Department of Education in helping states navigate this new technological terrain and Republicans responded that “AI will likely revolutionize the way students learn, but the federal government doesn’t need to be involved…and…as we work to disempower federal bureaucracies and strengthen families and states, Committee Republicans also stand ready to ensure AI enhances students’ learning experiences and makes American classrooms the best in the world.”
View the hearing and read the testimony here.
ED Requires States to Certify Adherence to Anti-DEI Priorities or Lose Title I funds
On Thursday, the U.S. Department of Education (ED) issued a letter to State Commissioners responsible for K-12 State Education Agencies (SEAs), instructing them to certify compliance with the Administration’s policies regarding diversity, equity and inclusion (DEI) as a condition of continuing to receive federal education formula funding available under Title I of the Elementary and Secondary Education Act. ED warned that Title I funding—aimed at schools serving low-income students—would be withheld unless officials complied with the directive. The memo requires state and local officials to sign and submit a certification letter within 10 days, despite the lack of clarity from the Administration about which programs breach its interpretation of civil rights laws, as well as an ongoing lawsuit challenging the policy’s legal credibility.
Read the certification memo here.
Administration Readies “Recission Package” to Formalize Funding Cuts
The White House’s Office of Management and Budget (OMB) has confirmed it is putting together a package of desired spending cuts for Congress, which would codify the steps taken at Agencies to shrink federal spending. Congressional appropriators have confirmed they expect the so-called rescission package, and OMB has voiced confidence that Republicans in Congress will support it. Fiscally conservative Members of Congress, including Sen. Rand Paul (R-KY), have argued that obtaining Congress’ approval would legitimize the Administration’s funding freeze mandates, which are being contested in courts nationwide. Additionally, it would support the federal downsizing initiatives led by Elon Musk as part of the new Department of Government Efficiency effort. Currently, the downsizing and funding cuts are happening despite Congress’s recent action to continue funding the federal government through September 30 at the Fiscal Year (FY) 2024 level, which does not reflect spending cuts. In addition to the rescission package, OMB is expected to release a slimmed-down FY 2026 budget request in the coming weeks. House Appropriations Committee Chair Tom Cole (R-OK) has expressed his eagerness to receive top-line spending numbers from the White House so the Committee can begin writing its bills. In anticipation of the FY 2026 budget from the President, Cole released a guidance package that informs how every Member may participate in the annual appropriations process by submitting programmatic, language, and Community Project Funding requests. Per the guidance, Community Projects (aka earmarks) will not be allowed in the House Labor-Health and Human Services, Education and Related Agencies appropriations bill.
Read the House Appropriations Committee guidance here.
COPAA Launches New Resources: Role of Executive & Legislative Branches and More
COPAA has created a new set of resources to educate and inform members about the current proposal to dismantle the U.S. Department of Education and move special education functions to the Department of Health and Human Services.