Federal Legislation & News
in Special Education
Issue Brief Outlines Trans Student Rights
Titled “Get the Facts: Students’ Rights are Unconditional,” Advocates for Trans Equality (A4TE) has published a new issue brief in response to state and federal bills being proposed that run counter to trans student rights. This brief shifts the conversation about parental rights and sex-based accommodations by focusing on students’ rights under federal law and emphasizing why sex-based supports—such as using a student’s affirmed name and pronouns—are essential for the safety and well-being of transgender and nonbinary students. A4TE contends that policies requiring parental permission before schools can follow best practices or offer accommodations conflict with a school’s legal responsibilities. The brief further emphasizes that regardless of a parent’s views about their child’s identity, requiring transgender students to use bathrooms or locker rooms that do not match their gender identity increases their risk of sexual assault and violates established law. It also clarifies that prohibiting staff from using a student’s chosen name and pronouns—or requiring them to use incorrect ones—prevents educators from meeting their legal duty to maintain an environment free from sex-based harassment.
A landmark special education law is 50. Some fear for its future
NPR
Fifty years ago, just after Thanksgiving of 1975, President Gerald Ford signed the Education for All Handicapped Children Act, the landmark law that created special education as it exists today, and guaranteed all children with disabilities the right to a “free appropriate public education.” Yet, “rather than celebrating progress, we face a crisis,” warned a recent letter to Congress, signed by hundreds of disability, civil rights, and education groups. That crisis, according to the letter, is “the dismantling of the very infrastructure Congress created to ensure children with disabilities could reach their full potential.”
According to court records, the Trump administration fired 121 of 135 employees at OSERS during the recent government shutdown. “We can’t, in our wildest imagination, understand how the secretary can fulfill her obligation under the law with so few staff,” said Denise Marshall, head of the Council of Parent Attorneys and Advocates (COPAA).
IDEA turns 50 — And so did I. Only one of us is aging gracefully.
CT Examiner
This year, on November 29th, the Individuals with Disabilities Education Act—our nation’s promise to children with disabilities—turned 50. I also turned 50 in November. Unlike the IDEA, though, I did not require Congressional reauthorization to get here, though some days my knees might argue otherwise. It’s a strange feeling sharing a milestone birthday with a federal law. When IDEA was born in 1975, students with disabilities were routinely excluded from public schools. My biggest worry at the time was keeping my birthday cake intact while my older siblings plotted its early demise. Half a century later, IDEA has matured into a civil-rights cornerstone that serves approximately seven million children nationwide. And yet, like many 50-year-olds, IDEA is now experiencing what can only be described as an existential crisis. Under the current federal landscape, there is renewed talk of “letting the states decide.” As a lawyer who spends his days battling school districts that already interpret “free appropriate public education” as “the cheapest option possible,” I can assure you: shifting more control to the states is the policy equivalent of handing your 1996 Honda Civic to a 15-year-old because “they’ll figure it out.”
Federal special education staff may get their jobs back. But for how long?
NPR
The Trump administration has fired, or tried to fire, many of the federal staff at the U.S. Department of Education who manage and enforce federal disability law, though Education Secretary Linda McMahon has said federal funding for special education is not at risk. In a November op-ed in USA Today, McMahon wrote that “returning education to the states does not mean the end of federal support for education. It simply means the end of a centralized bureaucracy micromanaging what should be a state-led responsibility.” But, in interviews with 40 parents, educators, disability-rights advocates, subject matter experts and Education Department staffers, NPR heard a growing fear: that the Trump administration’s efforts to cut federal staff and oversight of special education could return the U.S. to a time, before 1975, when some schools denied access or services to children with disabilities.
The challenge of moving special education out of the Education Department
POLITICO
Advocates for children with disabilities — and even some Republican lawmakers — are warning that the federal government needs to preserve its special education programs as the Trump administration moves to dismantle the Education Department.
Education Secretary Linda McMahon has already launched plans to transfer her department’s elementary, technical, and international programs to other agencies. So far, she hasn’t moved to offload the special education programs, which are required by a 50-year-old federal law. But officials have declined to rule out transferring them in the future. That worries advocates who say the move could undermine the federal government’s ability to guarantee children with disabilities get the education they are legally entitled to receive. “While everything isn’t perfect, and many families still struggle to obtain what their children need, we’ve made huge progress in the last 50 years, and we can’t allow the clock to be turned back,” said Stephanie Smith Lee, who served as director of the Office of Special Education Programs under former President George W. Bush.
Damage to come from dismembering the U.S. Dept. of Ed
New America
The U.S. Department of Education (ED) was created to help ensure that every student has access to a high-quality public education. The Trump Administration’s decision last week to move many of our country’s core education programs to other federal agencies will severely hurt its ability to fulfill this goal. In addition to being on questionable legal ground, the administration’s six interagency agreements to “co-manage” education programs will increase inefficiency and create unnecessary confusion. Administering programs to protect students and improve their outcomes requires much more than being a “pass-through” for funding. It requires deep expertise of the evidence on what educational strategies are likely to work and which aren’t. The interagency agreements implicitly acknowledge this by requiring ED staff to provide expertise, oversight, and myriad other support functions to the four agencies where education programs will be moved (the Department of Health & Human Services, the Department of Interior, the Department of Labor, and the Department of State). The back-and-forth required between agencies to execute this plan will detract from the real work of ED, which is to protect students’ rights and provide guidance and support to states, schools, and other educational entities to ensure students have the resources to succeed.
Warren: Trump, McMahon will destroy public education | Opinion
USA Today
Shortly after she was sworn in, I invited Secretary of Education Linda McMahon to my office. I looked her dead in the eye and asked, “Now, I just want to be clear, do you think you can shut down the Department of Education?” She looked straight back at me and said, “No, I don’t have the legal authority to do that.” But here we are. It’s official: Donald Trump and Secretary McMahon are dismantling the Department of Education one piece at a time. This is, in Secretary McMahon’s words, the department’s “final mission.” The assault on the department has come in several directions. On Nov. 18, Secretary McMahon announced that she was transferring major functions of the department to four other federal agencies. This means that programs are being moved into other agencies that have no relevant expertise to be managed by people who know nothing about the issues.
Teacher shortages hinder special education progress. What are the solutions?
K-12 Dive
Special education staff turnover is a constant challenge at Godwin Heights Public Schools in Michigan. Sometimes a special education role will turn vacant just a month or six weeks after the district hired someone because they start and leave so quickly, says Derek Cooley, the district’s special education director. “We used to have staff that would spend their whole careers in special education” at Godwin Heights, Cooley says. “We just don’t see that anymore.” People often enter the special education field because they have family members with disabilities, or they come from a family of public educators, says Cooley. Throughout his own hiring history and over a 20-year education career, he’s noticed this pattern, he says. But what keeps special educators in schools “isn’t just passion,” Cooley says. “It’s also having strong mentoring and coaching, a manageable workload, and practical supports like tuition reimbursement that make the job sustainable and rewarding.”
Family of student with autism wins in the Fifth Circuit in Extended School Year case
On November 21, 2025, the United States Court of Appeals for the Fifth Circuit handed down a victory for a student with a disability. You can read the Fifth Circuit decision in North East Independent School District v. I.M. here.
In this case, the parent of a student with autism sought full-summer extended school year services (“ESY”), among other relief, to prevent her son’s documented regression during school breaks. The parent prevailed following a due process hearing, the school district appealed, and the United States District Court for the Western District of Texas affirmed.
The school district appealed the district court’s decision, and the parent again prevailed, with the Fifth Circuit finding that because the school district refused to offer full-summer ESY services, the student’s Individualized Education Program (“IEP”) was insufficiently individualized and the district therefore did not provide the student an appropriate education under the Individuals with Disabilities Education Act (“IDEA”). The Fifth Circuit noted that the school district had known the following: the student regressed during school breaks, he benefited from ESY services, half-day summer ESY services for only six weeks was too short a time period given the student’s needs, and the interruption of IEP services during breaks caused the student to regress. Specifically, there was clear evidence that he had regressed in toileting skills and experienced an increase in dangerous elopements following school breaks. The court also determined that the student’s behavioral regression outweighed the academic benefits of his IEP.
ED Moves to Transfer Programs to Other Federal Agencies, IDEA Spared For Now
On November 18, Secretary of Education Linda McMahon announced six interagency agreements (IAAs) with four agencies to “break up the federal education bureaucracy, ensure efficient delivery of funded programs, activities, and move closer to fulfilling the President’s promise to return education to the states.” The IAAs shift programs under the Elementary and Secondary Education Act (ESEA) to either the Department of Labor or Interior (for all Indian education programs). Programs authorized under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 were not included. The ESEA shift includes the administration and oversight of all ESEA funds and programs, including Titles I-IV, the Charter School Program, Statewide Family Engagement Centers, and others. When asked about the data backing both the lawfulness and strategy, the Secretary stated the IAAs are “proof of concepts.” The response from some Republicans was not positive, as Rep. Brian Fitzpatrick (R-PA) said that Congress created the Department “for very good reason,” and he “will not allow” any alteration…without transparency from Congress. [W]e cannot allow any action that weakens the safeguards, services, or opportunities that families across this country depend on.” Republican Senator Lisa Murkowski (R-AK), a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee noted that the administration’s actions are a way “to circumvent the law…simply because there are not sufficient votes in Congress to eliminate the Department.” Yet, Chairman Tim Walberg (R-MI) of the House Education and Workforce Committee praised the move. Senate Democrats, including Appropriations Vice Chair Patty Murry (D-WA), Senator Elizabeth Warren (D-MA), Senator Tim Kaine (D-VA), and others spoke out against the IAAs. With few details available, big questions remain about the IAA-related actions, including the timing and staffing of the moves. Additionally, the Department’s timing will complicate negotiations on the Fiscal Year 2026 appropriations bills given the Senate’s bipartisan language in the Labor, Health and Human Services, Education and Related Services (Labor-H) protects both ESEA and IDEA programs from being transferred out or obligated to another agency. The House bill has no such language.
COPAA and 60 civil rights allies signed a statement alerting Congress that the Department has exceeded its legal authority in the use of IAAs to move ESEA. We also continue to call upon Congress to conduct oversight hearings regarding these unlawful actions.JOIN with us and send an email to your Senators and Representative.
COPAA and CASE Issue Shared Principles to Affirm Commitment To IDEA
On November 19, COPAA and the Council of Administrators of Special Education (CASE) -along with 860 organizations and individual signers- issued a set of Shared Principles to affirm commitment to ensuring that children and youth with disabilities receive the education and support fundamental to their growth and development, and to advance policies and practices that protect the rights of children and youth with disabilities, strengthen families, and support school personnel. The Shared Principles were shared with the media and every member of Congress. COPAA members are invited to sign on to the principles until the end of the year.
House Holds Hearing on Strengthening Skills Pathways Through CTE
Last week, the House Subcommittee on Early Childhood, Elementary and Secondary Education held a hearing titled From Classroom to Career: Strengthening Skills Pathways Through CTE. Witnesses included: Dr. Deb Volzer, Vice President, Workforce Development, SME; Kristi Rice, Cybersecurity Teacher, Spotsylvania County Public Schools; Braden Goetz, Senior Policy Advisor, Center on Education & Labor; and Nicole Gasper, CEO, West Michigan Aviation Academy. In his opening remarks, Subcommittee Chair Kevin Kiley (R-CA) dispelled the idea that every student should attend a traditional college, emphasizing that college doesn’t meet the needs of many young people or the economy. He contended that while college should remain accessible, career and technical education (CTE) offers an equally valuable path toward success. Once undervalued, CTE is now recognized for preparing students for a skills-driven economy through hands-on learning in fields like engineering, health care, and trades. With employers facing millions of unfilled jobs due to skill shortages, presenters emphasized that expanding and modernizing CTE is essential for producing career-ready graduates and strengthening the nation’s economic competitiveness. Each of those giving testimony provided examples of how their programs actively lead to success in the workplace. Mr. Goetz raised the controversial and partisan issue about the recent decision to move CTE programs from within the U.S. Department of Education (ED) to Labor. Specifically, he cited that such a move will inhibit ongoing and needed cross-collaboration between CTE experts and special education experts whose work together helps states and districts improve access to youth and young adults with disabilities.
House Hearing Provides Means for Improving Youth Foster Care System
The Subcommittee on Work and Welfare of the House Committee on Ways and Means held a hearing titled: Work & Welfare Subcommittee Hearing on Leaving the Sticky Notes Behind: Harnessing Innovation and New Technology to Help America’s Foster Youth Succeed.
Speakers discussed ways to harness modern technology and innovation to help America’s foster youth succeed. Each expert stressed key points such as the potential of artificial intelligence (AI) and other technologies to strengthen personal and institutional connections, ways modernization can help ease the administrative burdens known to reduce direct contact with foster youth, and to identify, support unmet needs, and connect foster youth to necessary services.
Special educators, disability advocates form united front to protect IDEA
K-12 Dive
More than 850 local, state, and national organizations Thursday morning released a joint commitment to support federal special education law and to protest any move that separates services for students with disabilities from the U.S. Department of Education. Coalition members, who also include individual advocates, support keeping the Education Department as an independent agency that is fully staffed and funded to oversee federal laws, including the Individuals with Disabilities Education Act and Section 504. The statement comes just days after the Education Department announced it was transferring the management of six core programs to other federal agencies. Special education programming was not part of that announcement, but the Trump administration said it was still exploring that option.
The coalition is led by the Council of Parent Attorneys and Advocates, a nonprofit that works to protect the civil rights of children with disabilities, and the Council of Administrators of Special Education, a professional membership organization. The signers — who include educators, disability rights advocates, parents, attorneys, local disability organizations, and others — are uniting against what they call threats to fragment federal services for students with disabilities. COPAA CEO Denise Marshall said in the same statement, “With the current policy, funding, dismantling of the Department of Education, and other threats to the IDEA, our organizations have forged an essential partnership.”
Education Department’s role is bigger than critics realize | Opinion
USA Today
When U.S. Education Secretary Linda McMahon claimed in USA TODAY that the recent government shutdown showed “how little the Department of Education will be missed,” she overlooked the damage done to the nation’s students, especially those with disabilities, who learn and think differently. For students with disabilities, the impacts of the shutdown were real and immediate:
- Civil rights investigations were paused or delayed.
- Grant reviews and awards stalled.
- Technical assistance to states – including 18 states with new special education directors – halted at a critical moment.
These are not disposable bureaucratic tasks, as McMahon claimed. They are federal responsibilities that ensure students receive what the law promises.