Special Education
Laws & News
Across the States
WI: Elimination of U.S. Department of Education could harm disabled students, UW special education professor says
The Badger Herald
The Trump administration has targeted the U.S. Department of Education (ED) since the president’s inauguration in January and has floated its elimination. Project 2025, a federal policy agenda published by former Trump administration officials, also explicitly calls for the elimination of the ED, which distributes federal funds for special education programs and oversees states’ compliance with federal laws. University of Wisconsin rehabilitation psychology and special education professor Andrea Ruppar said the elimination of the ED would be potentially devastating to disabled students. Ruppar said moving oversight of these laws and programs to another body like the Department of Health and Human Services not only disrupts the research conducted by the USDOE on strategies for education students but would also bring some worrying implications. “When we think about kids with disabilities in schools, we think about them as learners, not as patients,” Ruppar said.
CT: Democrats announce plan to increase special education funding by $40M
CT News Junkie
Democratic leaders of both the House and Senate announced Wednesday morning that they would seek to boost special education funding by at least $40 million during the current fiscal year. “We all know that special education presents a challenge in equity for many towns, whether they be large or small, rich or poor, because we know that sometimes an expensive placement in a very complicated case can all of a sudden be the responsibility of a community that had not planned for it previously,” said Senate President Martin Looney, D-New Haven. “We know that the special education services are critical for students in order to get their footing and to be in a position to thrive. We know that all communities are challenged by this.” The additional funds would be allocated through the Excess Cost Grant Program, which covers per-pupil expenses above 4.5 times the average to educate certain special education students in the state – a total of about 4,300 youngsters out of the 91,847 special needs students in Connecticut.
FL/Multiple: Florida lawsuit sparks worries for students with disabilities
Orlando Sentinal
Florida is one of 17 states suing the federal government over changes to disability law made by the Biden administration, and parents and advocates fear the legal battle could have “catastrophic” results for some students with disabilities. At issue is Section 504 of the Rehabilitation Act of 1973, which protects people with disabilities from discrimination. The lawsuit asks a federal judge in Texas to rule Section 504 unconstitutional because of an update made by President Joe Biden’s administration that added protections for those with gender dysphoria, when a person’s gender identity differs from their sex. But some disability advocates fear that if the 17 states prevail, the impact will be felt by all students who rely on 504 plans to get accommodations, such as more time to complete tests, and not just those with gender dysphoria.
OR: Hundreds of educators and parents want to eliminate Oregon’s special education funding cap. Here’s why
OPB
When Emma Beiser testified at the Oregon State Capitol last week, she wasn’t alone. Her 5-year-old daughter, Hadley, sat beside her. Beiser traveled to Salem to testify on House Bill 2953, which would remove Oregon’s cap on special education funding. She was one of hundreds of educators, parents, lawmakers, and advocates who submitted testimony or packed in and around the hearing room on Monday to speak in favor of the bill before the House education committee. Oregon school districts receive additional money through the state’s funding formula based on how many students with disabilities they serve. But the “SPED cap,” as it’s often called, limits how much they can get. It’s been around for decades but isn’t keeping pace with the need.
TX: Hundreds protest as Texas Legislature presses forward on school vouchers
kvue.com
Hundreds of parents, teachers, and students from across Texas gathered in Downtown Austin on Saturday to rally against a plan to give taxpayer money to some Texas families for private schooling. Under House Bill 3, students in the program would receive funding for private school tuition equal to 85% of the average state and local funding public schools receive per student. The Texas Education Agency (TEA) estimated that number to be about $12,800 in fiscal year 2023. Based on that, students in the ESA program would be eligible for a little under $10,900, with the number possibly fluctuating as the average state and local funding per child changes. Up to $30,000 would be awarded to students in special education, and HB 3 would provide up to $2,000 for homeschooling. The amount of money the state spends on special education can fluctuate depending on the classroom.
UT: Assailed by worried Utahns, A.G. says disability services are safe, defends federal lawsuit over transgender rights
The Salt Lake Tribune
A lawsuit filed by 17 state attorneys general — including Utah’s — taking aim at rights for people with gender dysphoria, she and other influencers warned, could also endanger longstanding protections for people with disabilities. Utahns, afraid of what that meant for themselves and loved ones, flooded the inbox of Attorney General Derek Brown, while others demanded answers from attorneys general across the country. After days of furor online, Brown and the other states’ attorneys filed a clarification in court this week: They are not asking a judge to throw out a portion of federal law known as Section 504, which requires schools, hospitals and other places that get federal funding to protect the rights of people with disabilities. “Plaintiffs clarify that they have never moved — and do not plan to move — the Court to declare Section 504 as … unconstitutional on its face,” the filing in federal court in Texas said. Among the lawsuit’s listed demands, it asks that the court “Declare Section 504 … unconstitutional.” But Brown and other attorneys general have repeatedly insisted the lawsuit would not gut the entire section of law.
UT: Bill that would have banned seclusion in Utah schools now allows it again
FOX news 13
When Stephanie Merrill read the first substitute of a bill that would ban seclusion in Utah schools, she was “completely overjoyed.” “It took me totally by surprise,” added her husband, Craig Merrill, in a recent interview with FOX 13 News. “I thought, ‘Wow, finally somebody is speaking up and addressing an issue that needs to be addressed.’” But the couple’s initial excitement that lawmakers may move to end seclusion — a behavioral intervention used to isolate students from their peers, sometimes in a small, padded room — was quickly dampened when the bill, SB170, was amended again on the Senate floor. The current version of the bill now moving through the state Legislature allows seclusion. If approved, it would put into state law many of the same guardrails that are already in place under the Utah State Board of Education’s rules — including allowing the practice only when a child poses an imminent safety risk to themselves or others.
WV: WV lawmakers try again to address violent student behavior without mental health support, funding
West Virginia Watch
West Virginia lawmakers are trying again this year to address worsening elementary student behavior that has interrupted classroom instruction time and put some teachers in danger. The Republican-backed measure, which the House Education Committee vetted Monday, outlines a protocol for elementary educators to remove disruptive or violent students. It doesn’t come with any mental health support for children, some as young as 5 years old — an issue for educators who spoke with lawmakers on Monday. Fewer than half of the counties don’t have alternative learning centers for children who may be removed from school. “We have to find an answer,” said Del. Joe Statler, R-Monongalia. “We cannot simply stop all other education values that are going in that classroom because of one or two students.”
WI: Madison program serving Black students with disabilities may shut down
captimes.com
A nonprofit striving to close achievement gaps and reduce racial disparities in Madison schools may soon run out of money, according to the organization’s executive director. Jeffrey Lewis, who leads Natural Circles of Support, said the nonprofit’s contract with the school district ended in August. The nonprofit has since relied on money from its reserves to continue a program supporting Black students with disabilities at East High School. Lewis recently applied to an outside grant in hopes of continuing the initiative — but to no avail. He said the work could end as soon as this spring if Natural Circles is unable to secure additional funding from the school district or other community partners.
TX: Bill would require special education discussions during Texas school board meetings
Texas lawmakers are pushing to bring special education discussions into the public arena with proposed changes to service requirements. Senate Bill 568, currently under committee review, aims to reshape how school districts and open-enrollment charter schools handle matters involving students with special needs. Under current law, districts have the discretion over whether discussions about special education take place in open meetings. The proposed legislation would require school districts or open enrollment charters to include a discussion of the performance of students in special education services programs annually during public meetings.