COPAA tells ED to reverse course and stop plan that destroys federally required supports for 10.25 million students

June 16, 2026

Contact: Denise Marshall, CEO denise@copaa.org

WASHINGTON, DC – In response to today’s announcement by the Department of Education (Department) to move the Office of Special Education and Rehabilitative Services (OSERS) and the Office for Civil Rights (OCR) to other federal agencies, COPAA CEO Denise Marshall made the following statement:

“We call upon the Department to reverse course on today’s announcement of disastrous plan to separate the oversight of all special education functions from K-12 education with a move to Health and Human and Services (HHS) and the move of OCR to the Department of Justice. These illegal and harmful moves are a slap in the face to the progress made in the last 50 years to move away from a medical deficit model and to combat discrimination on the basis of disability. This effort places 10.25 million children with disabilities* at great risk. COPAA believes the Department's claims that such moves will reduce red tape and better serve families and students are false.” 

The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act are specific about the requirements that must be led, directed, conducted, and overseen by the Education Secretary. With bipartisan support, Congress has consistently understood and reinforced that students with disabilities and their families must have surety that their educational access and opportunity are best served with a federal government invested in protecting them from discrimination -as required by Section 504- and in ensuring states uphold all requirements of both laws so that children with disabilities are not subjected to the political whims of any administration. Today’s announcement further reveals this administration’s continued disregard and disinterest in these children and their families as well as their disdain for the legislative branch of the federal government.  

We also call upon Congress to require the Department of Education to fulfill its obligation under federal law to protect every child by taking legislative action to prevent the unjust separation of special education from general education programs and to preserve the integrity of OCR.  Without congressional action, the administration is adding bureaucratic layers for states and schools, obfuscating their role, and creating more confusion and chaos that jeopardizes every child’s right to a free appropriate education -which schools are required to provide. All these actions unnecessarily complicate and delay access to the civil and education rights protections that the Department is obligated to fulfill.

ED and HHS Inter Agency Agreement (IAA)

OCR and DOJ Inter Agency Agreement (IAA)

* 8.2 million children (ages 3-21) are eligible under IDEA

460,000 children (ages 0-2) are eligible under IDEA

1.6 million school age children are eligible under Section 504 of the Rehabilitation Act

Source: U.S. Dept. of Ed, IDEA Sec. 618 Data, SY 2024-2025, (Feb. 2026): https://www.ed.gov/data/idea-section-618-data and Civil Rights Data Collection, U.S. Dept. of Ed.

www.copaa.org

COPAA has released a new LRE Fact Sheet to protect and advance the civil rights of students with disabilities at a moment when those rights are increasingly under threat. The right to learn alongside nondisabled peers to the maximum extent appropriate is a cornerstone of IDEA—and a core civil rights protection Congress intended when it declared that “special education can become a service… rather than a place where such children are sent.”

As efforts to oppose Diversity, Equity, and Inclusion initiatives grow, so do attempts to weaken the LRE mandate, promote segregation, and erode inclusion under the guise of “choice” or “safety.” These efforts are designed to limit civil rights protections and undermine the promise of IDEA. Advocates for education equity must continue to learn, advocate , and connect to defend LRE and ensure students with disabilities receive the inclusive, ambitious education they deserve. 

Read the LRE Fact Sheet here

What You Can Do:

• Protect Congress’s Intent — Uphold IDEA’s requirement that students be educated in the general education classroom to the maximum extent possible.

• Oppose Efforts to Weaken LRE — Challenge proposals that redefine LRE, promote segregation, or weaponize anti‑DEI rhetoric to erode civil rights.

• Advance Full Federal Funding — Demand that the federal government meet its long‑promised 40% funding commitment to prevent inequitable and unnecessarily restrictive placements.

• Train Advocates, Attorneys, and Parents — Build the skills needed to identify unlawful practices, negotiate appropriate supports, ensure inclusive IEPs, and hold districts accountable.

The LRE mandate is a civil rights mandate. Protecting it protects students. Strengthening it advances equity.

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.

COPAA thanks you in advance. Please share this news and script with others!

(Washington, DC) In light of National School Choice Week, the Council of Parent Attorneys and Advocates (COPAA) has issued the report “Private School Choice Programs: Is There a Seat for Students with Disabilities?” that specifically examines the implications of the rapid expansion of the private school choice movement for students with disabilities. Along with updated analysis, the report offers key findings and makes recommendations to policymakers and parents. 

The report finds that much is at stake for families of students with disabilities in light of the recent growth of the private school choice movement. 

Chris Roe, COPAA’s Director of State Policy and report author notes “as more states expand private school choice access to all students and, in some cases, merge existing programs designed for students with disabilities into new universal access programs, COPAA is concerned that students with disabilities, who have historically experienced barriers to participating in these programs, will be even less likely to be able to access the benefits of these programs in the future.”

COPAA found that over the past decade, private school choice programs have proliferated in the United States, altering the nation’s educational landscape and expanding the schooling options available to many students and their families. The debate over these programs has intensified as well, as the private school choice movement shifted its focus to expanding access for a much different population of students than it did previously, threatening to abandon or sharply curtail its historic focus on providing opportunities to some of our nation’s most disadvantaged students, including those with disabilities and from low-income households. 

Key Findings: 

• Private school choice programs serve more wealthy and White students, while serving proportionately fewer students with disabilities from low-income households, as well as those living in rural areas. 

• Less than 2 percent of all students with disabilities in the U.S. participate in private choice programs designed for them. Specifically, nine states offered 12 different programs that served just 135,025 students in 2024-25, representing less than 1 in 10 eligible students in those states. 

• The enrollment of students with disabilities lags non-disabled students in universal access private choice programs. 

• Private school choice programs erode legal protections for students with disabilities. Many families are not informed about the vast array of rights they may sacrifice by participating. The loss of rights has had dramatic and well documented impacts on children and families.        

• Expansion of private choice programs may undermine access and gains for students with disabilities. COPAA is concerned that historic and hard-fought gains achieved for students with disabilities, including the right to be educated in general education classrooms, may be eroded by the expansion of private choice programs. 

• Lack of evidence on student outcomes at the school, district and state level continues to hamper access to impact data and other key metrics that parents and other stakeholders want and need to make decisions and hold schools accountable. 

According to Denise Marshall, COPAA CEO: “COPAA is proud to continue in our role to highlight the voice of for children with disabilities and their families in the private school choice debate. The findings here remain as alarming as those we reported in prior years, most notably that private school choice programs erode the legal protections of students with disabilities and their families. This, combined with the push to expand programs that limit access to the general education classroom and the lack of evidence that they work for all children provide enough evidence for COPAA to maintain our opposition to private school choice programs that do not support the education and civil rights of children with disabilities. To be clear, there are families who benefit from and support choice programs. We acknowledge that truth but remain dedicated to exposing the more widespread experience for students with disabilities. We hope every policymaker will use our findings and recommendations to make informed decisions about expanding private school choice programs in the coming months.”

Roe adds that COPAA is alarmed by evidence that suggests students with disabilities may have decreased access to general education settings in private choice programs in lieu of attending more specialized, segregated school settings designed to accommodate students with special education needs. “While these options may certainly make sense for some students, history suggests these programs will increase the likelihood that students with disabilities are increasingly educated in more segregated settings,” according to Roe.

The report outlines concerns about the massive increase in public budgetary outlays required to fund universal private choice programs especially in light of the push to expand choice programs through a new federal tax credit.  Roe concludes, “These programs are creating greater pressure on the public education system to do more with less resources, even though public schools are required to provide a free and appropriate education for every student with a disability in their district.”  

The report cautions that while private school choice programs may benefit some families, the overall growth of private choice programs will undoubtedly mean that students who remain in public educational settings will have fewer resources and lower levels of services.

“Every child is entitled to be treated with dignity and respect and no child with a disability should be subjected to abusive treatment under the guise of providing educational services. It is long past time to end the use of seclusion and drastically curb restraint in public schools. COPAA continues to be on the forefront of this push and we are pleased to endorse the bipartisan reintroduction of the Keeping All Students Safe Act (KASSA) in the U.S. Congress. The federal bill would ensure K-12 schools end the use of seclusion, chemical and mechanical restraints -which are harmful practices known to disproportionately traumatize students with disabilities- and would only allow use of physical restraint under very limited circumstances. Importantly, KASSA also provides states with grants to train all school personnel in the research-based practices that support a healthy school climate for all children and adults. Thank you Rep. Beyer (D-VA), Rep. Hamadeh  (R-AZ), Rep. Scott (D-VA) and Senators Murphy (D-CT), Sanders (I-VT), and Murray (D-WA) for your leadership to end these abuses in schools. We look forward to working with you to enact KASSA so that all children are safe and protected.”

The Keeping All Students Safe Act, introduced by Rep. Don Beyer (D-VA-08), Rep. Abraham Hamadeh (RAZ-08), and Ranking Member Bobby Scott (VA-03), House Committee on Education and Workforce, alongside Sen. Chis Murphy (D-CT), Ranking Member Bernie Sanders (I-VT), Senate Committee on Health, Education, Labor and Pensions, and Vice Chair Patty Murray (D-WA), Senate Committee on Appropriations would prohibit any school receiving federal funds from secluding a child or using dangerous restraint practices. The bipartisan bill would also provide desperately needed oversight over any remaining incidences of restraining students, along with better equipping school personnel with the training they need to address school-expected behavior with evidence-based, proactive strategies. 

National Organizations Team Up to Support Children with Disabilities and Educators: ED Actions Threaten Integrated Systems Designed to Serve All Children

Printable PDF  

ACTION ALERT 

Contact your elected officials and ask them to request a hearing on closure of ED

Print a PDF of Letter

October 23, 2025

The Honorable Bill Cassidy                                                   The Honorable Bernie Sanders Chairman, Senate Health, Education, Labor                         Ranking Member, Senate Health, Education, Labor and Pensions Committee                          and Pensions Committee
U.S. Senate                                                                           U.S. Senate

RE: Executive violations of statutory requirements under the Individuals with Disabilities Education Act and the Rehabilitation Act of 1973 (as amended by the Workforce Innovation Opportunity Act)

Dear Chairman Cassidy and Ranking Member Sanders,

On behalf of the 9.5 million children, youth, and young adults with disabilities (ages 0-21)¹ and the adults eligible for vocational rehabilitation across the U.S., the undersigned organizations write to request that you conduct an oversight hearing of the Executive Branch as it actively seeks to dismantle the U.S. Department of Education (Department) and decimate implementation of key education and disability laws. Actions taken to date are of great concern, have not been approved by Congress, and create immediate risks of harm to every qualifying individual with a disability and their family.

Through Reduction in Force (RIF) actions² and incentives to exit the federal workforce, the Secretary of Education has eliminated more than half of the positions at the Department, including nearly all positions in the Office for Civil Rights, and the Office of Special Education and Rehabilitative Services, which includes the Office of Special Education Programs and the Rehabilitation Services Administration. These actions have caused instability and led to unnecessary chaos for eligible people with disabilities, families³, and educators. The Secretary’s undertakings stand in direct conflict with specific requirements under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act, which designate the Secretary of Education as the only agency head responsible for ensuring states and agencies meet the conditions and requirements under these laws.⁴

The Secretary’s actions break longstanding precedent around the Department’s statutorily required duties to provide fiscal oversight, monitoring, compliance, provision of technical assistance, and more to states, and as noted, such changes have not been approved by Congress. Given this and recent reports of the Department beginning efforts to shift responsibilities to other agencies⁵ immediate oversight by Congress is essential. The public deserves to learn how the Secretary plans to fulfill the Department’s full obligations under IDEA and other authorized disability laws.

We respectfully urge you to address our concerns with an oversight hearing as soon as possible. Sincerely,

Access Ready, Inc.

All4Ed                                                                                                                       

American Association of Colleges for Teacher Education                            

American Association of University Women                                                  

American Music Therapy Association                                                                                               American Physical Therapy Association                                                           

American Psychological Association                                                         

APTA Academy of Pediatric Physical Therapy                                                    

ZERO TO THREE

Assistive Technology Industry Association (ATIA)

Association of People Supporting Employment First (APSE)

Association of Programs for Rural Independent Living (APRIL)

Association of University Centers on Disabilities (AUCD)

Autism Society of America

Autism Speaks

Autistic Self Advocacy Network

Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD)

Clearinghouse on Women's Issues

Council for Exceptional Children Council for Learning Disabilities

Council of Administrators of Special Education
Council of Parent Attorneys and Advocates (COPAA)
Cure SMA
Deaf Equality
Disability Belongs
Disability Rights Education & Defense Fund
Division for Early Childhood of the Council for Exceptional Children (DEC)
Easterseals, Inc.
EdTrust
Education Law Center
Feminist Majority Foundation
Fighting For My Voice, LLC
Japanese American Citizens League
Learning Disabilities Association of America
Maternal Mental Health Leadership Alliance
Muscular Dystrophy Association
National Association for the Education of Young Children
National Association of Councils on Developmental Disabilities
National Association of Pupil Services Administrators
National Association of School Nurses
National Association of School Psychologists
National Association of the Deaf
National Center for Learning Disabilities
National Council of Jewish Women
National Disability Rights Network (NDRN)
National Down Syndrome Congress
National Rehabilitation Association
SPAN Parent Advocacy Network (SPAN)
Start Early
TASH
TDI4Access
The Advocacy Institute
The Arc of the United States
The American Occupational Therapy Association 
The Center for Enriched Living
The Center for Learner Equity
United Spinal Association 

Contacts:

Robyn Linscott, The Arc of the US linscott@thearc.org

Laura Kaloi, CLE/COPAA lkaloi@stridepolicy.com

Delancey Allred, Autism Society dallred@autismsociety.org

Lindsay Kubatzky, NCLD lkubatzky@ncld.org

Stephanie Flynt-McEbben, NDRN stephanie.mceben@ndrn.org

1 8 million children with disabilities are eligible under the Individuals with Disabilities Education Act (ages 0-21) at: 46th Annual Reportto Congress on the Implementation of the Individuals with Disabilities Education Act, U.S. Department of Education, (2025), and 1.6 million children are eligible under Section 504 of the Rehabilitation Act, U.S. Department of Education (2021), at: https://www.ed.gov/media/document/crdc-student-disabilities-snapshotpdf-21420.pdf

2 See: U.S. Department of Education Reduction in Force, (March 11, 2025) at: https://www.ed.gov/about/news/press-release/us-department-of-education-initiates-reduction-force, and as reported by the press at: https://www.usnews.com/news/education-news/articles/2025-10-20/impasse-at-the-education-department-where-does-it-stand-now-amid-shutdown-rifs

3 As reported in Education at Risk: Frontline Impacts of Trump’s War on Students, Senator Elizabeth Warren (July, 2025) by the Council of Parent Attorneys and Advocates, Survey of Parents, Advocates, Attorney Advocates (May, 2025) at: https://www.warren.senate.gov/imo/media/doc/education_at_risk_-_frontline_impacts_of_trumps_war_on_students.pdf

4 See: U.S.C: Title 20, Chapter 48, Subchapter II, Section 3417. Office of Special Education and Rehabilitative Services as it relates to authorized programs it oversees under 20 U.S.C Chapter 33 §§1400-1482, U.S.C. Title 29, Chapter 16, and U.S.C. Title 29 § 720, and

U.S.C. Title 29 §794.

5 Trump administration seeks to move special education to different agency, Washington Post (October 21, 2025) at: https://www.washingtonpost.com/education/2025/10/21/trump-special-education-move/

 Download the letter in PDF format

Updated: October 22, 2025

Department of Education Condemned for Ending Support for Students with Disabilities

Broad Coalition of Disability, Civil Rights, and Education Organizations Call for Reversal of Layoffs at Department of Education

Washington, D.C. – A broad coalition of national, state, and local disability, civil rights, and education organizations is sounding the alarm over sweeping layoffs at the U.S. Department of Education. These cuts have gutted key offices—including the Office of Special Education Programs (OSEP), the Rehabilitation Services Administration (RSA), the Office for Civil Rights (OCR), and the Office of Elementary and Secondary Education (OESE)—threatening decades of progress in protecting students with disabilities. 

These wholesale terminations place fundamental education laws in peril and place millions of children with disabilities at risk who receive services under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and Title IV of the Workforce Innovation and Opportunity Act. These layoffs circumvent the will of Congress and dismantle 50 years of precedent upholding rights for students with disabilities. Without personnel to oversee these laws, the Department cannot provide essential leadership, oversight, guidance, or support to states and schools—jeopardizing students’ access to a free, appropriate public education and hampering the ability of states and localities to serve all students. In addition, the terminations also threaten the vocational rehabilitation system that helps youth and adults with disabilities become employed.

This year marks the 50th anniversary of IDEA, a law that has enjoyed strong bipartisan support for five decades. Rather than celebrating progress, we face a crisis: the dismantling of the very infrastructure Congress created to ensure children with disabilities could reach their full potential, potentially catapulting them back to a time of segregation and refusal to provide educational opportunities.

The undersigned organizations urge the Administration - and call on Congress to do the same - to reverse course immediately and restore staffing and transparency at the U.S. Department of Education. Strong federal leadership is not optional—it’s a moral and legal obligation for our nation's children with disabilities.

**Signed:**

National Organizations

AACTE: American Association of Colleges for Teacher Education Access Ready Inc.

Accessible College LLC

ACVREP

Advocacy Without Borders AFSCME

AFT, AFL-CIO

All4Ed

Alliance to Reclaim Our Schools Allies for Independence America Forward

American Association of People with Disabilities

American Association of University Women (AAUW)

American Association on Health and Disability

American Association on Intellectual and Developmental Disabilities

American Civil Liberties Union (ACLU)

American Council of Blind Families

American Council of the Blind Next Generation

American Council of the Blind

America Council of the Blind American Foundation for the Blind

American Music Therapy Association

American Network of Community Options and Resources (ANCOR)

American Occupational Therapy Association

American Physical Therapy Association

American Psychological Association

American Speech-Language-Hearing Association

American Therapeutic Recreation Association

Angelman Syndrome Foundation

Applied Self-Direction

APTA Academy of Pediatric Physical Therapy

Assistive Technology Industry Association (ATIA)

Association for Education and Rehabilitation of the Blind and Visually Impaired

Association of Assistive Technology Act Programs

Association of Educational Service Agencies (AESA)

Association of People Supporting Employment First (APSE)

Association of Programs for Rural Independent Living (APRIL)

Association of School Business Officials International (ASBO)

Association of University Centers on Disabilities (AUCD)

Association of Vision Rehabilitation Therapists

Association on Higher Education And Disability (AHEAD) Attendance Works

Autism Science Foundation Autism Society of America Autism Speaks

Autistic Self Advocacy Network

Bazelon Center for Mental Health Law Beyond-Impact LLC

Black Down Syndrome Association

Blessed with Extraordinary Calculus Roundtable

Caring Across Generations CASA

CEC Division on Visual Impairment and DeafBlindness

Center for Law and Social Policy (CLASP)

Center for Public Representation Changing Perspectives

Children and Adults with Attention-Deficit/Hyperactivity Disorder

Christopher and Dana Reeve Foundation

Coalition on Human Needs

Collaborative Special Education Advocacy Common Coalition

CommunicationFIRST

Complex and Chronic Conditions, The Division for Physical, Health and Multiple Disabilities of the Council for Exceptional Children (CCC-DPHMD)

Council for Exceptional Children Council for Learning Disabilities

Council of Administrators of Special Education

Council of Citizens with Low Vision International

Council of Parent Attorneys and Advocates (COPAA)

Cure SMA

DCDT

Deaf Equality

Defense of Democracy

Described and Captioned Media Program Dicapta

Disability Belongs

Disability Rights Education and Defense Fund Disability Workforce LLC

Disabled Martial Artists Alliance

Diversability LLC

Diverse Charter Schools Coalition

Division for Communication, Language and D/HH

Division for Culturally and Linguistically Diverse Exceptional Learners (DDEL)

Division for Early Childhood

Division for Emotional and Behavioral Health (DEBH)

Division for Learning Disabilities of the Council for Exceptional Children (CEC)

Division for Research, Council for Exceptional Children

Division of International Special Education and Services Division of Leaders and Legacy

Division on Autism and Developmental Disabilities

Division on Career Development and Transition

Down Syndrome Affiliates In Action

Down Syndrome Association of Atlanta

Down Syndrome Diagnosis Network

Down Syndrome Achieves Easterseals, Inc.

EDGE Partners

EdTrust

Educating All Learners Alliance

Education Law Center

Education Reform Now

Educators for Excellence

Epilepsy Foundation of America

FASD United

First Focus on Children

Foundation for Angelman Syndrome Therapeutics

FullScale

GLSEN

Griffin-Hammis Associates Healthy Schools Campaign

Hearing Loss Association of America Inclusive Development Partners (IDP)

Innovations in Special Education Technology: Division of Council for Exceptional Children (CEC)

International Council on Development and Learning

Joint National Committee for Languages

KIPP Foundation

Lakeshore Foundation

LearnerStudio

Little Lobbyists

Low Vision Technology

Made for Math

MomsRising

Muscular Dystrophy Association

NAACP

National Alliance for Partnerships in Equity (NAPE)

National Association for College Admission Counseling

National Association of Councils on Developmental Disabilities

National Association of County Behavioral Health and Developmental Disability Directors

National Association of Private Special Education Centers (NAPSEC)

National Association of Pupil Services Administrators

National Association of School Psychologists National Association of Social Workers

National Association of Statewide Independent Living Councils (NASILC)

National Association of the Deaf

National Black Child Development Institute (NBCDI)

National Center for Learning Disabilities

National Charter Collaborative

National CMV Foundation

National Coalition of State Rehabilitation Councils

National Consortium for Physical Education for Individuals with Disabilities (NCPEID)

National Council for Languages and International Studies

National Council of Jewish Women

National Council of Teachers of Mathematics

National Council on Independent Living National DeafBlind Coalition

National Disability Action

National Disability Institute

National Disability Rights Network (NDRN)

National Down Syndrome Congress

National Down Syndrome Society

National Education Association

National Family Association for DeafBlind

National Federation of the Blind

National Health Law Program

National Parents Union

National Parents Union National PLACE

National Rehabilitation Association

National Rural Education Association

National School Climate Center

National Women's Law Center

Network of Occupational Therapy Practitioners with Disabilities & Supporters (NOTPD)

New America, PreK-12 Programs

New Disabled South

Orientation and Mobility Specialist Association OT Leaders & Legacies Society

Parents for Public Schools

Pennsylvania Division for Early Childhood of the Council for Exceptional Children Prevent Blindness

School Social Work Association of America

SchoolHouse Connection

SELF - Special Education Leader Fellowship

Southeast Asia Resource Action Center (SEARAC)

SPAN Parent Advocacy Network, Inc.

Special Education Equal Development Society (SEEDS)

SPEDucator Solutions

Success Beyond Sight TASH

TDIforAccess

Teach Plus

Teacher Education Division of the Council for Exceptional Children

The Ability Challenge

The Advocacy Institute

The Arc of the United States

The Association for the Gifted- Council for Exceptional Children

The Carroll Center for the Blind

The Center for Enriched Living The Center for Learner Equity

The Coelho Center for Disability Law, Policy, and Innovation

The Division of Evaluation and Assessment for Learning (DEAL)

The Education Policy & Practice Group, LLC

The Gibney Family Foundation

The Hussman Institute for Autism

The National Alliance to Advance Adolescent Health

The National Association for Down Syndrome

The National Association of Federally Impacted Schools (NAFIS)

The National Catholic Board on Full Inclusion

The Neurodiversity Alliance

The Partnership for Inclusive Disaster Strategies

The Sibling Leadership Network (SLN)

Touch the Future Inc

Tourette Association of America TSC Alliance

UnidosUS

United Spinal Association

United States International Council on Disabilities

University of Massachusetts Center for Educational Assessment VisionServe Alliance

WID

Yes! Access ZERO TO THREE

Alabama Association of School Psychologists

Alabama Disabilities Advocacy Program

Coastal Alabama Down Syndrome Society

Down Syndrome Alabama

The Arc of Alabama

Alaska Down Syndrome Network

Alaska School Psychologists Association

Stone Soup Group

The Disability Law Center of Alaska

Arizona Association of School Psychologists Arizona Council for Exceptional Children (AZCEC)

Arizona Statewide Independent Living Council

Bridge the Gap Advocacy

Disability Rights Arizona Loving Speech Center

Native American Disability Law Center

Save Our Schools Arizona

Statewide Independent Living Council of Arizona

The Arc of Arizona

The Arc of Tucson

Arkansas Advocates for Children and Families

Arkansas Down Syndrome Association

Disability Rights Arkansas

Anderson Valley Unified School District Arcohe Union School District

Autistic Women's Alliance

Belmont-Redwood Shores School District Black Educator Advocates Network

Butte County SELPA

Cabrillo Unified School District

California Alliance of Child and Family Services

California Association of O&M Specialists-CAOMS

California Association of School Psychologists

California Council for Exceptional Children

California Down Syndrome Advocacy Coalition

Carmel Unified School District

Center of Vision Enhancement

Club 21 Learning and Resource Center

Coalition for Adequate Funding for Special Education

Disability Rights California

Down Syndrome Association of Central California

Down Syndrome Association of Orange County

Down Syndrome Association of San Diego

Down Syndrome Connection of the Bay Area

Down Syndrome Foundation of Orange County

Down Syndrome Information Alliance

Elk Grove Unified School District Families In Schools

Fort Bragg Unified School District

Gilroy Unified School District

Gonzales Unified School District

Independent Living Resource Center

SF Infant Development Association of California

Inland Valley Down Syndrome Association

Jefferson Elementary School District (San Mateo County)

Kern Down Syndrome Network

Le Grand Union High School District Lighthouse for the Blind and Visually Impaired

Marin Center for Independent Living

Marin County SELPA

Member of Mendocino County Community Advisory Committee

Mendocino County SELPA

Merced County Office of Education

Merced Union High School District

Mid-Alameda County SELPA

Monterey County Office of Education

Monterey County Special Education Local Plan Area

Monterey Peninsula Unified School District

North Monterey County Unified School District

North Santa Cruz County Community Advisory Committee

North Santa Cruz County SELPA

Occupational Therapy Association of California (OTAC)

Parents Helping Parents, Inc.

Resources for Independence Central Valley

Rolling Start, Inc.

Center for Independent Living

San Ardo Union Elementary School District

San Lorenzo Valley Unified School District

San Luis Obispo County SELPA

San Mateo County SELPA

Santa Barbara County Education Office

Santa Barbara County Special Education Local Plan Area

Santa Clarita Valley SELPA

Santa Cruz City Schools

Saugus Union School District

Scotts Valley Unified School District

Service Center for Independent Life

Solano County Special Education Local Plan Area

South East Santa Clara SELPA

South Monterey County Joint Union High School District

South Orange County SELPA

Sulphur Springs Union School District

Support for Families of Children with Disabilities

Tehama County Special Education Local Plan Area (SELPA)

The Arc of California

The San Diego Center for the Blind Tri-Valley SELPA

Ukiah Unified School District

Washington Union Elementary School District

West Contra Costa Unified

Willits Unified School District

Yuba County Office of Education

Collaborative for Exceptional Education

Colorado Association of the Deaf

Disability Law Colorado

Occupational Therapy Association of Colorado

Rocky Mountain Down Syndrome Association

The Arc - Jefferson, Clear Creek & Gilpin Counties T

he Arc Arapahoe, Douglas & Elbert Counties The Arc of Adams County

The Arc of Aurora

Center for Children's Advocacy

Connecticut Association of School Psychologists ConnOTA

Disability Rights Connecticut Nonprofits Counsel

The Arc Connecticut

The Down Syndrome Association of Connecticut

Children’s Law Center

DC Special Education Cooperative

Down Syndrome Network of Montgomery County,

MD National Children's Center (NCC)

Nonprofits Counsel

Choices For Community Living, Inc.

Delaware Association of School Psychologists

Delaware Developmental Disabilities Council

Delaware Governor's Advisory Council for Exceptional Citizens (GACEC)

Delaware Occupational Therapy Association

Delaware Statewide Independent Living Council

Disability Rights Delaware of Community Legal Aid Society, Inc.

Down Syndrome Association of Delaware

Parent Information Center of Delaware State Council for Persons with Disabilities

The Arc of Delaware

Down Syndrome Association of Central Florida

Down Syndrome Foundation of Tallahassee

Manatee County Council of the Blind

Dan Marino Foundation

Disability Rights Florida

Down Syndrome Foundation of Florida

Families for Strong Public Schools

Florida Association of School Psychologists (FASP)

PROJECT Saint

Parent Education for Exceptional Children

Georgia Coalition for Equity in Education (GCEE)

Georgia Association of School Psychologists

Georgia Council of Exceptional Children

Parent to Parent of Georgia Inc

Hawai`i Association of School Psychologists

Hawaii Disability Rights Center

Occupational Therapy Association of Hawaii

Exceptional Child Center, DBA Center for Independent Living

Disability Rights Idaho

Gem State Developmental Center

Idaho Council for Exceptional Children

Idaho Families of Adults with DisAbilities, Inc.

Idaho State Independent Living Council

Connections Day School DGCKids

Down Syndrome Association of Greater St. Louis

Easterseals Serving Chicagoland and Greater Rockford

Esperanza Community Services

Illinois Valley Center for Independent Living

IMPACT CIL

Kids First Chicago

Streamwood Behavioral Health Systems Innovations Academy

The Montessori School of Englewood

Access Living Advance Illinois

Illinois Alliance of Administrators of Special Education

Illinois Division for Early Childhood of the Council for Exceptional Children Illinois Families for Public Schools

Illinois School Psychologists Association (ISPA)

Illinois State University

Legal Council for Health Justice

Start Early Illinois

Supporting Illinois Brothers and Sisters

The Arc of Illinois

The Statewide Independent Living Council of Illinois

Down Syndrome Association of Northeast Indiana

Experienced Educators of East Central Indiana

American Council of the Blind of Indiana

Indiana Association of School Psychologists

Indiana Coalition for Public Education

Indiana Council for Exceptional Children

Indiana Disability Rights

Indiana Division for Early Childhood of the Council for Exceptional Children

Indiana Occupational Therapy Association

VIPS (Vision Interventions and Parental Support)

The Arc of East Central Iowa

The Arc of Southeast Iowa

Disability Rights Iowa

Easterseals Iowa

Iowa School Psychologists Association

Iowa Statewide Independent Living Council

The Arc of Iowa

Down Syndrome Innovations

Targeted Case Management of Kansas, LLC

Disability Rights Center of Kansas

Kansas Association for the Blind and Visually Impaired, Inc.

Kansas Division for Early Childhood

Greater Louisville Council of the Blind

Center for Accessible Living

Department of Kinesiology and Health Promotion/University of Kentucky

Down Syndrome of Louisville

Kentucky Advocates for Inclusion & Accessibility

Kentucky Council for Exceptional Children

Kentucky Council of the Blind

Kentucky Division for Early Childhood

Kentucky Protection and Advocacy

PAIMI Council of Kentucky

South Central Kentucky Council of the Blind VIPS (Vision Interventions and Parental Support)

St Bernard Public School District

Disability Rights Louisiana

Louisiana School Psychological Association

Louisiana Statewide Independent Living Council

Disability Rights Maine

Maine Association of School Psychologists (MASP)

Maine Parent Federation

Arts Every Day, Inc.

Beacon Education Solutions

Brown on the Spectrum Charting the Course

Down Syndrome Association of Southern Maryland

Down Syndrome Network of Montgomery County, MD

Enhancing Your Strengths

Gaithersburg HELP

Montgomery County Federation of Families for Children's Mental Health, Inc

Office of Deaf & Disability Ministries Archdiocese of Washington

Parents Helping Parents Together, Inc

Parents of Children with Down Syndrome (PODS) of Prince George's Co.,

MD Partnership for Extraordinary Minds (xMinds)

Speech Garden

The Arc Montgomery County

The Arc Prince George's County

Transition Work Group (TWG)

Arts Education in Maryland Schools (AEMS)

Autism Society of Maryland

Choice and Control Inc.

Disability Rights Maryland

Down Syndrome Association of Maryland

Ethiopian Eritrean Special Needs Community Inc.

Maryland Alliance for Racial Equity in Education

Maryland Center for Developmental Disabilities at Kennedy Krieger Institute Maryland

Citizens for the Arts

Maryland Dance Education Association

Maryland Down Syndrome Advocacy Coalition

Maryland Education Coalition (MEC)

Maryland Inclusive Housing

Maryland Out of School Time Network

Maryland School Psychologists' Association Political Action Committee Maryland School Psychologists’ Association

Maryland Theater Education Association National Children's Center (NCC)

SEEC

Strong Schools Maryland

The Arc Maryland

The Parents' Place of MD

Associates for Human Services

Incompass Human Services, Inc.

Lifeworks, Inc.

AFT Massachusetts

Bay Cove Human Services

Disability Law Center

Federation for Children with Special Needs, Inc.

Massachusetts Down Syndrome Congress

Massachusetts Early Intervention Consortium

Massachusetts School Library Association (MSLA)

Massachusetts School Mental Health Consortium

Massachusetts School Psychologists Association

Massachusetts Speech-Language Hearing Association

National Association of Social Workers, Massachusetts Chapter

Nonprofits Counsel

The Arc of  Massachusetts

Thom Child and Family Services

Down to Defend, Michigan

The Arc Community Advocates

The Arc of Macomb County, Inc.

Disability Rights Michigan

EdTrust-Midwest

Michigan Association of School Psychologists

Michigan Council for Exceptional Children

Michigan Division for Early Childhood of the Council for Exceptional Children

Michigan Statewide Independent Living Corporation

The Arc Michigan

Down Syndrome Association of Minnesota

EdAllies

Minnesota CEC

Minnesota Disability Law Center

Minnesota School Psychologist Association

PACER Center

Irby Psychological Services

Pine Belt Down Syndrome Outreach

Disability Rights Mississippi

Mississippi Coalition for Citizens with Disabilities

Mississippi Down Syndrome Advocacy Coalition

DGCKids

Down Syndrome Association of Greater St. Louis Down Syndrome Innovations

St. Louis Arc

The Farmer's House

Missouri Council for Exceptional Children

Missouri Statewide Independent Living Council

The Missouri Occupational Therapy Association (MOTA)

Ability Montana

Summit Independent Living

Disability Rights Montana

Montana Association of School Psychologists

Down Syndrome Alliance of the Midlands

Down Syndrome Association for Families

American Council of the Blind of Nebraska

Disability Rights Nebraska

Down Syndrome Advocates in Action

Nebraska Nebraska Occupational Therapy Association

Nebraska School Psychologists Association Stand For Schools

Children’s Advocacy Alliance

Down Syndrome Connections Nevada

Nevada Council of the Blind

Nevada Disability Advocacy & Law Center

Nevada Occupational Therapy Association

Easterseals NH

ABLE New Hampshire

Disability Rights Center - New Hampshire

Engage New Hampshire

Kent Street Coalition

New Hampshire Assoc of Special Education Administrators

New Hampshire Council on Developmental Disabilities

New Hampshire Occupational Therapy Association

NH General Court

NH Universal Changing Stations Alliance Strategies for Disability Equity

Association for Special Children and Families

Down Syndrome Association of Southern New Jersey

Mercer County Association of the Blind

ASAH

Disability Rights New Jersey Family Voices NJ

New Jersey Association of School Psychologists

New Jersey Council for Exceptional Children

New Jersey Division of Early Childhood

NJ Community Schools Coalition

Our Children Our Schools New Jersey

Save Our Schools NJ

Native American Disability Law Center

Rio Grande Down Syndrome Network

Disability Rights New Mexico

New Mexico Association of School Psychologists

Advocacy and Resource Center

Advocates for Children of New York

AHRC Nassau

Arc GLOW

Arc Herkimer

Arc Mid-Hudson Arc of Onondaga

ARC of Rockland

Bronx Developmental Center Chapter of the Arc

New York Bronx Developmental Disabilities Council

Brookville Center for Children's Services

Camp Abilities Saratoga, Inc.

Catalyst for Transformative Change

Chautauqua County Chapter, NYSARC, Inc. dba The Resource Center Clinton ARC

Coarc INCLUDEnyc

Liberty ARC the Montgomery County Chapter NYSARC, Inc. Living Resources Corp.

Metropolitan Parent Center, Sinergia Inc Nysarc/glowarc

Parent Network of WNY

People’s Arc of Suffolk

The Arc Chemung Schuyler

The Arc Erie County New York

The Arc GLOW

The Arc Greater Hudson Valley

 The Arc Jefferson - St. Lawrence

The Arc of Delaware County (NYS)

The Arc of Monroe

The Arc of Rensselaer County

The Arc Ontario

The Arc Otsego

The Arc Rockland

The Collaborative for Inclusive Education Ulster County

Children’s Advocacy Network VIA (Visually Impaired Advancement)

Long Island Advocacy Center ACCES-VR

AHRC NYC

Association for Vision Rehabilitation and Employment, Inc.

Brain Injury Association of New York State

BRIDGES - Rockland Independent Living Center, Inc.

Cerebral Palsy Associations of New York State

Disability Rights New York

Inclusion Drives Equity

New York Association of School Psychologists (NYASP)

New York State Council for Administrators of Special Education

New York State Council For Exceptional Children

Nonprofits Counsel

NYSARC Inc., Warren, Washington and Albany Counties Chapter Rural Schools Association of New York

The Adirondack Arc

The Arc New York

 The Arc Oneida-Lewis

The Arc Westchester

The Voices For The Medically Fragile of New York

Autism Kids

Down Syndrome Network of Onslow and Carteret Counties (DSNOCC)

FIRSTwnc

Disability Rights North Carolina

North Carolina Down Syndrome Alliance

North Carolina Occupational Therapy Association

Parents for Public Schools of Pitt County

The Arc of NC

The Arc of Cass County

Designer Genes of North Dakota

North Dakota Association of the Blind, Inc.

North Dakota Occupational Therapy Association

North Dakota Protection & Advocacy Project

Columbus Education Justice Coalition

Down Syndrome Association of Greater Cincinnati 

Down Syndrome Association of Northeast Ohio

Erase the Space

Inclusion Advocates, Inc.

Mid-Ohio Board for an Independent Living Environment (MOBIE)

Southeastern Ohio Center for Independent Living

American Council of the Blind of Ohio Central Ohio Rank and File Educators

Disability Rights Ohio

ElevateDD

Honesty for Ohio Education

Independent Living Center of North Central Ohio

Linking Employment, Abilities & Potential

MOBILE Independent Living

Ohio Equal Rights

Ohio Occupational Therapy Association

Ohio School Psychologists Association

Ohio Statewide Independent Living Council

Ohio Subdivision of the Division for Early Childhood of the Council for Exceptional Children

The Arc of Ohio

Dynamic Independence

Down Syndrome Association of Central Oklahoma

Oklahoma Disability Law Center

Oklahoma Statewide Independent Living Council

The Arc of Oklahoma

HASL Center for Independent Living

Lane Independent Living Alliance (LILA)

Disability Rights Oregon

North Clackamas School District

Occupational Therapy Association of Oregon

Oregon Chapter of Division for Early Childhood of the Council for Exceptional Children

Oregon Council for Exceptional Children

Oregon SILC

The Oregon School Psychologists Association (OSPA)

Beaver County Association for the Blind 

Golden Triangle Council of the Blind Montgomery County

Association for the Blind Montgomery Theater

Sights for Hope

The Arc Alliance, Pennsylvania

The Arc Erie County, PA

The Arc of Greater Pittsburgh

The Arc of Philadelphia VisionCorps

Association of School Psychologists of Pennsylvania

Education Voters of PA

Parent Education and Advocacy Leadership (PEAL) Center

Pennsylvania Association for the Blind

Pennsylvania Council Of The Blind

Pennsylvania Down Syndrome Advocacy Coalition

Pennsylvania Occupational Therapy Association

The Arc of Pennsylvania

University of Pittsburgh/LEND Center on Disabilities

Venango County Association for the Blind

Office of Protection and Advocacy for Persons with Disabilities in Puerto Rico (PR P&A)

IN-SIGHT

National Association of Social Workers, Rhode Island Chapter RIOTA

South Carolina

The Arc of Horry Able South Carolina

Disability Rights South Carolina

Family Connection of South Carolina

S.C. Appleseed Legal Justice Center

SC Partnership of Disability Organizations

South Carolina Association of School Psychologists

South Carolina Occupational Therapy Association

The Arc of South Carolina

The South Carolina Human Services Providers Association

Disability Rights South Dakota

South Dakota Parent Connection Inc.

The McGovern Center at Dakota Wesleyan University

Alcoa Blount County NAACP

Down Syndrome Association of Memphis and The Mid-South Down Syndrome Association of Middle Tennessee

Statewide Organizing for Community eMpowerment (SOCM), Tennessee Council for Exceptional Children

Tennessee Occupational Therapy Association

The Statewide Independent Living Council of Tennessee - SILCTN

Down Syndrome Association of Central Texas

Down Syndrome Association of Houston

Down Syndrome Guild of Dallas

The Arc of Greater Beaumont

The Austin Council of the Blind

All Blind Children of Texas

Alliance of and for Visually Impaired Texans

Braille Revival League of Texas

Children's Disabilities Information Coalition-Community Parent Resource Center (TX-CPRC)

Coalition of Texans with Disabilities

DBMAT - Deafblind Multihandicapped Association of Texas

DeafBlind Community of Texas

National Association of Social Workers Texas

Texas Association for Education and Rehabilitation of the Blind and Visually Impaired (TAER)

Texas Association of School Psychologists

Texas Council of Administrators of Special Education 

Texas Occupational Therapy Association

The Arc of Texas

Disability Law Center of Utah

Utah Association of School Psychologists

Utah Council for Exceptional Children (CEC)

Utah State University Institute for Disability Research, Policy & Practice

Disability Rights Vermont

Vermont Association for the Blind and Visually Impaired

Vermont Association of School Psychologists

Vermont Council for Exceptional Children

The Arc of Southside

The Arc of the Piedmont

Disability Law Center of Virginia

Virginia Academy of School Psychologists (VASP)

Virginia Council for Exceptional Children

Virginia Division on Career Development and Transition

Virginia Down Syndrome Association

Washington

The Arc of King County

The Arc of Snohomish County

Disability Rights Washington

League of Education Voters

The Arc of Washington State

Washington Association of School Administrators

Washington State Association of School Psychologists (WSASP)

West Virginia

Down Syndrome Network of West Virginia

TEAM for West Virginia Children

West Virginia Occupational Therapy Association

Wisconsin

Oregon (WI) Area Progressives

The Arc of Dane County Compass IL

Disability Rights Wisconsin

Down Syndrome Association of Wisconsin InControl Wisconsin

Learn In My Shoes

Survival Coalition of Wisconsin Disability Organizations

The Arc Wisconsin

Vision Forward Association

Wisconsin Alliance for Excellent Schools

Wisconsin Board for People with Developmental Disabilities

Wisconsin Education Association Council

Wisconsin Family Assistance Center for Education, Training, and Support

Wisconsin Public Education Action

Wisconsin Public Education Network

Wisconsin School Psychologists Association

Wyoming

Deaf Intervention Services, LLC

Protection & Advocacy System, Inc,

Wyoming Wyoming School Psychology Association

Wyoming SILC

Below is a short Frequently Asked Questions (FAQ) highlighting the role and purpose of OSERS/OSEP:

FAQ:

Q: Why protect an agency that could or should be doing more to ensure that IDEA, Section 504 and other laws are followed?

A: There is definitely room for improvement; however, that cannot happen without staff knowledgeable about the laws and with the expertise to support state implementation as the laws require. 

FACTS:

• This dramatic change in staffing levels effectively shutters the agency. OSERS cannot operate and fulfill its statutory function with fewer than five staff.
• Only Congress has the authority to authorize these changes to IDEA, and Congress did not authorize these firings. 
  

Q. What are the types of critical functions carried out by OSEP?

A: OSEP acts as both a funding agency and compliance overseer; it is central to turning IDEA’s promises into reality.

FACT: Congress enshrined OSEP into the law i n response to advocates, families, and persons with disabilities request that federal oversight was in place. The office helps ensure that no child is excluded and that all children can learn and thrive.

Q:  What are some examples of what OSEP does?

A1: OSEP provides grant management and oversight of billions of dollars sent to states for all parts of IDEA funded by Congress. 
                                                                         
Staff review grant applications, monitor spending, and ensure compliance. Without this work:

• funds may be delayed, misallocated, or misused.
• States or districts may not have access to critical funding; and/or
• there may be corrupt or ineffective use of funds.
  

Result: States and districts cannot hire, train, and provide the services children are obligated to receive.

A2: OSEP provides required technical assistance (TA) to States not meeting requirements of IDEA. Staff oversee TA provided by experts in the field who help States come into compliance on essential requirements such as:  \

• Use of evidence-based and inclusive practices to promote student achievement and assume Least Restrictive Environment (LRE) is the general classroom
• Provide access to accessible classrooms, materials, assessments and assistive technology for students, teachers and families

Result : Lack of access to FAPE in the LRE for children.

A3: OSEP collects data required to be reported by States and districts , which we need for transparency, for targeted TA, and to understand the status of children with disabilities.

Staff oversee data collection, analysis and reporting to:

• determine State compliance with the law,

Help target TA and other and other resources. 
                                                                   
Result : States and districts will lose both oversight and support which can lead to lack of access for students.

Why This Matters to Families and the Community
                                                                        
Students lose protections and supports                   
Without robust OSEP, the promise of a "free appropriate public education in the least restrictive environment” can become more tenuous, depending on the willingness or capacity of individual states or districts to honor it. 
                                                                                          
Financial and economic impact                             
Billions in federal special education and early intervention funding to states and localities are at risk. When those dollars shrink or become harder to access, state and local budgets often make up the difference (or cuts happen) — which may reduce staff and services. 
                                                                            
Loss of equity and civil rights                                       
Disability rights and inclusive education are foundational to a just society. Weakening the mechanisms that enforce these rights undermines not only individual children but the broader ideal that public education should serve all children.
                                                                      
Erosion of trust and stability                                        
Families, advocates, and education professionals depend on reliable federal support and oversight. Sudden disruption introduces uncertainty, legal battles, and inconsistency from district to district.
                                                                    
Universal stakes                                                        
Disabilities are not rare. In any given classroom, a non-trivial share of students —approximately 15% —receive some form of special education services, specialized instruction and support. A rollback of protections impacts many communities — urban and rural, wealthy and underserved, as well as tightly resourced and weaker districts alike.

March 20, 2025

Media Contact: Denise Marshall, CEO denise@copaa.org

Washington DC– In response to the White House issuing an executive order (EO) calling for the Secretary of Education to develop a plan to dismantle the Department of Education (ED), Denise Marshall, CEO, Council of Parent Attorneys and Advocates (COPAA) issued the following statement:

“COPAA opposes the executive action calling for a plan to dismantle the Department of Education. Rather than directing precious federal resources towards blowing smoke and creating chaos, we urge Secretary McMahon to work within ED and with us to better support the 9.5 million* children with disabilities and their families. States already have education authority. If the Secretary moves forward to try to dismantle ED, every child with a disability stands to be harmed when federal funding is separated from key federal requirements, when federal oversight of discrimination in education is obliterated, and when investments in education research, technical assistance/training and data collection and transparency in outcomes for children no longer exist. There are many ways to change a structure, but the only way that can be successful is through careful planning. No evidence of that has been presented.”

Students with disabilities are served by all education laws and any executive action aiming to purport that you can separate the essential purposes and funding of [each] statute is dishonest. Our children are not a monolith and they do not go to school siloed from their peers. In fact, the Individuals with Disabilities Education Act (IDEA) requires that students receive their education in the least restrictive environment (which the law defines as the regular classroom alongside peers without disabilities) unless removal is determined necessary by the parent and the others on the Individualized Education Program (IEP) team. A plan to dismantle ED also disrespects  bipartisan leaders in Congress who worked with the stakeholders to conscientiously align education, disability and civil rights laws to support the educational success of disabled children from birth to adulthood. In addition to IDEA, the Every Student Succeeds Act (ESSA),  Section 504 of the Rehabilitation Act, additional education laws housed at ED -that integrate funding and programs for students with disabilities- include Title IV of the Workforce Innovation and Opportunity Act (for vocational rehabilitation and access to competitive integrated employment), the Carl D. Perkins Act (for apprenticeships and career and technical education), and the Higher Education Act (for access to TRIO and other postsecondary education opportunities). 

“COPAA does not support the Administration’s shortsighted vision to dismantle ED. Doing so will significantly harm students with disabilities and limit their access to education, career training, and employment opportunities. We took action against the decimation of the Office for Civil Rights (OCR) within ED and we stand ready to take any action necessary to help the Administration and Congress support all aspects of federal education, disability and civil rights statutes and to work to find improvements and solutions that meet the needs of all our children and their families.”

*8 million with disabilities (aged 0-21) are served under the Individuals with Disabilities Education Act. 1.5 million K-12 students are served under Section 504 of the Rehabilitation Act.

COPAA is an unparalleled peer-to-peer network that enables parents, family members, attorneys, special education advocates and related professionals engaged in protecting the legal and civil rights of students with disabilities and their families to share strategy, connect with other professionals and be on the cutting edge to protect rights, create opportunities and change lives.

www.copaa.org

The National Center for Youth Law (NCYL) and the Council of Parent Attorneys and Advocates (COPAA) condemned the Senate’s confirmation Monday of Linda McMahon as the nation’s next Secretary of Education. Secretary McMahon has publicly voiced her support for dismantling the Department of Education, actions that would imperil public education and jeopardize the civil rights and educational opportunities of all students across the country. 

“Linda McMahon’s confirmation is a troubling development that will undermine the government’s commitment to public schools — institutions that have long served as beacons of opportunity for all of America’s children and are foundational to our nation’s social compact,” said Shakti Belway, NCYL's Executive Director. “Our children deserve a Department of Education that actively supports every student’s right to learn. If it fails to uphold its legal obligations, we will not hesitate to use every tool at our disposal to defend the well-being of children.” 

“We are deeply concerned about the impact on students, especially the anticipated rollback of civil rights protections and changes in federal funding practices that will surely wreak havoc on the school systems that provide educational access and opportunity for millions of children with disabilities,” added Denise Marshall, CEO of COPAA.  “At a time when many schools are already under-resourced, the stakes could not be higher. The focus now should be on how to improve, not dismantle, education.”

NCYL and COPAA have taken immediate action by filing Freedom of Information Act (FOIA) requests seeking records that pertain to recent troubling changes at the Department of Education. These changes include the firing of key agency staff, the cancelation of important educational contracts, and disruptions within the Department’s Office for Civil Rights. The FOIA requests reflect NCYL’s commitment to transparency and to ensuring that federal education policies protect the rights of students, including those in high-poverty schools, students with disabilities, and students who rely on civil rights enforcement to access public education services.  Given these changes, NCYL and COPAA have also requested an urgent meeting with Acting Assistant Secretary for Civil Rights Craig Trainor.

###

The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit www.youthlaw.org.

It is clear from the Senate hearing that Ms. McMahon lacks essential knowledge of crucial laws such as the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Elementary and Secondary Education Act (ESEA). Her disturbingly vague answers about the purpose of these laws combined with the proposal to move IDEA’s functions to the nation’s health agency, demonstrates both her lack of expertise and willingness to wreak havoc on the school systems that provide educational access and opportunity for millions of children with disabilities in thousands of school districts across the U.S. The focus should be on how to improve, not to dismantle education. 

While states and school districts are required to implement the IDEA according to state-set requirements that align with federal law, they do this knowing that experts at the Department of Education (ED) -who understand how IDEA funding works in concert with ESEA (and all other education statutes)- are also providing technical assistance designed to support school leaders so they can meet students' educational needs. ED also is required to carry out civil rights protections and investigate potential discrimination under Section 504 and the Americans with Disabilities Act. They do so with keen knowledge of the intersection of civil rights, disability and education laws. 

Ms. McMahon does not understand that students with disabilities are served by all education laws. Her ignorant pretense that children with disabilities are a monolith and are educated in a silo under just the IDEA shows that she is oblivious to the conscientious work Congress has done to align education, disability and civil rights laws to better support educational access and outcomes for disabled children from birth to adulthood. In addition to IDEA, ESEA and Section 504, the other education laws housed at ED -that students with disabilities rely upon- include Title IV of the Workforce Innovation and Opportunity Act (for vocational rehabilitation and access to competitive integrated employment), the Carl D. Perkins Act (for apprenticeships and career and technical education), and the Higher Education Act (for access to TRIO and other postsecondary education opportunities). 

It simply makes no sense to move the key functions of IDEA to another federal agency, and certainly not the suggested Department of Health and Human Services (HHS) which lacks the capacity and skilled expertise necessary to support states and their school systems when HHS operates from a medical reimbursement model. A current and ongoing example is HHS’ inadequate implementation of Medicaid whereby school districts are regularly not reimbursed in a timely or efficient way for providing school-based therapies, interventions and services to eligible students with disabilities which, in some cases, limits student access to disability supports and services. COPAA asserts that HHS is not equipped to take on the complexities of implementing a law that intersects with all other education and civil rights laws and impacts more than 9 million children and their families.

COPAA does not support the Administration’s shortsighted vision to dismantle ED and break up its parts, with which McMahon seems to agree. Doing so will significantly harm students with disabilities and limit their access to education, career training, and employment opportunities. COPAA stands ready to help Congress support all aspects of federal education, disability and civil rights statutes and to work with ED to find improvements and solutions that meet the needs of our children and their families.  

Denise Marshall, CEO

Dear Members- 

We have heard from many of you, troubled by recent announcements to terminate contracts at Institute for Educational Sciences. We share that concern because a cut in funding to education research that is designed to support evidence-based practices in general education puts special education research at risk.

COPAA has long advocated for investment that support the National Center for Education Statistics (NCES) as well as the National Center for Special Education Research (NCSER) -both housed within IES- to ensure data is collected and reported on important topics such as teacher shortages, absenteeism, high school graduation, and school/classroom use of evidence based practices to support inclusion of students with disabilities in regular classes. Without these data, we do not have the full picture of the status of students with disabilities in America's schools. 

The Individuals with Disabilities Education Act (IDEA) mandates data collection, and neither that data or NAEP are affected, nor are any research or TA under OSEP with these cuts. 

Such drastic cuts are short-sighted. Students with disabilities ultimately rely upon support from well trained teachers and school educators who need IES resources to do their work. 

IES Terminated Contracts.xlsx docs.google.com

In the past few weeks there has been a flurry of administrative actions, such as Executive Orders (EO), issued without clear authority, guidance or any plan of action.  We are particularly concerned about how our nation’s 8 million children with disabilities served under the Individuals with Disabilities Education Act (IDEA) and the 1.5 million eligible under Section 504 of the Rehabilitation Act of 1973 will be protected. Some of these orders and actions directly threaten the safety, health, and education of our children. And, they sow fear throughout the disability community, especially for parents of children with disabilities, who rely on the federal government to safeguard their children. Simply stated, eliminating or weakening the federal government’s obligation to protect students with disabilities from discrimination and or to deprive them of a Free Appropriate Public Education (FAPE) is cruel, irresponsible and unacceptable.  

The civil rights of every child must be protected.

COPAA opposes the dismantling or closing of the Department of Education. Doing so puts our children at risk. Federal oversight is needed to ensure children and young adults with disabilities have equal access to an education with the specialized instruction, related services and support they need to learn and grow. There must be expert personnel to interpret and carry out the statute’s requirements. The IDEA appropriately fixes responsibility on the Secretary of Education for oversight, technical assistance and more so that states can fulfill their obligation to provide a free, appropriate public education to every student with a disability. 

Disability is part of the natural condition. Students with disabilities are entitled to a meaningful education, which is required to be alongside peers without disabilities to the extent appropriate. We must value all children and provide needed specialized instruction, related services and support to students with disabilities to maximize their potential. Parents must remain meaningful partners in their children’s education. We care deeply about protecting the civil rights of all students, and the Education Department’s Office for Civil Rights is critically important to maintain.  

We have heard from many of you, alarmed and concerned, regarding EOs and bills introduced in Congress to dismantle the Department of Education, limit curricula and others. Under our democracy, an Executive Order cannot change federal or state laws and they cannot override a statute that leaves policy to the states.  

The COPAA Community is united in our mission to protect and preserve the rights of the diverse families we serve. COPAA is committed to the principles and commitments of our Policy Priorities and the Diversity Statement that guide our actions and decisions. We believe that all children, whether they are black, white, or brown, native, indigenous, newcomer, transgender, nonbinary, disabled or not, deserve equal rights under the law.

Any retreat from respecting each and every child with a disability from full protection under the law is rejected by COPAA. We are working hard to ensure that any policy proposal fulfills the promise of equal access, non-discrimination, and FAPE to which all eligible students are entitled. 

As we continue to navigate the changes ahead it is COPAA’s understanding that:

• An Executive Order cannot override the authority that rests in Congress. For example, an EO could not abolish the Department of Education, only an Act of Congress can do so. Congressional action is required to change an agency's structure, operations, roles and responsibilities. Current federal law
  obligates the Department to provide oversight, technical assistance and more to states to assure that they provide the education to every student with a disability as obligated under the law.
  
  

• An Executive Order cannot make or change the law. The separation of powers remains and prohibits unilateral action without authority.  See this Fact Sheet developed by our colleagues at the Leadership Conference on Civil and Human Rights.
  
  

• Executive orders are subject to judicial review and interpretation of whether the EO is a valid exercise of the president’s power. No president can issue an order that contradicts or violates the Constitution, federal laws, (such as the IDEA), or Americans’ fundamental rights.
  
  

• Since the Department of Education was first created, there have been legal prohibitions on federal interference in local curricular decisions. These prohibitions would not allow for the creation of a hostile learning environment in violation of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, or Section 504 of the Rehabilitation Act of 1973 (the civil rights laws prohibiting discrimination based on race, color, national origin, sex, or disability). Congress has been clear that decisions about curriculum remain with the state, districts, school, and classroom teachers. Any change to this could only be accomplished through an act of Congress and cannot be achieved through executive order, regulation, guidance, or other executive action. In addition, for students with disabilities, IDEA requires that special education and related services be based upon peer reviewed research, to the extent practicable, and on what is effective for that unique child.
  
  

• There will be many bills introduced in Congress, especially in the House of Representatives, in the coming months. Remember that to pass the House, bills need a majority approval. We cannot be alarmed by every bill introduced, but we must and will watch closely to see which ones advance and are a threat to our children. 

What can you do?  COPAA urges members to speak up to your school districts and boards and the elected officials at the state and federal levels on the potential impact of any proposed action with which you have concern. COPAA members may also join the Government Relations Committee or the State and Local Advocacy Network to engage directly on federal and state policy matters impacting the COPAA community.

We are being diligent to assure each and every student is protected. We continue our work with allies and champions on Capitol Hill to ensure the potential harms of this and other executive actions that negatively impact children with disabilities and their families will not come to fruition.

General Statement

When School Policy Limits Access to Assistive Technology for Students with Disabilities

September 9, 2024

As the U.S. Congress, states and/or districts consider, develop, and finalize policies for K-12 schools regarding placing limits on computer screen time, accessing and using cellular phones or other electronic devices, the Council of Parent Attorneys and Advocates (COPAA) issued the following statement.

Through the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), students with disabilities are afforded the right and opportunity to use assistive technology (AT) and/or auxiliary aids and other accommodations to access a free, appropriate public education in the least restrictive environment (LRE). It is not uncommon for school team(s), which include the parent and/or student, to determine that a student with disability needs full-time, part-time, or specific allotted time to use a computer, tablet, cellular phone/its apps, or other device(s) as part of their Individualized Education Program (IEP) or 504 Plan. 

Recent advances in AT have allowed more students to participate and benefit from their education. At the same time, there has been a well-documented, significant increase in the use of electronic devices by students during the school day. Concerns about the impacts of this trend on students and their learning have spurred policy makers to enact new policies to curb or limit student access to these devices. 

However, when federal, state and/or local governments develop and finalize policies intending to limit student screen time on a computer or use of a cellular phone or other electronic devices, these entities must take care to ensure that no policy or its provisions directly conflict or interfere with a student’s rights and opportunities under IDEA, Section 504 and Title II of the Americans with Disabilities Act. All federal, state and local policies regarding the use of education technology that may also be deemed AT for a student with a disability must be supportive of each student's rights including their access to educational curricula, materials and/or instruction, or participation in the educational process with support from AT or other accommodation/auxiliary aid. 

Parents, as equal partners in the IEP and 504 Plan development and process, must be assured that the IEP/504 Plan includes the types of assistive technology and/or other auxiliary aids and accommodations that the student needs to access their education alongside their nondisabled peers. It is imperative that as new state or local laws and policies are developed and implemented, that existing IEPs and 504 Plans that provide for AT are honored and that the burden is not placed on parents to ensure that these existing plans are updated to account for any new policy. It should not be the parent’s responsibility to ensure that their child continues to receive legally recognized accommodations and that their child is not subjected to any discipline measures that may be related to new policies simply for using their approved AT. 

In no instance should a student who is otherwise participating in the general classroom be required to be segregated or separated from their nondisabled peers to access their education due to a policy that would limit their access to AT. If a computer, tablet or other device is required for that student, but may otherwise be prohibited to other students, the student with a disability must continue to have access to such device in their normally assigned classroom or LRE. 

COPAA and its members stand ready to help policymakers as they develop policies to support student learning, including students with disabilities. We encourage state, district, and local school leaders to work with families whose children are receiving education services, supports, and/or accommodations under IDEA and Section 504 to develop policies that support all children.

COPAA is an unparalleled peer-to-peer network that enables parents, family members, attorneys, special education advocates and related professionals engaged in protecting the legal and civil rights of students with disabilities and their families to share strategy, connect with other professionals and be on the cutting edge to protect rights, create opportunities and change lives.

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• Convene an IEP meeting for each student who missed instructional time resulting from law enforcement contact or use of the crisis room with requirements to determine whether use of either resulted in a denial of a free, appropriate public education (FAPE), then, if so, determine and provide compensatory education and/or remedial services.
• Develop and implement policies/procedures governing use of the crisis room to ensure that all students receive a FAPE.
• Develop and implement policies and procedures governing contacts with law enforcement, to ensure that all students receive a FAPE.
• Develop and implement a record-keeping system and procedures to ensure accurate, complete, and timely documentation of each law enforcement contact and each use of the crisis room. And,
• Train school personnel on the requirements of Section 504 to provide a FAPE, and when a student’s IEP team must convene to address the repeated use of law enforcement and/or the crisis room.

Marshall concluded, “We congratulate OCR for their work to protect students from the abuses and overuse of exclusionary disciplinary practices. To create a bright line of protection for children and their families, we continue to urge the Administration issue updated regulations regarding Section 504 of the Rehabilitation Act, and that Congress pass the Keeping All Students Act. Federal action is needed to better protect students with disabilities and students of color by reinforcing student civil rights so that all districts will keep these abusive practices out of children’s IEPs, embrace strategies that protect students with disabilities and students of color, and treat all students with the dignity, respect and support they deserve."

Read the OCR resolution letter to Four Rivers and the resolution agreement.

Read more about seclusion and restraint and its impacts on students with disabilities and students of color.

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“We commend OCR for the diligence and commitment to investigating the systemic use of harmful restraint including by untrained School Resource Officers, which has resulted in trauma and harm to students with disabilities in Denton ISD schools. The resolution agreement clarifies that ISD has blatant problems with identifying students with disabilities and has instead resorted to restraint in lieu of following the requirements of the law to evaluate students who require special education services and supports. We hope the district takes immediate steps to support affected students and families and also provides all personnel with the training and resources necessary. Denton ISD must end the use of the cruel practices that endanger students and have resulted  in the absolute failure to their accessing a free, appropriate public education. All students deserve better!”

OCR’s review revealed that students ultimately identified as students with disabilities were restrained multiple times before the district initiated an evaluation to determine whether the students may need special education or related aids and services. For example, the district restrained one student 18 times before conducting an evaluation that resulted in the district classifying the student as a student with a disability for whom appropriate supports could obviate a need for restraint. OCR also identified concerns with the frequency and duration of student restraints. Among its findings, the review also revealed that the district permitted School Resource Officers (SROs) to restrain students with disabilities without having been properly trained on student restraint in educational settings or on the district’s obligations regarding the provision of FAPE to students with disabilities and OCR also found that district staff lacked a consistent understanding of when it would be appropriate for an SRO to assist with student restraints.

Marshall concluded, “We thank Assistant Secretary Catherine Lhamon and the OCR team for their leadership and diligence to continue the important investigations and actions that promote student civil rights and protect students from the trauma-inducing practice and uses of restraint. We remain steadfast that Congress must pass the Keeping All Students Safe Act (KASSA) , federal legislation designed to provide training to school personnel, ban seclusion, significantly limit use of restraint to emergency situations, and require parents to always be notified of its use. Together, the bill’s provisions would ensure protection for everyone."

OCR’s letter can be found at: https://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/06195002-a.pdf

This week we celebrate the 50th anniversary of the Rehabilitation Act of 1973 which established the historic fundamental civil right for people with disabilities to be free from discrimination and to have access to every opportunity in education, work, and life. COPAA’s own mission -to protect and enforce the legal and civil rights of students with disabilities and their families- grew out of the great need recognized by Congress via Section 504 of this law. Even today, COPAA members can attest to the continued need to safeguard the civil rights of our nation’s 8.8 million disabled school-age students, 2.8 million college-age undergraduates, and more than 1 million youth and young adults receiving vocational rehabilitation annually through supported employment training programs. Section 504 is vital to ensuring that children, youth, and young adults have access to every educational opportunity afforded to their peers, free from discrimination. We look forward to and are committed to a future where Section 504 protections are upheld by every public education entity so that each individual with a disability can participate fully in education, work, and life.