In this inaugural edition of Special Ed Rising News, host Mark Ingrassia covers six important stories shaping the future of special education, disability rights, and public policy. From proposed changes to federal oversight of special education to concerns about civil rights enforcement, preschool discipline, voting access, and immigration policy, this episode breaks down the headlines that matter most to families, educators, and advocates.

In This Episode

🏛️ Federal Special Education Oversight

The Department of Education is moving forward with plans to transfer many special education responsibilities to the Department of Health and Human Services while shifting much of its disability civil rights enforcement to the Department of Justice. Learn what has changed—and what protections under IDEA remain in place.

🧸 Preschool Pushout

A troubling new report finds that preschool children with disabilities are suspended, expelled, or informally pushed out of early childhood programs at dramatically higher rates than their peers, raising concerns about access to early intervention and inclusive education.

⚖️ The Future of Olmstead

The Department of Justice has issued a legal opinion challenging decades of federal interpretation of the landmark Olmstead v. L.C. decision. Disability advocates warn the move could weaken enforcement of the right to receive services in community-based settings. The Arc responds with what families need to know about their rights moving forward.

📋 Civil Rights Enforcement Declines

A new Senate HELP Committee report reveals that the Department of Education's Office for Civil Rights reached a 12-year low in resolution agreements, raising questions about accountability and protections for students with disabilities.

🗳️ Accessible Voting

The latest update on the SAVE America Act, including why disability advocates remain concerned about its potential impact on accessible voting and why the legislation remains stalled in the Senate.

🌎 Immigration Policy and Disability Services

A new federal immigration rule is raising concerns that eligible immigrant families may avoid Medicaid and other disability services out of fear it could affect immigration status, potentially creating a chilling effect on access to essential supports.

Resources & Sources

• Disability Scoop
• The Arc of the United States
• Education Law Center of Pennsylvania
• U.S. Senate HELP Committee

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🌐 Website: SpecialEdRising.com

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Special Ed News Update

Welcome to Special Ed Rising: No Parent Left Behind. I'm your host, Mark Ingrassia.

This is your Special Education News Update, where we report the latest developments affecting students with disabilities, families, educators, and advocates across the country.

In today's episode, we'll cover proposed changes to federal special education oversight, concerns about disability civil rights enforcement, a troubling new report on preschool suspensions, a major legal opinion involving the landmark Olmstead decision, voting rights for people with disabilities, and a new immigration policy that advocates say could affect immigrant families and children with disabilities by influencing access to Medicaid and other essential public benefits.

Let's get to work.

The Ed Department Is Outsourcing Special Education. Here’s What That Means For Students With Disabilities

A major change could be coming to how the federal government oversees special education. The U.S. Department of Education plans to shift many responsibilities from its Office of Special Education and Rehabilitative Services to the Department of Health and Human Services, while moving much of its disability civil rights enforcement to the Department of Justice.

The Trump administration says the changes are intended to streamline government operations while it continues efforts to close the Department of Education. However, more than 600 disability, education, and civil rights organizations oppose the plan, warning it could weaken coordination between education services and disability protections.

The proposal has drawn bipartisan concern. Even Senate HELP Committee Chairman Bill Cassidy, a Republican, has expressed opposition, and Congress is expected to consider legislation that would block the transfer.

Education officials say IDEA protections, civil rights laws, and special education funding will remain in place, but advocates worry the shift could create confusion for families and make oversight less effective. The proposal is still under congressional review, so its future remains uncertain.

For now, the restructuring is moving forward, but the legal and political fight over it is far from over.

What hasn't changed?

For families of children with disabilities:

IDEA remains federal law.

Students are still entitled to a Free Appropriate Public Education (FAPE).

Special education funding has not been eliminated.

Parents retain the same due process and civil rights protections under current law.

Preschools Disproportionately Kick Out Kids With Disabilities

A new report from the Education Law Center of Pennsylvania highlights a troubling trend: preschool children with disabilities are being suspended, expelled, or quietly pushed out of early childhood programs—sometimes as young as two years old.

The report estimates that about 174,000 preschoolers are suspended each year, with children with disabilities facing suspension and expulsion at nearly 15 times the rate of their peers. Families described being asked to pick up their children early, reduce attendance, or being told their child wasn't "a good fit." Some also reported schools failing to provide legally required supports and services.

Advocates say the issue reflects a lack of staffing, resources, and inclusive practices—not problems with the children themselves. They warn that losing access to preschool and early intervention can have lasting developmental and educational consequences.

The report calls for banning preschool suspensions and expulsions while increasing funding and accountability to ensure all young children can access the support they need.

Trump Administration Claims People With Disabilities Don’t Have Right To Community-Based Services

A new legal opinion from the U.S. Department of Justice is raising concerns throughout the disability community. The department now says states are not legally required under the Americans with Disabilities Act or Section 504 to provide services in the most integrated, community-based setting.

The opinion challenges decades of federal interpretation of the Supreme Court's landmark Olmstead v. L.C. decision, which has guided efforts to move people with disabilities from institutions into community living. While the memo does not change the law or overturn Olmstead, advocates worry it could weaken federal enforcement and reduce pressure on states to expand community-based services.

Legal experts note that Olmstead remains binding Supreme Court precedent, and any effort to apply this new interpretation is likely to face court challenges. Still, disability advocates say the Justice Department's position creates uncertainty about the future of independent living and disability rights enforcement.

DOJ Opinion on Olmstead Threatens the Right of People With Disabilities to Live in the Community

The Arc of the United States is strongly criticizing the Justice Department's new legal opinion on the landmark Olmstead decision, warning that it could weaken one of the most important civil rights protections for people with disabilities—the right to receive services in the community rather than in institutions.

The organization emphasizes that Olmstead remains the law, and the DOJ opinion does not overturn the Supreme Court's ruling, the ADA, or Section 504. However, The Arc says the opinion signals that the federal government may reduce enforcement of those protections, potentially making it easier for states to rely on institutional care instead of expanding community-based services.

The Arc reminds families that people with disabilities still have the right to bring Olmstead claims in court if they are unnecessarily institutionalized or denied appropriate community services. But if federal enforcement declines, advocates say families may need to rely more on private legal action and state advocacy organizations to protect those rights.

HELP Committee Report Finds OCR Reached a 12-Year Low in Enforceable Relief for Students Facing Discrimination

A new report from the U.S. Senate HELP Committee raises concerns about a sharp decline in federal civil rights enforcement for students with disabilities. According to the report, the Department of Education's Office for Civil Rights issued just 112 resolution agreements in 2025, down from 507 the year before.

The report found thousands of pending disability discrimination complaints—including cases involving restraint and seclusion, disability harassment, and denial of a Free Appropriate Public Education—but relatively few resulted in enforcement agreements. It also points to major staffing cuts and regional office closures as key reasons for the slowdown.

Advocates warn that weaker enforcement could mean longer waits for families seeking help, less accountability for schools, and fewer protections for students with disabilities. The Arc is calling for increased staffing, greater transparency, and stronger enforcement to ensure families can continue relying on the Office for Civil Rights to protect students' rights.

The SAVE America Act Threatens Accessible Voting for People With Disabilities

Disability advocates are raising concerns about the proposed SAVE America Act, saying it could make voting more difficult for millions of Americans with disabilities. The bill would require proof of citizenship to register for federal elections and impose stricter photo ID requirements for both in-person and mail-in voting.

Supporters say the measure is designed to strengthen election security, but advocates argue the added documentation requirements could create barriers for people who rely on mail-in voting or have mobility, visual, or other disabilities. They note that accessible voting options are essential for many voters to cast their ballots independently.

The Arc says existing federal laws already protect the voting rights of people with disabilities and is urging lawmakers to ensure any election reforms remain fully accessible. The legislation is still under consideration in Congress.

Yes. The biggest development is that the SAVE America Act has not become law and remains stalled in the Senate, despite repeated efforts to advance it.

Here are the key updates:

The bill has cleared the House multiple times, but it has repeatedly failed to advance in the Senate because Republicans do not have the 60 votes generally needed to overcome a filibuster

And finally:

A new immigration rule from the Trump administration is raising concerns among disability advocates because of its potential impact on immigrant families and children with disabilities.

The rule gives immigration officials broader authority to consider whether someone is likely to rely on public assistance, such as Medicaid, when making certain immigration decisions. The administration says the policy encourages financial self-sufficiency and protects taxpayer-funded resources.

Advocates worry the change could discourage eligible immigrant families from enrolling in or using essential services—including healthcare and disability supports—for fear it could affect a loved one's immigration status. They warn that this "chilling effect" could leave many children without critical services they are legally entitled to receive.

The new rule is scheduled to take effect on September 18, and disability organizations say they will be watching its impact closely.

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That's all for this edition of Special Ed Rising News.

If you found today's update helpful, please subscribe, leave a review, and share this episode with parents, educators, and advocates who need to stay informed.

For more resources, parent coaching, and previous episodes, visit SpecialEdRising.com.

I'm Mark Ingrassia, reminding you that informed families become empowered advocates. Until next time, keep rising—because no parent should ever have to walk this journey alone.