Stay Informed: The Latest U.S. Department of Education and Disability Rights

The landscape of special education continues to evolve, making it more important than ever for families, educators, and advocates to stay informed. PAVE will share the latest federal developments related to special education, the Individuals with Disabilities Education Act (IDEA), Section 504, the Americans with Disabilities Act (ADA), and other programs and protections that support people with disabilities and their families.  As new information becomes available, we’ll share  updates to help you better understand what is changing, what has not changed, and how these developments may impact students, schools, and families.

Important: IDEA, Section 504, and the ADA remain federal law. A federal announcement, change in guidance, proposed policy, or action by a federal agency does not automatically change rights established by federal law.

Latest Federal Updates
September 2026: Governor Bob Ferguson and  17 others Call for Continued Protection of Community Integration Rights

On September 3, 2026, Washington Governor Bob Ferguson joined governors from 17 other states in sending a letter to U.S. Attorney General Todd Blanche about federal actions related to Olmstead v. L.C. and the rights of people with disabilities to live, work, learn, and receive services in their communities.

The letter follows two federal developments:

  • On June 18, 2026, the DOJ Office of Legal Counsel issued an opinion questioning parts of the legal framework that has been used to implement community integration requirements.
  • On July 20, 2026, DOJ stated that it would no longer rely on its 2011 Olmstead guidance in enforcement.

The governors expressed concern that these changes could create uncertainty for states, people with disabilities, families, and the systems that provide home- and community-based services.

Read the September 3, 2026 Governors’ Letter to the U.S. Attorney General

July 30, 2026: Senate Committee Advances S. 5046

Image source: Public broadcast archive of the Senate HELP Committee. Used for nonprofit educational purposes.
Image source: Public broadcast archive of the Senate HELP Committee. Used for nonprofit educational purposes.

In yesterday’s (7/30/2026) Senate Committee on Health, Education, Labor, and Pension (HELP) Executive Session voted 13-9 to advance Senate Bill 5046 – A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes. “That’s what the special education unit at the Department of Education does – it empowers parents and students at the local level. It teaches all of our students that regardless of your physical ability, regardless of if you can speak or not, regardless of if you sit in a wheelchair…you are a human being with capacity,” said Sen. Hassan (NH). She went on to share that [special education] “makes a difference to millions of lives, to families, and to workforces.”  Sen. Murray (WA) stated, “If Secretary McMahon wants to eliminate the Department of Education; she can ask Congress. Until then, an interagency agreement is not a magic wand. She cannot sign away her legal duty to American students.”

S. 5046 now moves to the full Senate for consideration. Advancing out of committee does not mean the bill has passed Congress or become law.

You can listen to the Senate HELP Executive Session, and around 33:21 is SB 5046 which includes dialogue on amendments.

Featured Video: A Message from Acting Assistant Secretary Kelly Rogers, US DOE

In this latest update from the U.S. Department of Education, education leaders discuss current priorities and provide important information related to special education and the implementation of IDEA. The video highlights key initiatives, explains recent developments, and reinforces the Department’s commitment to ensuring students with disabilities receive the services and supports they need to succeed. Whether you’re a parent, educator, or advocate, this update offers valuable insights into the direction of federal special education policy and what it means for schools and families moving forward.

Disability Teaches Us: Meaningful Inclusion Series

Families have an opportunity to learn about how children with disabilities can be included meaningfully and successfully in classrooms with their non-disabled peers. A three-part webinar series called “Disability Teaches Us: Meaningful Inclusion,” and additional training materials and resources are available on the Family Engagement Collaborative Website.

This website is part of the Inclusionary Practices Project (IPP), funded by Washington State’s Office of Superintendent of Public Instruction (OSPI). The Family Engagement Collaborative is comprised of PAVE, Open Doors for Multicultural Families, Roots of Inclusion, and Education Northwest.

In March and April of 2022, PAVE worked with The Office of the Education Ombuds and Inclusion for All to introduce the work of Dr. Priya Lalvani as part of the Disability Teaches Us Series and the OSPI Inclusionary Practices Project. Dr. Priya Lalvani is Professor of Disability Studies at Montclair State University and is editor of Constructing the (M) other: Narratives of Disability, Motherhood, and the Politics of Normal. Dr. Lalvani co-authored Undoing Ableism: Teaching about Disability in K-12 Classrooms.

According to Dr. Lalvani, inclusive education is more than placing students with disabilities into general education settings. It is “the philosophy and practice of educating diverse students in classrooms which are heterogenous in terms of ethnicity, class, culture, gender identity, (dis)ability and other identity markers, using strategies that are responsive to each student’s strengths and needs.”

Learn more about the theory of inclusive education and the work of Dr. Lalvani by watching the Disability Teaches Us series, available through the Family Engagement Collaborative website, fecinclusion.org. You can also access additional training and resources to support inclusive education practices.

These resources can help everyone understand that inclusion means more than just providing a seat in the Least Restrictive Environment (LRE). LRE is an aspect of the federal Individuals with Disabilities Education Act (IDEA), which requires delivery of educational services to students with disabilities in general education to the maximum extent appropriate to meet their individual needs. For more information about LRE and state and federal requirements, read PAVE’s article, Special Education is a Service, Not a Place. 

Families can seek individualized assistance by clicking Get Help from PAVE’s website, wapave.org.