January 2026 Policy News Round-Up

The new year began with the reintroduction of key higher education legislation, as well as movement on FY 2026 appropriations. See what else NCLD is tracking this month.

The RISE Act Was Reintroduced With Endorsement from NCLD and Higher Education Groups

The Respond, Innovate, Succeed and Empower (RISE) Act was reintroduced in the Senate on January 8th by Senators Jim Banks (R-IN), Maggie Hassan (D-NH), Todd Young (R-IN), Chris Van Hollen (D-MD), and Tina Smith (D-MN). This bipartisan bill amends the Higher Education Act (HEA) to ensure that students with disabilities thrive in college. It would streamline the process to qualify for disability services and require colleges to accept a variety of forms of documentation of a disability utilized in high school, including an Individualized Education Program (IEP), 504 Plan, notice from a doctor, or evaluation by a psychologist. A companion bill was introduced in the House of Representatives last year by Congresswomen Suzanne Bonamici (D-OR-1) and Erin Houchin (R-IN-9).

Congress Approves Education Funding for FY 26

Congress passed its fiscal year 2026 funding bills in late January, which included $79 billion for the Department of Education. This bill, passed with bipartisan support, is a clear rebuke of the Trump Administration’s proposals to consolidate and cut education funding. The Committee for Education Funding sent a letter to Congress on January 30th supporting the bill’s education funding and protections. This was a 0.3% decrease for all education programs from previous funding levels, and included $15.49 billion (0.1% increase) for IDEA and level funding for the Office for Civil Rights ($140 million) and National Center for Special Education Research ($64 million). 

Notably, the bill (in the joint explanatory statement) also refers to Congress’ intentions that prohibit unilateral transfers of funding among programs. It also clarifies that “no authorities exist for the Department of Education to transfer its fundamental responsibilities under numerous authorizing and appropriations laws, including through procuring services from other Federal agencies, of carrying out those programs, projects, and activities to other Federal agencies.” 

NCLD Continues to Advocate for Keeping IDEA at ED

NCLD CEO Jackie Rodriguez joined several other organizations in the Consortium for Constituents with Disabilities (CCD) to send a letter to Secretary of Education Linda McMahon this month, after meeting with the Secretary in December (covered by Disability Scoop here). In their communications, we expressed concerns with attempts to weaken or shrink USED’s scope, and stressed the importance of IDEA funding.

The Office of Special Education and Rehabilitation Services at the Department of Education held a listening session on January 29 for stakeholders to provide feedback. A statement from NCLD and partner organizations who participated can be found here.

Senate HELP Committee Has School Choice Hearing as NCLD and Allies Ring the Alarm Bell

On January 28th, the Senate Health, Education, Labor and Pensions (HELP) Committee hosted a hearing titled “Empowering Families Through Educational Choice in America.” NCLD continues to sound alarm bells about private school voucher programs, including the new K-12 tax credit program enacted by the One Big Beautiful Bill Act. In December, NCLD and partners submitted recommendations to the Treasury Department about the program in response to a request for comments. New reports from the Council of Parent Attorneys and Advocates and Senate HELP Committee Ranking Member Sanders also highlighted important information about programs’ impact on students with disabilities. 

A New GAO Report Investigated Chaos in 2025 at Office for Civil Rights

The Government Accountability Office released a report about the impacts of the Office for Civil Rights (OCR)’ 2025 reduction in force (RIF) on enforcing civil rights. The report found that:

• About half (299 out of 575) of OCR staff received RIF notices in March 2025. The agency also closed seven of its 12 OCR regional offices. OCR staff who were subject to the March 2025 RIF were placed on paid administrative leave. Staff were prohibited from working while on leave, costing approximately $28.5 to $38 million of federal tax dollars for no work.  
• According to U.S. Department of Education (ED), there was ongoing analysis of the costs and savings associated with the OCR RIF but GAO determined the agency could not demonstrate that it included all potential costs and savings and did not document these analyses. 

The report recommended that ED estimate the full costs and savings associated with its 2025 RIF actions and document its analysis. From March 11, 2025, to September 23, 2025, OCR received more than 9,000 complaints of alleged discrimination and resolved more than 7,000. About 90 percent of these were resolved by ED dismissing the complaints.  

Advocacy Opportunities

NCLD’s Action Center enables you to contact your Members of Congress and make your voice heard on issues important to students with disabilities. NEW on the Action Center: Tell your Senator to cosponsor the RISE Act!

Oppose the proposed changes to data collection on significant disproportionality. By February 9th, use the Federal Register to oppose the U.S. Department of Education’s proposed changes to data collection on significant disproportionality by race/ethnicity in special education. Read this recent piece “Why Tracking Racial Disparities in Special Education Still Matters” by NCLD and civil rights partners to learn more.

ICYMI 

• New GAO report reveals students with disabilities face challenges to accessing assistive technology
• The U.S. Department of Education dropped their appeal in case challenging anti-DEI letter
• An initiative to modernize and improve the Nation’s Report Card was announced

What We’re Reading:

• • Children With Disabilities Particularly Vulnerable to Minneapolis ICE Crackdown | The 74
  • A Missed Opportunity in SEL: Centering Students With Disabilities | EdWeek
  • Hidden Costs Keep Disabled Students From College (opinion) | Inside Higher Education
  • Dyslexia and the Reading Wars | The New Yorker