January Policy News Round-Up

Learn what NCLD is up to this month as Congress and the Presidential Administration both enter a new era.

President Trump Takes Office and Signs Executive Orders 

Donald Trump was sworn in as President of the United States on January 20th, and quickly began taking executive actions to reshape the role of the federal government and implement his agenda. Numerous administrative and executive orders from the White House impact the civil rights community and have indirect impacts on individuals with disabilities by rolling back protections from other marginalized groups and dismantling diversity, equity, and inclusion (DEI) programs. 

One of the executive orders signed by President Trump is titled “Expanding Educational Freedom and Opportunity for Families.” It directs the Secretary of Education to prioritize educational freedom in awarding competitive grants for discretionary programs. It also directs the Secretary to issue guidance about how federal formula funds can support K-12 school choice, but there is limited legal authority here for redirecting Individuals with Disabilities Education Act (IDEA) or other formula funds. It also directs the Departments of Defense and Interior to submit plans for promoting school choice for military connected children and those that attend Indian Education Schools. To learn more about the impact of private school choice initiatives on students with disabilities, check out our recently updated report.

Upcoming Confirmation Hearings for USED Appointees: Linda McMahon and Penny Schwinn

Congressional hearings and approvals of nominees for President Trump’s cabinet and other politically appointed administrative positions are underway. Though both nominations are still subject to Senate approval before the positions are officially confirmed, Linda McMahon has been selected to be the U.S. Secretary of Education, and Penny Schwinn is picked for the role of Deputy Secretary of Education. 

Who is Linda McMahon? President-Elect Trump selected Linda McMahon to be the U.S. Secretary of Education in his upcoming term, though the nomination is still subject to Senate approval before the position is officially confirmed. McMahon previously served as the head of the Small Business Administration during the first Trump presidency, and is perhaps best known as a co-founder and former CEO of World Wrestling Entertainment, or WWE. 

Who is Penny Schwinn? Schwinn is a former Tennessee state education commissioner and former teacher who has also held senior roles in the state education agencies of Delaware and Texas. Her time as Tennessee state education commissioner was marked by her work around responding to the COVID-19 pandemic, promoting literacy instruction, and revamping the state’s school funding formula. Schwinn also has a record of supporting school choice initiatives with accountability measures, and is the founder of a charter school in Sacramento, California. 

President Biden Administrative Actions in Final Days

Prior to leaving office, the Department of Education under President Joe Biden released several guidance documents relevant to students with disabilities. The Office of Special Education and Rehabilitation Services (OSERS)  and the Office of Elementary and Secondary Education (OESE) released joint guidance around “Building and Sustaining Inclusive Educational Practices” aligned with IDEA Part B. Meanwhile the Office of Civil Rights (OCR) released revised guidance on avoiding discriminatory use of artificial intelligence, as well as a fact sheet on individualized assessments for students with disabilities in postsecondary education regarding civil rights protections against discrimination.

New Data Shows a Decline in Student Progress 

Results from the 2024 National Assessment for Educational Progress (NAEP), also known as the “Nation’s Report Card” were released in late January, and scores indicate that students are struggling nationwide. In all tested grades and subjects, national scores are below pre-pandemic levels. Students with disabilities continue to fall behind their nondisabled peers, and gaps in scores compared to nondisabled students continue to grow in all categories but 4th grade reading. Full data can be found at https://www.nationsreportcard.gov/.  

In Case You Missed It:

• Congress was sworn in for its 119th session, “resetting” any unpassed bills. This means that key legislation that NCLD supports, such as the Respond, Innovate, Succeed and Empower (RISE) Act and the IDEA Full Funding Act, will need to be reintroduced during this session of Congress and start the legislative process over again. Stay tuned to see how you can get involved and show your support for policies that support students with disabilities!