Federal Policy Updates

CAPSES Response to Developments in the U.S. Department of Education 

Like all of you, CAPSES has been closely monitoring the rapidly evolving changes affecting the U.S. Department of Education. 

While the past week’s developments are deeply concerning—and the future of many critical programs and safeguards remains uncertain—we want to share key resources and updates on our ongoing advocacy efforts. 

What is CAPSES Doing? 

As the state association representing Nonpublic Schools and Agencies in California, CAPSES is actively assessing how these federal actions will impact our ability to: 

• Deliver high-quality services to students with disabilities 

• Protect student rights under federal and state law 

• Secure fair and sustainable funding for specialized education programs 

Beyond direct education policy, we are also tracking related legislative threats, such as proposed Medicaid cuts and potential elimination of 504 plans, both of which could have serious implications for the families and students we serve. 

CAPSES is working in close partnership with NAPSEC (our federal advocacy partner), other state associations nationwide through The Council of Affiliated State Associations (CASA), and our state advisors to ensure we are at the forefront of any response needed. 

Together, we remain committed to protecting the rights of individuals with learning differences and disabilities and ensuring that the organizations serving them have the resources and support they need. We know our collective success relies on the strong coalition of educators, therapists, students, and families that remain steadfast and committed to special education advancement. 

We will continue to update you as new information emerges. 

Thank you for standing with us in this critical moment, 

Pati Ortiz and the CAPSES Board 

Dismantling of the U.S. Department of Education -Key Insights on President Trump's Recent Actions 

Our lobbying partner, Capitol Advisors, has shared their analysis of President Trump’s recent actions and their potential impact on education policy. 

First, it’s important to clarify that completely abolishing the U.S. Department of Education would require congressional approval, as it was established by law. While this remains unlikely, the administration is exploring ways to shift federal education funds closer to states, local governments, and directly to students, according to the White House. 

However, with significant budget cuts under consideration across all federal agencies, it’s difficult to envision a scenario where education programs remain unaffected—regardless of where they are housed within the government. The key factor to watch is whether President Trump moves toward block grants without reducing overall funding, which could increase local support for downsizing the department’s bureaucracy. 

Here are key positions to understand, according to Capitol Advisors: 

• School Funding 

We don’t think districts ought to be taking local budget actions predicated on the Executive Order given that so much is still very unclear. The Continuing Resolution agreement reached last week by Congress and the White House generally hold education funding flat for the rest of the current Federal fiscal year that ends in September. The Administration was granted broad flexibility to move some of those dollars around, but it appears that education funding is probably going to remain constant. 

• Congressional Response 

Congress is expected to react strongly, with many members voicing opposition. Completely abolishing the Department of Education would require congressional approval, as it was established by law, and such legislation is unlikely to garner enough support. 

The majority party in Congress has still not taken a firm public stance on enforcing the laws that govern federal education funding and programs or affirmatively assert their right as an equal branch of government to control funding. 

However, Senator Patty Murray (D-WA), ranking member of the Senate Appropriations Committee, has been particularly vocal. 

• Public Opinion and Legal Challenges 

Public sentiment does not favor abolishing the Department of Education. Polls from education advocacy group All4Ed, as well as a Data for Progress survey conducted in February, indicate that a majority of Americans oppose dismantling the Department. 

Legal challenges are also expected. California Attorney General Rob Bonta and various organizations representing students, education funding recipients, and federal employees have already advanced litigation on various education funding cuts and hold backs, and are likely to file lawsuits arguing that dismantling the Department violates federal law by disrupting services, eliminating protections, and undermining the public interest. 

How Are Different States Impacted by Federal Education Funding? 

Senator Patty Murray (D-WA), ranking member of the Senate Appropriations Committee, has released state-by-state fact sheets detailing the impact of federal education funding. These reports highlight key areas such as the number of students benefiting from IDEA and Title I, as well as Pell Grant recipients and federal student loan borrowers. 

For California, the fact sheet (see page 9) reveals that $1.6 billion in annual funding supports 805,000 students with disabilities, representing 12% of the state's student population. This underscores the critical role federal funding plays in ensuring access to education for all students. 

To explore the full details and see how your state is impacted, check out the comprehensive fact sheet: state-by-state fact sheets 

What about the layoffs?  

In the past two weeks, half of the employees at the U.S. Department of Education have been dismissed, drastically impacting the agency’s ability to uphold students’ civil rights. 

Beth Gellman-Bee, former Regional Director at the Department of Education’s Office for Civil Rights (OCR), has shared powerful insights on her LinkedIn about the devastating consequences—particularly the closure of OCR offices nationwide. 

“In fact, 70% of our complaints are from students with disabilities. Kids whose schools won’t evaluate them, won’t implement their 504 Plan or IEP, or refuse to accommodate service animals. Cases like the visually impaired father denied a closer bus stop or the mother barred from participating in school board meetings due to accessibility barriers. The work we did mattered—every single case. Now, with a skeletal staff left to manage 22,000 pending complaints, I worry about the students and families left without recourse.” 

Beth’s personal connection to this issue, as someone who grew up with learning disabilities, underscores the lifelong impact of access to education and advocacy. The sweeping layoffs threaten crucial protections for students, particularly those with disabilities who rely on the Office for Civil Rights for enforcement. 

To read more on the impact of the workforce reduction, NPR and CalMatters have done extensive reporting.