Special Education Federal Laws

1. Advocating for Special Education Federal Laws Is Essential for Equity and Consistency

Without strong federal oversight and funding, students with disabilities across different states and districts may not receive the same quality of support. Advocacy helps uphold national standards like IDEA, ensuring that every child—regardless of location—has access to a free appropriate public education in an inclusive setting.

2. Chronic Underfunding Undermines Special Education Services

Although IDEA mandates support for students with disabilities, the federal government consistently underfunds its share of the costs. This shortfall strains local resources and limits schools’ ability to provide adequate staffing, services, and accommodations. Advocating for full federal funding is critical to closing this gap.

3. SELS Empowers Educators and Advocates to Influence Policy

The Special Education Legislative Summit (SELS) provides tools, training, and direct access to lawmakers, helping educators and advocates share real-world experiences that shape national policy. From teacher shortages to mental health access and transition planning, SELS ensures that the needs of students with disabilities are heard on Capitol Hill.

Every July, the Special Education Legislative Summit (SELS) is a major annual event hosted in Washington, D.C., that brings together educators, administrators, and advocates to engage directly with federal policymakers and advocate for special education federal laws. This event, organized by the Council for Exceptional Children (CEC) and the Council of Administrators of Special Education (CASE), helps advocate for special education support and reform at the federal level.

First and foremost, there is an obvious need for more funding since special education is chronically underfunded. While the Individuals with Disabilities Education Act (IDEA) mandates a free appropriate public education for all students with disabilities, the federal government has consistently failed to meet its commitment to fund 40% of the cost, resulting in a significant shortfall. While state and local funding makes up the vast majority of education funding in general, because IDEA is a federal mandate, the federal government plays a larger role in special education funding. Even with this funding, however, the federal government pays for less than 20% of special education in America.

Besides funding, many other topics are discussed at SELS. The conversations are grounded in both urgency and hope—focused on the real changes needed to better serve students with disabilities across the country. Here’s a look at some of the top priorities shaping the national conversation:

Equity and inclusion are at the heart of it all. There’s a clear and growing push to ensure classrooms don’t just accommodate students with disabilities—they welcome and empower them. Educators and advocates emphasize the use of evidence-based tools like Universal Design for Learning (UDL), assistive technology (AT), and accessible materials to support all learners. A central message resonates throughout the summit: special education services should supplement, not replace, general education. The goal is to end ableism in our schools and ensure that students with disabilities are fully included and held to high expectations.

Staffing shortages continue to be a major concern. Schools across the country struggle to find and retain special educators, early intervention specialists, and vocational rehabilitation counselors. In response, federal efforts focus on recruitment grants and investing in a strong, diverse, and well-prepared workforce. The message is clear—students can’t succeed if the supports they need simply aren’t there.

Mental health access takes center stage as well. With more students facing emotional and psychological challenges, the push to bring mental health services directly into schools gains momentum. Advocates call for expanded access to Medicaid so schools can sustainably fund these services. At the same time, federal initiatives aim to weave mental health support more deeply into the daily workings of school systems.

Helping students successfully transition into adulthood is another top priority. SELS highlights the need for stronger pathways to college, careers, and independent living. Programs like “Expect, Engage, Empower” and the Workforce Innovation and Opportunity Act (WIOA) work to ensure that students leave school not only with a diploma, but with a real plan for the future—whether that means higher education, meaningful employment, or increased independence.

Other topics for discussion include literacy, chronic absenteeism, and teacher residency programs

Together, these priorities reflect a shared vision: schools where students with disabilities are seen, supported, and celebrated—every day, in every classroom, and well beyond graduation.

Every presidential administration brings new opportunities and challenges to special education. When funding is cut or programs are eliminated, the quality and amount of education a child receives can be profoundly affected.

Advocating for special education support and reform at the federal level is necessary for several specific reasons:

1. Ensures Equal Rights and Protections Nationwide

• • The Individuals with Disabilities Education Act (IDEA) is a federal law that guarantees students with disabilities the right to a free appropriate public education (FAPE) in the least restrictive environment.
  • Without strong federal oversight, these rights could vary drastically by state or district, potentially leaving students in some areas unprotected.

2. Addresses Funding Gaps

• • The federal government mandates special education services through IDEA but consistently underfunds them.
    • IDEA promised to fund 40% of the excess costs of special education but has never met that target—typically funding only around 15%.
  • Local and state governments are forced to make up the difference, which can strain school budgets and lead to inadequate services or staff shortages.
  • Federal advocacy can push for full funding of IDEA, easing this burden and improving support for students.

3. Promotes Consistency Across States

• • Without federal standards and funding, there would be inconsistent implementation of services from one state or district to another.
  • Advocacy ensures that all children—regardless of where they live—receive consistent, high-quality special education.

4. Drives Systemic Reform and Innovation

• • Federal legislation and funding can support:
    • Teacher training and professional development
    • Research-based practices
    • Inclusive technology and assistive tools
  • These reforms are hard to implement without broad, coordinated leadership from the federal government.

5. Protects Vulnerable Populations

• • Students with disabilities often face disproportionate discipline, segregation, and low expectations.
  • Federal advocacy helps enforce civil rights protections through the Office for Civil Rights (OCR) and ensures accountability through data collection and reporting.

6. Amplifies Marginalized Voices

• • Many parents, teachers, and students lack the resources or political clout to advocate at the state or local level.
  • Federal advocacy organizations help elevate these voices, pushing for inclusive policies that reflect the needs of all communities.

Federal advocacy is essential to ensure equity, accountability, funding, and innovation in special education. Without it, students with disabilities risk being left behind due to uneven state policies, underfunding, and lack of systemic reform. Events like SELS help amplify on-the-ground educator insights directly at the policy-making level. The goal is to improve congressional funding consistency and build a sustainable network of advocates who carry the momentum forward after the event.

SELS uses several strategies to help educate lawmakers and reach them where they conduct business. Attendees receive training on effective advocacy, including strategies for meaningful Capitol Hill conversations. In-person advocacy from constituents remains one of the most effective ways to influence legislative priorities. SELS also provides:

• Panel sessions & workshops on federal policy, advocacy best practices, and crucial issues in special education.
• Networking events, including wrap-around gatherings (e.g., early-childhood specialist dinners, Division for Early Childhood (DEC)).
• Capitol Hill visits—a central feature where delegates meet legislators and their staff to present their advocacy points (DEC).

Every child deserves a chance to succeed in school, regardless of their ability, background, or learning style. For students with disabilities, that success often depends on the availability of specialized services, trained professionals, and inclusive learning environments. But far too often, access to those supports depends more on geography and local budgets than on what’s best for the student. That’s why federal advocacy for special education is not only important—it’s essential.

At the heart of this issue is the Individuals with Disabilities Education Act (IDEA), the federal law that guarantees students with disabilities the right to a free appropriate public education (FAPE) in the least restrictive environment. IDEA lays the groundwork for inclusion and individualized instruction, ensuring that students are not left behind because of a disability. But without strong and consistent oversight at the national level, the implementation of this law can vary widely. What one state or district considers an “appropriate education” might look drastically different from another’s. Federal advocacy helps maintain consistency and uphold these critical rights for students and families across the country.

Funding is another long-standing challenge. The huge funding gap leaves states and local districts struggling to make ends meet, often forcing schools to make difficult choices about staffing, resources, and student supports. By pushing for full 40% funding of IDEA at the federal level, advocates are working to ease the burden on local communities and ensure that students get the services they need without compromise.

Beyond funding, federal leadership plays a vital role in setting a national standard for quality and accountability. A student in a rural district should have the same access to services and opportunities as one in a well-funded urban school. National guidelines help ensure continuity for families who move between states and create expectations that don’t shift with local politics or budget cuts.

Federal support also drives innovation. When the government invests in inclusive education through grants, research, and professional development, it helps scale effective practices across the country. Programs focused on assistive technology, inclusive classroom strategies, or teacher training wouldn’t be possible without the broad support that federal initiatives can provide.

The need for reform is also deeply tied to equity. Despite decades of progress, students with disabilities continue to face significant disparities. They are disproportionately suspended, expelled, or placed in segregated classrooms. They participate in statewide assessments at lower rates and are less likely to complete high school with a regular diploma. Federal advocacy helps protect the civil rights of these students and ensures that schools are held accountable through data reporting, oversight, and enforcement mechanisms.

Perhaps most importantly, advocacy at the national level amplifies the voices of those who are often unheard. Parents, teachers, and students know what’s working and what isn’t—but they don’t always have the means to influence policy on their own. National coalitions and organizations can bring those stories to Washington, helping lawmakers understand the real impact of their decisions. When local experiences are elevated to the federal stage, they can shape legislation that reflects the true needs of communities.

Ultimately, this is about more than policy. It’s about believing that every student has value and potential—and ensuring they have what they need to realize it. Students with disabilities don’t have time to wait. Every school year matters. That’s why raising our voices now is so critical. We must keep fighting for full funding, inclusive practices, and a system that works for all learners—not just some.

Whether you’re an educator, a family member, or an advocate, you have a role to play. Support full IDEA funding, speak up about inequities, and help shape a system where every student has the opportunity to thrive. Contact your Members of Congress. Share your story. Join efforts like the Special Education Legislative Summit. Because when we speak together, we don’t just make noise—we create change.

One of the easiest ways to find contact info for your Members of Congress is at the following government website: ​​https://www.house.gov/representatives/find-your-representative. Remember to be succinct and polite in your written advocacy.

SELS will return in July, 2026 (July 19–22) and 2027 (July 11–14).

sites.ed.gov

• Federal Regulations to Implement IDEA-34 Code of Federal Regulations Parts 300 and 301(link is external)
• Individuals with Disabilities Education Act (IDEA)
• Find support for families
• U.S. Department of Education Individuals with Disabilities Education Act website(opens in a new window)
• Individuals with Disabilities Education Act
• IDEA Regulations (US DOE)

ed.gov

• FAQ About Section 504
• Section 504

www2.ed.gov

• Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
• Office of Special Education Programs
• Office of Special Education Programs (OSEP)

studentprivacy.ed.gov

• Family Educational Rights and Privacy Act of 1974, 20 United States Code, Section 1232g and Family Education Rights and Privacy, 34 Code of Federal Regulations, Part 99 (link is external)
• on the US DOE website

idea.ed.gov

• IDEA

congress.gov

• HCPA amended the EHA (opens in a new window)
• Assistive Technology Act (opens in a new window)

education-expert.com

• The New Title IX Rule and its Implications for Addressing Sex Discrimination in K-12 and Postsecondary Schools