SBEC to Discuss and Adopt New HOUSSE Rules
On Friday, Feb. 14, SBEC will discuss any changes it would like to make to its proposal for replacing the High Objective Uniform State Standard of Evaluation for Elementary and Secondary Special Education (HOUSSE) method, as a result of public comment collected during the comment period. TCASE developed and submitted public comments that focused on continued concerns with the placement of teachers of all content areas at the secondary level.
Expect an update on the outcome of the SBEC meeting during the TCASE Legislative Update at 1 p.m. on Friday, Feb. 14. Those who wish to tune in to the meeting can watch a livestream here starting at 8:30 a.m.
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Supreme Court to Hear Key Disability Discrimination Case
The case centers on a Minnesota teenager, Ava, who has severe epilepsy. Her parents claim the Osseo Area Schools failed to accommodate Ava’s disability by denying her afternoon instruction, despite her inability to attend school in the morning due to frequent seizures.
While the Eighth Circuit Court of Appeals found the district violated the Individuals with Disabilities Education Act (IDEA), it dismissed the ADA and Section 504 claims. The court ruled that Ava’s parents needed to prove the district acted in "bad faith or gross misjudgment"—a higher standard than typically required in disability discrimination cases outside of education.
Ava’s family argues that federal courts are divided on the issue and wants the Supreme Court to reject the higher standard used in five circuits, which they say unfairly burdens students with disabilities. Several advocacy groups, including the National Disability Rights Network, filed briefs supporting the family’s position.
Osseo Area Schools contend that the standard appropriately balances deference to educators while protecting students from intentional discrimination. The case is expected to be heard by the Supreme Court in April.
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USDE Cuts Could Affect Students with Disabilities
Among the terminations, 170 contracts were cut from the Institute of Education Sciences (IES), which plays a critical role in providing data and research used to shape special education policy. The IES includes the National Center for Education Statistics, the federal entity responsible for collecting and analyzing education data. Experts warn that scaling back research efforts could hinder the ability to assess and improve programs serving students with disabilities.
Sen. Patty Murray (D-Wash.) strongly criticized the decision, calling it a reckless move that undermines public education. “An unelected billionaire is now bulldozing the research arm of the Department of Education — taking a wrecking ball to high-quality research and basic data we need to improve our public schools,” Murray said in a statement Monday. She added that cutting existing contracts is both wasteful and short-sighted, particularly for students relying on evidence-based support services.
In addition to research contracts, the Department of Government Efficiency cut 29 diversity, equity, and inclusion (DEI) training grants worth $101 million. Although these grants were aimed at broader equity initiatives, some included efforts to train teachers in strategies that support diverse learners, including students with disabilities. The elimination of these grants could reduce teacher preparedness and professional development opportunities in inclusive classrooms.
Advocates for students with disabilities are watching these developments closely, concerned about the long-term effects on special education services. Research and professional training are essential to improving outcomes for students with disabilities, and experts caution that these cuts could widen achievement gaps and reduce access to critical resources. The Education Department has yet to comment on how it plans to address these changes, and a comprehensive list of grants that have been cut have not been officially released.
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McMahon Hearing Raises Issues About Special Education
McMahon, a former World Wrestling Entertainment (WWE) executive with minimal education policy experience, faced sharp questioning from lawmakers about the administration’s plan to eliminate the department entirely.
The Trump administration has made it clear that dismantling the Education Department is a key goal, arguing that states should have full control over education. While McMahon assured senators that federal funding for programs like the Individuals with Disabilities Education Act (IDEA) would remain intact, concerns remain about how these critical services will be managed if the department’s responsibilities are transferred to other agencies, such as the Department of Health and Human Services.
Sen. Maggie Hassan (D-N.H.), whose son experiences disabilities, raised concerns about the risks of transferring IDEA oversight. "Before IDEA, schools routinely excluded children with disabilities," Hassan said. "We cannot go back to a time when states were left to decide whether or not they would educate our most vulnerable students."
McMahon maintained that IDEA funding would not be cut but suggested it might be more efficiently administered outside the Education Department. Sen. Patty Murray (D-Wash.) was skeptical, questioning whether another agency could maintain the necessary focus on special education services. "Shifting responsibility without a clear plan risks leaving these students behind," Murray said.
The Department of Government Efficiency (DOGE), led by Elon Musk, recently slashed nearly $900 million in Education Department contracts, including significant cuts to the Institute of Education Sciences (IES). The institute, responsible for collecting and analyzing education data, plays a role in evaluating and improving programs for students with disabilities. Disability groups and educators alike are saying that ending these research contracts could stunt progress in understanding effective teaching strategies and interventions.
One research initiative cut by DOGE involved developing high-impact tutoring models to help students recover from pandemic-related learning loss—a key concern for students with disabilities, who were disproportionately affected by school closures. Sen. Susan Collins (R-Maine) highlighted the importance of continuing such research, asking McMahon if data-driven decision-making would remain a priority. McMahon responded vaguely, promising to study the programs further.
In addition to research cuts, DOGE eliminated 29 diversity, equity, and inclusion (DEI) training grants. While the administration characterized these programs as wasteful, some grants focused on helping teachers create more inclusive classrooms for students with disabilities. The removal of these resources could reduce professional development opportunities for educators trying to support diverse learners effectively.
During the hearing, McMahon emphasized her support for expanding school choice, including vouchers and charter schools. Critics argued that such policies could divert public funds from traditional public schools, potentially reducing resources for special education services. Sen. Lisa Murkowski (R-Alaska) expressed concerns about how school choice policies might affect rural areas where options are limited. "In many rural districts, there is no choice," Murkowski said.
The potential dismantling of the Education Department also raises questions about enforcement of civil rights protections. IDEA guarantees students with disabilities access to a free and appropriate public education, but it relies on federal oversight to ensure compliance. Without a dedicated federal agency, advocates fear that enforcement could weaken, leaving students vulnerable.
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AG Paxton Sues to Eliminate Section 504
But what is interesting is that the relief these states seek is to declare 504 unconstitutional, and it would therefore cease to exist. This lawsuit could effectively dissolve all protections for students with special needs currently benefitting from 504 plans or who would benefit in the future. It leaves questions about what schools will be expected to do with students currently in 504 that do not need specially designed instruction.
The plaintiffs that were named in the case are Xavier Becerra as the Secretary of Health and Human Services and the Health and Human Services department itself. Becerra no longer is the Secretary of HHS, and Robert F. Kennedy, Jr. was confirmed for that role Thursday. Kennedy has said he would support President Trump’s push to reverse expansion of transgender care, so it is unclear whether the current administration would fight this lawsuit that would have far greater implications than reversing transgender care.
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Texas House Speaker Names Committees
Rep. Brad Buckley will again head the Public Education Committee, focusing on key education policy. His vice chair is Democrat Diego Bernal.
House Public Education Committee
Brad Buckley, chair (R-Salado)
Diego Bernal, vice-chair (D-San Antonio)
Alma Allen (D-Houston)
Trent Ashby (R-Lufkin)
John Bryant (D-Dallas)
Charles Cunningham (R-Humble)
Harold V. Dutton, Jr. (D-Houston)
James B. Frank (R-Wichita Falls)
Gina Hinojosa (D-Austin)
Todd Hunter (R-Corpus Christi)
Helen Kerwin (R-Glen Rose)
Jeff Leach (R-Allen)
Terri Leo-Wilson (R-Galveston)
Alan Schoolcraft (R-McQueeney)
James Talarico (D-Austin)
Join us Friday on our Legislative Update webinar to learn more about the makeup of House committees and which ones have influence over issues we watch.