CASE POLICY PRIORITIES FOR THE NEW ADMINISTRATION

Background and Purpose

The Council of Administrators of Special Education (CASE), the largest division of the Council for Exceptional Children, is an international nonprofit professional organization providing leadership, advocacy, and professional development to special education administrators responsible for the implementation of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. Our members are frontline leaders who work on behalf of children and youth with disabilities and their families in public and private school systems and institutions of higher education. These individuals have dedicated their careers to ensuring high-quality educational services for students with disabilities in accordance with federal law.

Students with disabilities need a comprehensive, well-integrated system of supports led by qualified educators – teachers, specialized instructional support personnel, administrators, and paraeducators – who work in partnership with families and the community. CASE supports policies that unite and provide empathic leadership, coupled with sufficient federal funding and resources that lead to success in school and beyond for children and youth with disabilities.

Policy Priorities for a New Administration

1. Maintaining a Strong Federal Role in Public Education

CASE believes the federal government has a vested interest in ensuring a well-educated population, which is critical to the continuing prosperity and security of the nation. The policies and resources provided by the federal government, especially for children and youth with disabilities and other diverse groups, will enhance their ability to achieve at the highest level and give back as adults to the nation and the global community.

The federal government, through the U.S. Department of Education, plays a crucial role in shaping special education policy that ensures equitable access to quality education for students with disabilities. The agency houses a wealth of expertise that supports the work of state and local educational agencies. The Department collects data on American education, funds and disseminates current research, and highlights critical issues, including equal access to education, equity in service delivery across school districts, and fostering and improving educational outcomes for all students. The regulations, policies, and guidance issued by the Department, as well as ongoing evaluation and monitoring of state and local education agencies, are important to ensuring effective implementation of federal laws, including the IDEA.

2. Keeping Public Funds in Public Schools

CASE opposes all publicly funded subsidies of private education, including private school voucher programs, tax credits, education savings accounts, scholarships, and portability plans. CASE supports parents' right to send their child to a private school, if parents elect to pay for that option. However, CASE believes public funds appropriated by the federal government should be used only for public, not private, education. Ninety percent of American students in grades K-12 attend public schools. Redirecting critical public funding to private schools is contrary to the best interests of all students, including students with disabilities, families, public schools, local communities, and taxpayers. Maintaining a strong public education system is essential to provide equitable opportunities and positive educational outcomes for all students. 

Students with disabilities do not have equal access to private schools, and some private schools have mission-driven admissions practices that specifically exclude these students. In addition, private schools are not required to provide students with disabilities a free appropriate public education (FAPE) in accordance with the IDEA. Private schools are not required to hire state-certified personnel, nor do they have to provide students and their families basic procedural safeguards and rights under the IDEA. All students with disabilities must have the opportunity to attend schools where their right to FAPE is respected and appropriate supports and services are available. Public fiscal support to secular and parochial private schools should be limited to the proportionate share requirement already mandated under the IDEA.

3. Fully Funding the IDEA

CASE supports prioritizing spending on education – among the best investments the nation can make – through an overall federal investment for education of at least 5 percent of the total federal budget. CASE also supports enactment of a 10-year glidepath to fully fund the IDEA, enabling school districts to provide equitable evidence-based support for children and youth with disabilities and hire more fully prepared special education professionals.

Children and youth with disabilities participate in and benefit from all federally funded education programs, and the IDEA is the main vehicle for providing the specialized instruction and services those students require. In 1975 when the Education for All Handicapped Children Act – the precursor law to the IDEA – was enacted, Congress authorized the federal government to provide up to 40 percent of the excess costs of educating children with disabilities, known as "full
funding." Currently the federal contribution is around 13 percent, leaving states and school districts to pay the balance and increasing the burden on local taxpayers. Increasing educational investments for children and youth with disabilities, from early childhood through high school, will result in smoother transitions to postsecondary education and employment and ultimately financial independence.

Uplifting a strong federal investment in education will in the short term support greater student achievement and in the long term greater economic output, community engagement, and a well-informed populace prepared to engage in a global environment.

4. Attracting, Preparing and Retaining High-Quality Educators

To address persistent educator shortages, CASE supports federal incentives, such as loan forgiveness and scholarships, to recruit and retain qualified educators. CASE also supports increased investments in Title II of the Higher Education Act and the IDEA Part D Personnel Preparation program. The federal government also has a role in supporting alternate pathways for re-specialization, re-licensure, and alternative routes to educator licensure.

CASE is deeply concerned about the continuing serious shortages and lack of diversity among special and general education teachers, specialized instructional support personnel (related services), and special education administrators. Every student deserves an equitable opportunity to achieve in school and prepare to meet their postsecondary goals—college, career/vocation, independence. These personnel shortages negatively impact schools' ability to move students
toward their educational and postsecondary goals.

In March 2023, the National Center of Education Statistics reported that 51 percent of public schools said they would need to fill special education positions before the start of the 2023-24 school year (School Pulse Panel, 2023). In June 2024, the Bureau of Labor Statistics reported 290,000 state and local education job openings, but only 152,000 hires. Significant shortages extend also to early intervention providers and specialized instructional support personnel. Most
important, between 2009 and 2020, total enrollment in teacher preparation programs decreased by 16 percent (U.S. Dept. of Education). Similarly, 85,000 fewer teacher candidates were enrolled in teacher preparation programs in 2020-21 compared to 2012-13 (Learning Policy Institute). In addition to fewer enrollees, the number of higher education faculty in educator preparation programs declined by 13 percent in 2020-21. The pipeline problem is magnified further by the
significant debt students incur to attend college and the continuing salary lag for educators in comparison to many other professions.

5. Supporting Interagency Collaboration to Address Mental Health and Wellness

CASE supports increased federal investments to assist school districts in hiring more school-employed mental health professionals. The two mental health grants originally funded under the Bipartisan Safer Communities Act must be fully authorized to address the pipeline for and shortages of these professionals. CASE also supports adopting policies and funding programs that promote prevention and interdisciplinary partnerships among education, early childhood, juvenile justice, mental health, and community mental health providers to ensure the well-being of all children and youth.

According to the School Pulse Panel (National Center for Education Statistics, 2024), 58 percent of public schools reported an increase in students seeking school-based mental health services over the previous school year. One in six children has a mental health condition, but only half receive any mental health services (Centers for Disease Control & Prevention, 2023). Persistent shortages of school psychologists, social workers, and counselors must be addressed to ensure these students receive appropriate services. 

Children and youth need strong instructional programs with caring staff to experience success in school. Of equal importance is access to highly qualified mental health professionals who provide evidence-based services and interventions and help create a positive, caring environment for learning. CASE supports access to these services for all students, acknowledging that students with and without disabilities may experience mental health challenges. This is especially important for any child with a mental health diagnosis, but is especially critical for students where the severity of the challenges entitles them to special education services. 

Focused on positive behavioral and mental health supports, integrated and coordinated services among community providers, designated agencies, and school-employed mental health professionals are critical to establishing and ensuring delivery of quality programs. Interagency collaboration among public service agencies—mental health, education, and Medicaid and Medicare—and private insurance carriers also must be enforced to ensure timely service delivery.

CASE appreciates the opportunity to share these policy recommendations with you. As the local school district administrators responsible for day-to-day implementation of federal special education law, CASE members are in the best position to reflect what policy reforms are necessary to ensure each child with a disability receives a quality free appropriate public education. We look forward to having a more in-depth conversation as you work to provide a
smooth transition to the new administration.

To facilitate this conversation and for more information, please contact Phyllis Wolfram, CASE Executive Director, (417) 427-7720, [email protected], or Myrna Mandlawitz, CASE Policy/Legislative Consultant, (202) 812-8113, [email protected].