As many of you know, the latest COVID-19 federal legislation included a section requiring the Department of Education to issue a report on recommendations on any additional waivers the Secretary deems necessary under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 (Rehabilitation Act) and other education laws. The legislation did expand the Department of Education's authority to waive other requirements for school accountability and assessments. We are disappointed that special interests got a report included in the legislation, but we are relieved they did not get authorization to waive IDEA or Rehab Act provisions at this point. In fact, advocates in DC were successful in getting the Office of Special Education to issue guidance affirming that IDEA and Rehab Act cannot be waived.

But we remain vigilant on this issue. That's why NACDD joined members of the Consortium for Citizens with Disabilities (CCD) in sending the attached letter to Secretary DeVos stating that we are "unwavering in our pursuit of educational equity and stand unified in the strong conviction that NO ADDITIONAL waivers are necessary under either the IDEA or the Rehabilitation Act."

Right now, Congress is negotiating the next COVID-19 bill. NACDD will continue to fight attempts to use this public health emergency as a reason to justify opening up civil rights laws to harmful amendments or harmful waiver authorities.