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Jessica Goff

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US Department of Education Transfers Administration of IDEA and Civil Rights Enforcement to HHS and DOJ

Jessica Goff

On June 16, 2026, the U.S. Department of Education (ED) announced new interagency agreements (IAAs), partnering with the Department of Health and Human Services (HHS) for the administration of the Individuals with Disabilities Education Act (IDEA) and with the Department of Justice (DOJ) for enforcement of civil rights in the educational context. These IAAs are in addition to the previous 10 IAAs that ED has entered into as a part of the Administration’s effort to reduce the footprint of the Department of Education, and ultimately, eliminate the Department.

Under the Department of Education Organization Act (DEOA), Congress assigned the legal authority for the IDEA and civil rights enforcement in education to ED. Therefore, ED cannot completely eliminate its statutory responsibilities through the IAA—it needs Congress to change the law. However, ED can change how the day-to-day implementation plays out, where staff are located, and how decisions are made. That’s where these IAAs come in.

Ultimately, it remains to be seen how much of a change school systems will see in their interactions with ED’s program offices that manage these programs. Anecdotally, we have heard that prior IAAs have had minimal impact on school systems. When the ED and Department of Labor (DOL) IAAs were signed, there were significant concerns from advocates and stakeholders related to whether there would be delays in disbursement of grant funds, confusion regarding points of contact, or potential inaccurate technical assistance and responses from the federal level. However, at least in terms of career and technical education programs that were transferred to DOL, services have not been delayed, but rather, there are more points of contact for grantees and grants are being announced on multiple platforms. We hope that, at most, that’s what we see related to the IDEA.  Based on what we have seen so far related to civil rights, we expect an increase in enforcement action against school districts and states by ED and DOJ. Below we provide more information about what’s in the IAAs.

ED and HHS

Under the IAA between ED and HHS, the following programs are being transferred to HHS, but overall supervision remains with ED:

  • Formula grant program components and discretionary grant program components authorized under the Individuals with Disabilities in Education Act (Part B, Part C, and Part D)
  • Formula grant program components and discretionary grant programs components authorized under the Rehabilitation Act of 1973
  • Randolph-Sheppard Vending Facility Program
  • Vocational Rehabilitation Disability Innovation Fund
  • Program components authorized under the Special Olympics Sport and Empowerment Act of 2004
  • Program components authorized under the Education of the Deaf Act of 1986, including the National Technical Institute for the Deaf
  • Program components authorized under the Helen Keller National Center Act
  • Program components relating to the American Printing House for the Blind
  • Gallaudet University

According to the ED Office of Special Education and Rehabilitative Services (OSERS) and HHS Fact Sheet, available here, OSERS will remain ultimately responsible for the IDEA programs. However, HHS “will support meaningful stakeholder outreach; grant administration; enforcement, compliance, and monitoring activities; annual performance determinations and assessments; collection, reporting, and analyzing of data for monitoring compliance; and drawdowns of Federal funds. All Fiscal Year 2026 grant awards, and supplemental awards, will be awarded through ED’s G5 system. Subsequent grant awards will be awarded and managed through HHS’s GrantSolutions and Payment Management System.” Therefore, grantees won’t see a change in how they receive their FY 2026 funds, but they will see changes in subsequent years, as the implementation moves over to HHS’s systems.

The Fact Sheet also details that “ED-OSERS will manage and lead OSERS programs and activities; coordinate the execution of cross-functional priorities; coordinate clearance of policy and grant documents; manage the resolution of matters requiring the exercise of final and conclusive authority that has been assigned by statute to the Secretary of Education; and provide technical assistance and meaningful stakeholder outreach to ensure that ED and HHS work jointly with members of the disability community, including individuals with disabilities and their families, to improve outcomes for infants, toddlers, children, youth, and adults with disabilities.”

ED and DOJ

There are three new IAAs between ED and DOJ.  Under the Civil Rights IAA, according to the Fact Sheet, available here, the IAA, “will not impact students, parents or families who believe they have experienced discrimination. Anyone who believes discrimination has occurred in an education program or activity may file a complaint with ED-OCR. ED-OCR has the authority to investigate complaints of discrimination based on race, color, national origin, sex, disability, or age. Students, parents, and advocates who believe they have been discriminated or retaliated against may file an electronic complaint, accessible on ED-OCR’s website. ED-OCR enforcement staff remain available to answer questions regarding the status of any filed complaints.

It remains to be seen, but we predict that we will see a continued increase in enforcement proceedings (including withholding of funds), rather than a collaborative approach, now that DOJ is playing an increased role in civil rights enforcement. For example, ED and DOJ have already announced that they will “take appropriate enforcement measures, including applicable judicial proceedings and potential loss of federal funding” in Kansas City, Kansas Public School District as a result of their failure to come into voluntary compliance with the Federal Educational Rights and Privacy Act (FERPA) because of their policy related to informing parents of their child’s transgender status at school.  The Civil Rights Fact Sheet did not detail the responsibilities that each agency would have under the IAA.

Under the Student Privacy IAA, according to the Fact Sheet, available here, “DOJ will review complaints alleging privacy violations, conduct necessary investigations and recommend potential resolutions. ED will continue to perform the management and leadership of SPPO, and will have final authority over the resolution of matters, including making final determinations with respect to any enforcement decisions, programs, policies, practices, and personnel decisions.

Under the Training and Advisory Services IAA, according to the Fact Sheet, available here, “In coordination with ED, DOJ will provide technical assistance in the Training and Advisory Services program components authorized under 42 U.S.C. § 2000c-2 [Technical assistance in preparation, adoption, and implementation of plans for desegregation of public schools], intended to provide technical assistance at the request of school boards and other responsible governmental agencies in the preparation, adoption, and implementation of plans for the desegregation of public schools, and in the development of effective methods of coping with special educational problems occasioned by desegregation. Through ED leadership, ED will continue to manage the overall technical assistance authorized under 42 U.S.C. § 2000c-2, coordinate all related policy guidance, rulemaking, Federal Register notices, budget justifications, and exercise authority in all matters assigned by statute to the Secretary of Education . . . Eligible entities currently receiving technical assistance should expect to receive support from DOJ on their desegregation efforts moving forward.

MABE remains committed to supporting special education students and students’ civil rights. We will continue to monitor the implementation of these IAAs, in addition to other Federal education developments, and provide timely updates for our members.

If you have any questions, please feel free to reach out to MABE Government Affairs Associate Jessica Goff.

MABE Perspective on Board of Education for Wicomico County v. Rhonda V. Sturm

Sam Mathias

The Maryland Supreme Court issued a significant opinion on June 23 in Board of Education for Wicomico County v. Rhonda V. Sturm, clarifying the scope of sovereign immunity for local boards of education facing historical claims under the Child Victims Act of 2023 (CVA). The Court held that county boards retain complete sovereign immunity for claims arising from conduct before 1971, because the General Assembly never appropriated funds or provided a funding mechanism to pay such judgments.  The Court explained clearly, “the only mechanism the General Assembly has ever provided for that purpose is [ ] authorizing and requiring the Board to procure comprehensive liability insurance,” which did not exist until July 1, 1971. (See Opinion at 40).

The Court also held that a lower court’s order denying a motion to dismiss on the ground of complete sovereign immunity is immediately appealable, meaning that county boards may appeal such orders after the motion to dismiss phase, while the case is pending, and do not need to wait for a final decision because that would frustrate the purpose of sovereign immunity. (See Opinion at 2-3).

While the Court was explicit in holding that county boards retain complete sovereign immunity for pre-1971 claims, the Court was not as clear about what this case means for post-1971 claims.  The Court does not explicitly address this question, but the Court’s analysis leads to a clear implication that, because insurance is the only funding mechanism the General Assembly has ever authorized for county boards, the liability cap for any given claim should be tied to the insurance available at the time of the alleged conduct, not today’s statutory caps.  In other words, even though current liability caps for CVA claims are $400,000, because the General Assembly required boards to carry $100,000 in coverage in, say, 1985, the liability cap for allegations of 1985 conduct would be $100,000, because a board’s exposure can be no greater than the funding mechanism that existed to support it.

One could argue further that even the statutory insurance requirement is not the liability ceiling, but rather the ceiling is the actual coverage carried by a board at the time, since the Court focuses its opinion substantially on funds actually “available” to satisfy a judgment. Based on such a reading, a board whose historical policy has lapsed or whose insurance carrier no longer exists could argue it faces no liability at all for that claim. The liability framework for post-1971 claims is thus not settled by this opinion and will likely require either further litigation or drive action by the General Assembly to resolve this issue with more certainty.

You can read the Maryland Supreme Court’s full opinion here.

2026 Session Recap: Brief Highlights of Education Bills

Sam Mathias

The 2026 legislative session concluded at midnight on April 13, marking a steady but consequential year for public education. While the State largely maintained its commitment to Blueprint funding, the session brought a wide range of policy changes that will directly affect how school systems operate, govern, and support students. From facilities planning to accountability, student safety, and emerging technology, the General Assembly’s actions this year were less about sweeping change and more about shaping how existing systems function in practice.

Budget Remains Steady for FY27

The General Assembly quickly agreed on a $70.8 billion budget, including $10.1 billion for K–12 education, continuing strong, Blueprint-driven investment.  Lawmakers closed a $1.5 billion budget deficit largely through one-time fund swaps and spending delays.  As budget analysts have long noted, the dedicated Blueprint fund—billions of dollars set aside for Blueprint implementation—will be exhausted next year, and the State appears to be facing a $2.6 billion shortfall for Fiscal Year 2028, setting up stark decisions next year that could involve tax increases or significant cuts, or a mix of both.

Academic and Blueprint Revisions

MABE supported the AIB’s central policy bill this session, SB 311, which made several key adjustments to the Blueprint, including extending compensatory education funding protections through fiscal year 2028.  The State has not yet finalized a long-term methodology for identifying students in poverty, which drives compensatory education funding. That methodology will be critical to shaping future resource distribution.  SB 311 requires the AIB and MSDE to propose a new methodology by the end of 2026.

In addition, MABE supported HB 1582 – the COMPASS Act, which expands MSDE’s flexibility under the federal Every Student Succeeds Act (ESSA) to design a statewide accountability system to better differentiate among schools. The bill prohibits using teacher evaluations as a metric, limits the weight of each academic indicator, elevates growth measures, and broadens the options from which MSDE may choose for “school quality and student success” indicators to include factors such as staffing and student progress in a well-rounded curriculum, giving MSDE greater discretion to build a more meaningful system.

Security and Safety

Several school safety bills passed, including HB 326, which codifies a statewide anonymous reporting system with the Maryland Center for School Safety.  The General Assembly also passed legislation addressing adult misconduct, including SB 81, which makes it an explicit crime for School Resource Officers to engage in sexual activity with students, and HB 501, which creates a clear tiered system of penalties for adults in positions of authority engaging in solicitation, sexual assault, and repeat offenses involving children.

MABE worked closely with the bill sponsor and stakeholders on SB 685, passed by the General Assembly, which requires MSDE to develop a model response policy for school-related allegations of sexual abuse and misconduct.  The policy must include guidance on communication, document retention, centralized resources, and after-action review. The bill preserves the integrity of school, agency, and law enforcement investigations, and requires school systems to adopt aligned policies by September 2027.

The General Assembly also passed SB 810, the Maryland Values Act of 2026, a highly debated measure passed amid heightened tensions over immigration enforcement, as Maryland lawmakers moved to limit state and local involvement in ICE activity in response to increased federal enforcement.  The bill creates a broader definition of “sensitive locations” that now includes school buses and bus stops.

Bullying reporting requirements were updated through HB 14, passed by the General Assembly.  This bill modifies bullying reporting requirements by adding a new data element to capture any actual or perceived personal characteristic believed to motivate an incident.  It also requires school systems to report summarized, non-identifiable data on substantiated incidents tied to those characteristics when trends show a change in data.  MABE provided testimony that was ultimately adopted to improve this bill.

Facilities / School Construction

MABE collaborated with the Interagency Commission on School Construction (IAC) and school system facility planners to inform several improvements to the IAC’s departmental bill, SB 48. The bill provides school systems with clearer, more practical guidance to plan and deliver construction projects, including clarifying when MSDE approval is required, establishing an appeal process for unfunded projects, and modernizing debt service and facility assessment requirements. The bill was passed by the General Assembly.

Unfortunately, the General Assembly passed HB 1430, which establishes a new per pupil facility fund for charter schools on top of Capital Improvement Plan dollars allowed to the Interagency Commission on School Construction for traditional public schools.  Beginning in 2027, with few limitations, charter schools will receive $200 per pupil each year for facilities over vociferous opposition from MSEA, PSSAM, MABE, and others.

In addition, the General Assembly passed HB 854, which establishes a school construction renovation program for nonpublic special education programs, with the General Assembly signaling intent to fund the program in future capital budgets.

Board Governance

MABE worked closely with Senator King and Delegate Kerr to advance SB 646 (HB 1604), a bill sought by many school systems’ legal counsel to strengthen school systems’ position in vendor contract negotiations. The bill voids certain unconscionable boilerplate terms, including provisions requiring broad indemnification of vendors, mandating binding arbitration or out-of-state litigation, or allowing vendors to unilaterally change contract terms.  It should make negotiations with vendors much simpler for school systems. This bill was passed by the General Assembly.

Civic engagement absences were addressed in HB 575, which requires local school systems, beginning in the 2026–2027 school year, to allow excused or discretionary absences for students participating in civic engagement activities. These include meeting with members of a legislative body, testifying before a public body, or participating in the Maryland General Assembly Page Program, which will require many boards to update local attendance policies.

Despite the overwhelming majority of local school boards already having adopted their own policies on personal electronic devices, and over opposition of MABE and others, the General Assembly passed HB 525, the Joanne C. Benson Maryland Phone-Free Schools Act, requiring local boards of education to adopt policies by Fall 2027 restricting student use of electronic communication devices during the entire school day. The bill prohibits access to social media and generally requires devices to be stored, with exceptions for disability accommodations, health monitoring, language translation, and caregiving responsibilities. It also limits local discretion by setting parameters for enforcement and discipline, including a prohibition on suspension or expulsion for device use.

Special Student Populations

MABE also provided substantial input along with a consortium of stakeholders to improve SB 645, passed by the General Assembly, to strengthen the State Board of Sign Language Interpreters and support school systems’ ability to provide consistent interpretive services access for deaf and hard of hearing students. The bill delays education licensure to July 2028, allows more flexible preliminary certification to maintain access, adds education and hospital sector representation to the board, and requires data and recommendations on educational interpreting before regulations are finalized.

Technology Bills

Technology and data governance updates that the General Assembly passed include SB 601, which expands statewide cybersecurity requirements by authorizing the Department of Information Technology to establish minimum standards, requiring biennial cybersecurity maturity assessments, and mandating certification of compliance by local school systems beginning in June 2027. While aimed at strengthening system security, the bill introduces new certification obligations that may require additional capacity and coordination at the local level.

The General Assembly also enacted SB 720, the Artificial Intelligence Ready Schools Act, which directs MSDE to develop guidance and provide professional development on AI literacy and responsible use for students, educators, and families. The bill requires each school system to designate an AI coordinator and establishes a statewide AI Education Collaborative through 2028 to study and recommend best practices.

In addition to these bills and others that passed, several did not advance this session, due in part to advocacy from MABE and its partners. These included bills that would have increased civil rights investigation jurisdiction and established new, unprecedented civil rights of action against school systems, mandates on curriculum, and limited local control over vendor contracting, professional development, and local policymaking, among others.

The 2026 session reflects a continued emphasis on implementation of the Blueprint, of statewide standards, and of new operational expectations for school systems. MABE will continue to work with policymakers, state agencies, and local boards to ensure these changes are implemented in a way that supports strong governance and student outcomes.

For more information on the 2026 legislative session and outcomes of education-focused bills, you can visit our Legislative Tracker and view our 2026 Legislative Summary Deck.

Business Executive and Public Education Advocate Joe Goetz Named MABE’s New Executive Director

Jennifer Beltz

The Board of Directors of the Maryland Association of Boards of Education (MABE) today announced Joseph (“Joe”) Goetz has been named its new Executive Director. Goetz will begin his role on April 27 with MABE, the active statewide association which represents all 24 public school systems throughout Maryland.

Goetz’s broad past experience in both private-sector management and school board governance, as well as his past presidency of MABE, represent an ideal combination, noted MABE President Diana Hawley, who also serves on the Board of Education of Cecil County. Hawley emphasized the strength of Goetz’s team-building approach and experience in senior leadership roles leading cross-functional teams.

You can read more details on Joe’s broad background in this press release. Welcome, Joe – we see great things ahead!

Prince George’s County Public Schools named Grand Prize Winner of 31st Annual Magna Awards

Jennifer Beltz

Prince George’s County Public Schools and its Environmental Office are being honored for the school system’s innovative efforts focused on how deeply student well-being ties to a healthy school environment when it comes to key components like healthy indoor air quality (IAQ).

The school system recently earned 31st Annual Magna Awards Grand Prize standing for its dedicated work on this front, and will be profiled in the April issue of the quarterly American School Board Journal.

According to a related press release, “Recognizing the direct link between a healthy school environment and student well-being, the district prioritizes support of healthy IAQ through its dedicated Environmental Office. The newly developed comprehensive IAQ plan is based on the guidelines set forth by the EPA and the Go Green Initiative training. The plan will help the district meet the goals of creating healthy indoor environments for staff and students.”

Additional details on the school system’s efforts are available here.

Kudos to Prince George’s County Public Schools for an important job well done!

The New MABE Scoop is Out!

Jennifer Beltz

Our most recent issue of The MABE Scoop features news on MABE’s handy new legislative tracker, wrap-up info on this year’s Maryland School Board Recognition Month, upcoming trainings, new staff and more. You can find the current issue here. Thank you to all school board members for your continued work and dedicated efforts!

January is Maryland School Board Recognition Month! State Superintendent Carey Wright, Ed.D. Offers Her Thanks

Jennifer Beltz

For their selfless, daily efforts working to champion quality public education in Maryland, enormous thanks from the Maryland Association of Boards of Education (MABE) go to local school board members from throughout our state. So many students, their families, and communities appreciate and benefit from your important work. If you’re a school board member, your ongoing work and dedicated efforts mean so much!

In a special message honoring Maryland School Board Recognition Month this January, Maryland Superintendent of Schools Carey Wright, Ed.D. notes local school board members’ efforts “are essential to the continued progress of Maryland Public Schools.” She adds, “Representing your communities, you play a vital role in shaping the future of education across our state. Your work involves balancing diverse perspectives, navigating complex challenges, and making decisions that directly affect students, families, and communities. The time and dedication that you bring to this work make a difference for students across our state.”

You can find Superintendent Wright’s full message here.

Launched by MABE in 2022, our association will be marking Maryland School Board Recognition Month throughout January on our social media pages. Please visit us at Facebook, LinkedIn and X to join the conversation.

Thank you again, local school board members! Your continued, collective work truly is helping make all the difference for so very many potential-filled students and public schools.

MABE Annual Conference Pics, News & Resources in The MABE Scoop’s Oct. Issue

Jennifer Beltz

Be sure to check out the October issue of The MABE Scoop, featuring downloadable presentations from our variety of Annual Conference speakers this year, as well as news on MABE’s newly sworn-in officials and Board of Directors.

This issue also features Annual Conference photos, and news on the 2025 winner of MABE’s biennial Distinguished School Board Service Award winner.

(Psst . . . MABE members, don’t forget to mark your calendars for MABE Annual Conference 2026, to take place Oct. 19-20 at The Westin Annapolis!)

Cecil County Board of Education President Diana Hawley Named President of Maryland Association of Boards of Education

Jennifer Beltz

Congratulations to Cecil County’s Diana Hawley on having recently been named MABE’s new president for the 2025-2026 term. She assumes the MABE presidency following the 2024-2025 term of MABE President Karin M. Bailey, Chair of the St. Mary’s County School Board. Hawley was sworn in on Oct. 20 during MABE’s Annual Conference 2025, held in Annapolis.

President of the Board of Education of Cecil County and a member of the school board since 2018, Diana has a background in early childhood education and early intervention. She has been an active leader and advocate for Cecil County Public Schools for over 15 years.

“At MABE, we’ve seen up close Diana’s rock-solid commitment to Maryland students and public schools,” said MABE Executive Director Milt Nagel. “Her extensive experience in Maryland’s education community means she brings a valuable first-hand perspective to MABE members’ collective work championing excellence in Maryland public education. Despite such challenging times for public education as a whole, we see great things ahead under her collaborative, innovative leadership.”

Also sworn in during MABE’s Annual Conference 2025 were MABE’s newly elected officers and Board of Directors. MABE President-Elect for the coming year is Brenda Wolff (Montgomery County); the association’s new Treasurer is Frederick County’s Karen Yoho; and its new Secretary is Howard County’s Jolene Mosley. In addition to MABE’s officers, the association’s incoming Board of Directors is comprised of 12 board members from 11 Maryland counties and Baltimore City.

Additional details may be found in MABE’s Oct. 22, 2025 press release.

Prince George’s County Board of Education’s Pamela Boozer-Strother Earns MABE’s Distinguished School Board Service Award

Jennifer Beltz

MABE announced today that Pamela Boozer-Strother has earned its biennial “Distinguished School Board Service Award,” presented to a school board member who has made outstanding contributions to public education through school board service in Maryland.

Singled out for her strong advocacy, leadership, and collaboration skills, award nominators emphasized her “unwavering commitment to advancing equity, sustainability, and excellence in public education.”

Boozer-Strother is serving her second four-year elected term with the Prince George’s County Board of Education, which serves nearly 133,000 students. Her policy accomplishments alongside school board colleagues range from the PGCPS Climate Change Action Plan, recognized as a national leader in the K-12 sector, to the complex Educational Facilities Master Plan Updates and Blueprint Schools Public-Private Partnership (“P3 Program”), involving 14 schools and a $2.2B+ budget.

She has been active with MABE since 2018, having served on several of the Annapolis-based association’s committees, including Legislative, Policies & Procedures, and the Blueprint for Maryland’s Future Ad Hoc Committee.

The award will be presented this October 20th during MABE Annual Conference in Annapolis. More details about MABE’s Distinguished School Board Service Award and Boozer-Strother’s professional background are available here.

Congratulations for this well-earned recognition!