Identical U.S. House and Senate legislation is drawing bipartisan support for attempts to modernize identifications for children with reading challenges, although some disability rights advocacy groups and education organizations caution the move could put struggling readers further behind.

Specifically, the 21st Century Dyslexia Act proposes that IDEA definition of a “child with a disability” adds dyslexia as a 14th category of disabilities that qualifies a student for special education services. 

Currently, dyslexia is named as one of several disorders under the specific learning disabilities category.

The bills in Congress — S 3010 and HR 5769 — define dyslexia as an “unexpected difficulty in reading for an individual who has the intelligence to be a much better reader, most commonly caused by a difficulty in the phonological processing (the appreciation of the individual sounds of spoken language), which affects the ability of an individual to speak, read, and spell.”

The U.S. Education Department does not collect data specifically on the number of students with dyslexia. According to the Yale Center for Dyslexia and Creativity, dyslexia affects 20% of the population and represents 80% to 90% of all those with learning disabilities. It is the most common neurocognitive disorder, according to the center.

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Parents and advocates are expressing concern over the possibility of being confronted by Immigration and Customs Enforcement (ICE) agents that are unfamiliar with their circumstances and lack training necessary to help them deal with children with disabilities. The families of disabled children, who already fear their kids shutting down, running away, harming themselves or acting out when confronted under normal circumstances, have seen their anxiety skyrocket as they contemplate worst-case scenarios with federal agents. In fact, one parent, who lives near the epicenter of the daily raids and protests in Minnesota, worries about her 6-year-old autistic daughter having a meltdown during an encounter with ICE agents.

According to the 74, parents said they have no faith, after federal agents ripped a disabled, autistic woman from her car and, according to school officials, used a 5-year-old as bait this week to lure his mother from their home, that immigration officials would be patient with a child who can’t immediately respond to orders.

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On January 21, 2026, the U.S. Department of Education (USDE) signed a joint motion to dismiss an appeal in a lawsuit that sought to allow it to move ahead with its anti-DEI policy. In abandoning its appeal, the agency signaled that it’s effectively stepping back from trying to enforce the policy.

In its February 14, 2025 anti-DEI Dear Colleague letter (DCL), the USDE averred that some schools’ race-based equity programs discriminate against White and Asian students and could result in their federal funding being withdrawn stating that “treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent.”

The Feb. 14 Dear Colleague letter cited the recent U.S. Supreme Court decision in SFFA v. Harvard which banned race-conscious college admissions practices, using it as a reason to dismantle other diversity, equity and inclusion (DEI) initiatives in education.

Subsequently, in August 2025 a federal judge in Maryland issued a preliminary injunction in  American Federation of Teachers v. U.S. Department of Education. That injunction temporarily blocked the anti-DEI DCL and a subsequent letter requiring school districts to certify that they do not incorporate DEI in their schools. The USDE appealed that ruling, but has now dropped the appeal.

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A bipartisan and bicameral proposed agreement released on January 19, 2026 would fund the U.S. Department of Education (USDE) at $79 billion for fiscal year 2026 (FY26), which is $217 million above FY 2025 levels. The agreement would derail the Trump administration’s efforts to downsize and eventually eliminate the USDE.

The proposed budget deal, coming months after the fiscal year began October 1, 2025, would include slight increases for special education programming, rural education and Impact Aid, which provides additional financial support to communities with tax-exempt federal properties.

The new budget proposal would also explicitly prevent the USDE from transferring statutorily required program responsibilities to other federal agencies. The House and Senate FY 26 bill would also require USDE to make formula grants available to states and school districts on time and to issue funds at levels dictated by Congress in the funding bill. It also would add a new requirement to maintain the USDE staff at levels necessary to fulfill its statutory responsibilities, including carrying out programs and activities funded in the bill.

Republican and House appropriations leaders praised the funding proposal, which is expected to be voted on before January 30, 2026.

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