On Tuesday, 11 March, the Department of Education fired over 1,300 workers, nearly half of the department. Afterward, Linda McMahon told reports that legally-mandated employees, and programs protecting disabled students’ rights were not affected; however, that was a lie. In the same interview, she also revealed she did not know what IDEA stands for.
Federal work has some in-built protections to layoffs generally, but on top of that, some of the jobs removed yesterday are legally-mandated, making it illegal for those positions to be vacant.
The layoffs had a wide reach across departments, but it’s been confirmed that some of those removed were from OSERS, the Office of Special Education and Rehabilitative Services.
OSERS oversees and funds early intervention and IDEA law, various Vocational Rehabilitation programs, and special institutions like the American Printing House for the Blind, Helen Keller National center for DeafBlind, National Technical Institute for the Deaf (NTID) and Gallaudet.
Without a functioning department for funding and advocating for these programs, they are in danger. With respect to Gallaudet, specifically, the university has some special protections due to its Charter, but it is not immune to cuts, and there is no specific amount of funding guaranteed.
Ultimately, this is no longer about debating various political policies anymore, but about returning to the rule of law.
Action Items
1. Don’t panic. There are currently many unknowns, which can be scary, but instead of spiraling you can–
2. Call your senator. Tell them to vote NO on the budget resolution until those who are illegally fired are reinstated, and there are guardrails in place to revoke financial control to DOGE and return it to Congress, as it says in the Constitution.
The Senate Democrats have leverage at this moment, because bipartisan effort will be required to pass the bill by Friday, so please let Senators, especially Democratic Senators know it’s past time to stand up for the rule of law.
3. If you are in DMV area, there will be a protest outside the Department of Education building tomorrow (Thursday the 13th) starting at 1PM. Show up if you can.
4. Spread the word. Not only will these actions harm children and society overall, but they are illegal. People in power are not above the law in this or any context.
Linda McMahon confirmed, prepares to gut DoED. The Senate confirmed Linda McMahon to her post as Secretary of the Department of Education. Almost immediately she sent out an email to all employees titled, “Our Department’s Final Mission” detailing her desire to emphasize patriotism and vocational skills in American education, while simultaneously dismantling federal oversight. Trump was due to sign an EO aimed at gutting the dept on Thursday, but delayed due to unpopularity. (Keep it up!)
Musk calls people who receive government assistance the “parasite class.” Musk posted on X referring to people who receive Social Security or government assistance as the “parasite class.” The comment comes as DOGE seeks to gut the Social Security Administration and the GOP sets its sights on Medicaid funding.
Dehumanizing rhetoric, especially referring to people as animals, is Stage 4 in the Ten Stages of Genocide. In the lead up to the Rwandan genocide, the Tutsis were called “cockroaches”; in Germany, Nazis called Jews “vermin,” disabled people “useless eaters,” and more.
Executive Order “Designating English as the Official Language of the US”. The EO declares English the US’s official language and revokes the Clinton EO, “Improving Access to Services for Persons with Limited English Proficiency,” Individual agencies can now choose whether they want to provide materials in other languages.
The changes may have dangerous impacts for those needing medical and legal interpreters, as well as educational impacts for English language learners. Section 504 and the still ADA protect the right to ASL interpreters, but procuring funding may be more complicated, (and the 504 lawsuit even more consequential).
DOGE Takes Aim at Social Security Administration. Workers inside the Social Security Administration (SSA) said DOGE have been controlling their computer access for weeks, including internet access to outside news websites. A new plan aims to cut 12% of the workforce, or about 7,000 people, though more are expected to be driven out by stressors. The SSA workforce was already stretched thin, operating at a 50-year low.
Musk called social security a “Ponzi scheme” and alleged massive fraud. However, American workers pay into Social Security to receive their retirement benefits, and there is no evidence of widespread fraud. 70 million retired and disabled Americans depend on Social Security benefits. They layoffs may cause payment delays and make it harder to access SSA offices, helplines, and more.
More Attacks on Veterans Affairs, Employment. The Department of Veterans Affairs announced a major overhaul this week, with a goal to lay off approximately 80,000 workers. The plan is sure to disrupt veterans’ healthcare, hospitals, mental health services, and other benefits, as well as lay off many veterans in the process–the federal government is also the number one employer of disabled veterans across many agencies.
In discussing the potential layoffs, Alina Habbas, one of the President’s lawyers, said, that those veterans affected may not be “fit to have a job at this moment.”
RFK Jr. waffles on vaccines as US Sees 2nd measles death. RFK Jr. Released an Op-Ed on Fox News that appeared to encourage people to get vaccinated against the measles as the outbreak surged in Texas and cases appeared on the east coast. Others say RFK’s views are unchanged, and his mention of “therapeutic treatments” in addition to vaccines is a dog-whistle to antivax followers.
Under Kennedy, the CDC announced a new large-scale study into vaccines and autism on Friday. The topic has already been thoroughly studied, with no link found. Increased rates of autism in children are attributed to better screenings.
Eugenics and “Race Science” conference to convene in Texas. The 2nd annual “Natal Conference” will take place at University of Texas at Austin’s AT&T Conference Center on March 27-28th. “Natalism” is philosophy that believes in the importance of childbearing for social (or religious) reasons, and thus advocates for a high birthrate.
Eugenics and “race science” are strains of pseudoscience founded in the belief that humanity can be “improved” through selective breeding. Typically, these ideas are used to reinforce racist stereotypes and ableism. Various far-right and neofascist influencers are slated to speak. Musk has also been invited.
Texas v. Beccera lawsuit continues. Attorneys General continue to use transphobic rhetoric to attack Final Rule and Section 504. Participants continue to say they do not want to dismantle disabled people’s rights, but have not revoked the original filing, which explicitly asks for 504 to be declared unconstitutional (p 37-42).
504 protects disabled people’s rights in all spaces that receive federal funding, but could have major implications for those needing interpreters in hospitals in light of the new English EO. The next update is due in April.
Action Items Share this info. Disability is often lost in mainstream coverage.
Call your Rep. and tell them NO cuts to Medicaid/SNAP and Veterans’ care, and YES to the Dept. of Education Protection Act.
Call your Rep. and Senators and remind them that Social Security is *our* money, not Musk’s.
Protest U of T’s hosting of the upcoming racist and eugenicist conference.
If your state is involved, contact your Attorney General and ask them to withdraw from Texas v. Beccera. Tell them you stand in solidarity with disabled people, and trans folks.
When I took the oath of office as Secretary of Education, I accepted responsibility for overseeing the U.S. Department of Education and those who work here. But more importantly, I took responsibility for supporting over 100 million American children and college students who are counting on their education to create opportunity and prepare them for a rewarding career I want to do right by both.
As you are all aware, President Trump nominated me to take the lead on one of his most momentous campaign promises to families. My vision is aligned with the President’s: to send education back to the states and empower all parents to choose an excellent education for their children. As a mother and grandmother, I know there is nobody more qualified than a parent to make educational decisions for their children. I also started my career studying to be a teacher, and as a Connecticut Board of Education member and college trustee, I have long held that teaching is the most noble of professions. As a businesswoman, I know the power of education to prepare workers for fulfilling careers.
American education can be the greatest in the world. It ought not to be corrupted by political ideologies, special interests, and unjust discrimination. Parents, teachers, and students alike deserve better.
After President Trump’s inauguration last month, he steadily signed a slate of executive orders to keep his promises: combatting critical race theory, DEI, gender ideology, discrimination in admissions, promoting school choice for every child, and restoring patriotic education and civics. He has also been focused on eliminating waste, red tape, and harmful programs in the federal government. The Department of Education’s role in this new era of accountability is to restore the rightful role of state oversight in education and to end the overreach from Washington.
This restoration will profoundly impact staff, budgets, and agency operations here at the Department. In coming months, we will partner with Congress and other federal agencies to determine the best path forward to fulfill the expectations of the President and the American people. We will eliminate unnecessary bureaucracy so that our colleges, K-12 schools, students, and teachers can innovate and thrive.
This review of our programs is long overdue. The Department of Education is not working as intended. Since its establishment in 1980, taxpayers have entrusted the department with over $ 1 trillion, yet student outcomes have consistently languished. Millions of young Americans are trapped in failing schools, subjected to radical anti-American ideology, or saddled with college debt for a degree that has not provided a meaningful return on their investment. Teachers are leaving the profession in droves after just a few years- -and citing red tape as one of their primary reasons.
The reality of our education system is stark, and the American people have elected President Trump to make significant changes in Washington. Our job is to respect the will of the American people and the President they elected, who has tasked us with accomplishing the elimination of bureaucratic bloat here at the Department of Education -a momentous final mission- quickly and responsibly.
As I’ve learned many times throughout my career, disruption leads to innovation and gets results. We must start thinking about our final mission at the department as an overhaul-a last chance to restore the culture of liberty and excellence that made American education great. Changing the status quo can be daunting. But every staff member of this Department should be enthusiastic about any change that will benefit students.
True change does not happen overnight – especially the historic overhaul of a federal agency. Over the coming months, as we work hard to carry out the President’s directives, we will focus on a positive vision for what American education can be.
These are our convictions:
Parents are the primary decision makers in their children’s education.
Taxpayer-funded education should refocus on meaningful learning in math, reading, science, and history–not divisive DEI programs and gender ideology.
Postsecondary education should be a path to a well-paying career aligned with workforce needs.
Removing red tape and bureaucratic barriers will empower parents to make the best educational choices for their children. An effective transfer of educational oversight to the states will mean more autonomy for local communities. Teachers, too, will benefit from less micromanagement in the classroom- enabling them to get back to basics.
I hope each of you will embrace this vision going forward and use these convictions as a guide for conscientious and pragmatic action. The elimination of bureaucracy should free US, not limit us, in our pursuit of these goals.
I want to invite all employees to join us in this historic final mission on behalf of all students, with the same dedication and excellence that you have brought to your careers as public servants.
This is our opportunity to perform one final, unforgettable public service to future generations of students. I hope you will join me in ensuring that when our final mission is complete, we will all be able to say that we left American education freer, stronger, and with more hope for the future.
The full Senate voted along party lines to advance McMahon’s nomination. The final confirmation vote is Monday, 3/3.
Trump has promised major cuts to the department via Executive Order once McMahon is in place, and three active bills to abolish the department are also currently in Congress.
DoED funds and oversees a variety of disability-specific programs and grants, and protects disabled students rights to attend public schools.
“End DEI” Snitch Portal Opens at DoED. The portal asks people to report K-12 schools that are supporting sex or race-based DEI initiatives, which the program frames as “discriminatory.”
The end to inclusive efforts in public schools hurts all students, with BIPOC disabled and/or LGBTQ disabled students at the highest risk of being bullied by peers, and not receiving full access to their education
Airlines petition to overturn DOT rule holding them accountable for wheelchair damage. In Airlines for America vs. DOT, the group has filed a petition to roll back a Biden/Buttigieg era update that would hold airlines accountable for damage caused to wheelchairs and mobility devices on flights.
More than 1 in every 100 wheelchairs or mobility devices are damaged in transit, often rendering them unusable and leaving passengers stranded in their new destination.
Delta, American Airlines, JetBlue, Southwest, and United are all involved.
Texas vs. Beccera lawsuit continues. An update last week attempted to shift focus to Final Rule’s spending guidance for independent living, which could affect disabled people’s rights to live in-community. They also continue to use transphobic rhetoric to attack Final Rule.
Despite reassurances, the original filing does explicitly ask for 504 to be declared unconstitutional (p 37-42). We also should not make concessions on basic rights for any humans.
A South Dakotan AG was removed from the case, but the state itself did not withdraw from the suit.
Budget Resolution with deep cuts to Medicaid, SNAP clears the House. The House passed a budget resolution requiring $880 billion in cuts, likely from the Energy and Commerce Committee, who oversees Medicaid and SNAP. Medicaid provides healthcare for 70 million disabled and low-income Americans, SNAP provides financial assistance for families who need food.
The money would instead go to tax cuts for the very wealthy, as well as to the Dept. of Defense for border programs. Changes for tax on tips and overtime was not included, despite campaign promises.
The budget now moves to the Senate, where they can propose changes. Congress will also work on the bill in committees.
RFK Jr., Rubio and DOGE attack vaccines, global health programs. The FDA meeting to plan next year’s flu shots was cancelled this week, alongside a meeting for developers of a Covid vaccine pill. A Long Covid committee was also disbanded. The move comes amid an ongoing measles outbreak, in which an unvaccinated schoolchild was the first death.
Both pandemics and vaccine refusal are bad for everyone, and disproportionately harm disabled and immunocompromised folks, as well as babies too young to receive their vaccines.
Eugenicists get promoted. Conspiracy theorist Darren Beattie is now serving as an acting undersecretary at the Dept. of State. He was fired from a first Trump administration speechwriting role after attending a white nationalist conference.
Beattie is known for bigoted comments, especially his desire to sterilize “low-IQ trash.” His advocacy for “population control” frequently targets BIPOC and disabled people.
Right-wing ideologue Bari Weiss used her platform to advocate for subminimum wage for disabled people this week. Biden’s Labor Dept had previously sought to phase out the sheltered workshop certification loophole that makes it legal.
Action Items:
Share this info. Disability is often lost in mainstream coverage.
Call your Senator and ask them to vote NO on the McMahon nomination, and on any budget that cuts Medicaid/SNAP
Call your Rep. and tell them to bring back funding for public health, and vote YES to the Dept. of Education Protection Act.
Contact involved airlines and ask them to drop their suit, and be accountable for destruction of passengers’ wheelchairs.
If your state is involved, contact your Attorney General and ask them to withdraw from Texas v. Beccera. Tell them you stand in solidarity with disabled people, and trans folks.
Make some good trouble and spam the DoED Anti-DEI portal
Be on the lookout for an incoming Executive Order about English as the national language, which could have many educational impacts.
The US Department of Education is an essential source of funding and oversight for all US students, but particularly for those with disabilities.
If you want more information about the functions of DoED and recent attacks, visit our explainer here. For a flyer with a QR code linking back to that information, go here.
Or, keep up to date on all the changes at DoED (inclusive of, but not limited to those affecting disabled people) at this spreadsheet, courtesy the volunteer Save Public Education. They’re currently in the process of building the website departmentofedtracker.com, but for now, the spreadsheet remains up-to-date!
Click on the image to view the Google Doc
ID: Screenshot of Google Sheets titled “US Dept of Education Updates.”
Resource: State-Level Proposals and Policies Affecting Education
States legislatures are capitalizing on ableist and anti-education sentiments in the White House to make their own attacks on local systems.
The HELP Committee voted along party lines, advancing Linda McMahon to the full Senate for her confirmation as Secretary of DoED.
Trump has promised major cuts to the department via Executive Order once McMahon is in place.
Three active bills to abolish the department are also currently in Congress.
DoED funds and oversees a variety of disability-specific programs and grants, and protects disabled students rights to attend public schools. Read our full explainer on DoED here.
Funding Cuts for DoED Now at $502 Million and Counting
Cuts to staffing and research grants continue as GOP promises more layoffs
Texas vs. Beccera Lawsuit on Hold; AGs Refuse to Come Clean about Scope of the Complaint
On Wednesday, involved parties wrote to the judge asking for more time to evaluate their case, and claiming they did not seek to declare Section 504 unconstitutional.
The letter still takes aim at Final Rule’s spending guidance for independent living, which could affect disabled people’s rights to live in-community. They also continue to use transphobic rhetoric to attack Final Rule.
Despite reassurances, the original filing does explicitly ask for 504 to be declared unconstitutional (p 37-42). We also should not make concessions on basic rights for any humans. See all our Texas v. Beccera resources here.
House Budget Takes Aim at Medicaid, SNAP
The House presented a budget bill that would require $880 billion in cuts from the Energy and Commerce Committee, who oversees Medicaid. Medicaid provides healthcare for 70 million disabled and low-income Americans,
On Wednesday, Trump endorsed the bill, after previously saying he wouldn’t touch the program.
SNAP, the program that provides financial assistance specifically for buying food, is also under threat.
Consolidates power under the President by taking it away from independent agencies. Says the President has the final say, including budgetary, over all parts of the Executive branch.
From a disability perspective, the future of the Federal Communications Commission is of concern. The FCC currently oversees and disburses funds for things like closed captions, captioned phone calls and text and video relay.
This move is a key tenet of Project 2025. Expanding the powers of the President and weakening checks and balances is dangerous for the health of any democracy.
Threats to Special Education at the State Level
Indiana HB 1136 appoints state governing boards over local community boards, and targets schools for charter conversion, which could harm disabled students’ services and weaken IEP oversight.
Alabama State HB197 seeks to “investigate” and fine parents who file complaints under IDEA’s due process procedures, and makes it harder to recover legal fees if a family wins their case.
After feedback from advocates, Indiana’s SB473 was revised to include ASL and all language options for deaf children’s early intervention programming. Previously the bill protected spoken language only.
Connecticut’s State Legislature is expected to approve $40 million in additional funds for special education in a vote next week
Take Action
Share this info. Disability is often lost in mainstream coverage.
Call your Senator and ask them to vote NO on the McMahon nomination and protect DoED.
If your state is involved, contact your Attorney General and ask them to drop out of Texas v. Beccera. Tell them you stand in solidarity with all disabled people, as well as trans folks. If your state isn’t involved, you can still call and ask them to protect Section 504.
Write/call your Congresspeople and tell them to fight for Medicaid, Medicare, SNAP, and Social Security. Entitlements are taxpayer money!
Keep an eye on your state legislatures and make sure they are not complying in advance!
#ProtectADA for community sharing, news, letter templates and more
Battles in the courts, Congress, and the labs this week, but the outcry against Texas v. Beccera shows the pressure still works, with some AGs backing away from the suit. Keep it up!
PS–Trans rights are human rights. This lawsuit shows us they will try to pit us against one another with misinformation, and we’re not falling for it, dudes. We fight together.
1. The Research Arm of DoED is Dismantled: The Institute of Education Services (IES) is an office within DoED that funds education research grants. Most of their grants were suddenly cut by Musk’s DOGE team this week.
AEM Education Services, an analysis vendor, also had their contracts suddenly cancelled on Tuesday. AEM’s data analysis helps decide where funding for IDEA (the law that protects disabled students rights in school) goes. Without this data, states may not receive their IDEA-related grants, making it hard to fund or execute IEPS and 504 plans and services.
2. Linda McMahon’s HELP Committee hearing begins: Trump nominated former Pro-Wrestling Executive McMahon to be the Secretary of DoED as part of his ongoing desire to abolish the agency. Inside sources say Trump will not issue his EO to gut the department until she is confirmed. While it would take an act of Congress to fully close the Department, the proposed EO will take it down to the studs. The HELP committee began their hearing on Thursday, and they are expected to vote next week.
The committee is 11 GOP-12 Dem, with Murkowski, Collins, Husted (has supported disability rights in the past) and Paul (has a deaf nephew, has signed ASL on the Senate floor) as potential pressure points. See our full DoED explainer on what the department does, current threats, sources, and action items.
4: Probationary Employees are Laid off; Deferred Resignation Program Moves Forward: Thousands of “probationary employees” across agencies, including the Department of Ed, were fired this week. “Probationary” means a person usually has less than 1 or 2 years on the job, depending on department.
Insiders saw the move as another step in the sweeping purge of federal employees to replace them with loyalists, and to shrink the civil service overall. A judge also allowed OPM’s deferred resignation offer to move forward, though the deadline to accept is now passed.
5. National Institutes of Health Slash Funding for Medical Research: The NIH announced funding for research hospitals’ and universities’ operating budgets will be reduced to 15%. Most are currently about 70% NIH funded.
Researchers and universities say this could stall or stop groundbreaking medical research and the creation of treatments and cures for a variety of disorders, diseases, and genetic conditions.
6. Center for Disease Control, National Science Foundation, and Others’ “Banned Words” List: Agencies are purging their websites and rejecting grant applications based on lists of “banned words” related to DEIA. This will ensure any research projects meant to serve marginalized people aren’t funded and known info is less accessible.
Some of the disability-related words flagged include disability, advocacy, inclusion, barrier, bias, discrimination, equality, sociocultural, social justice, equity, prejudice, multicultural, and more.
7: RFK Jr. Confirmed as Secretary of Health and Human Services: The Senate confirmed RFK Jr. to lead HHS despite his anti-scientific, anti-vaccine, and eugenicist views. His leadership will put the public health of all Americans in danger, and will be especially harmful to disabled people.
An Executive Order released immediately after his confirmation established a “Make America Health Again” commission, and included neurodivergency in a list of things that pose “a dire threat to the American People and our way of life. “
Project 2025 and S 5384 propose that in the event of DoED’s closure, IDEA oversight goes to HHS, giving RFK Jr. control over disabled children’s educational rights and funding.
8. Advocates concerned new House budget will take aim at Medicaid. The GOP proposed 2 trillion in cuts to mandatory spending, leaving many advocates concerned about the future of Medicaid.
No official numbers about where cuts will come from are available, but Medicare and Medicaid make up some of the largest pools of money over which Congress has jurisdiction. It would be difficult to approach a 2 trillion cut without some impact. Budget-related information will be a developing story as the proposal reaches the House floor for debate.
9. Texas vs. Beccera Attempts to Dismantle Section 504 Section 504 is a statute in the Rehabilitation Act of 1973 that says entities who get federal funding or grants cannot discriminate on the basis of disability. It protects disabled people’s rights to be treated at a hospital, attend public school, and receive accommodations in these and other federally-funded places.
The lawsuit seeks to roll back 2024 updates to the law, and also asks a judge to declare Section 504 in its entirety unconstitutional. 17 states are signed on.
If the statute is repealed, it will have national effect. It also sets legal precedent with which to attack the Civil Rights Act.
Involved parties are due to release a status update next week, 25 February. Read our full explainer, with links to more sources and action items.
Take Action:
Share this info. Disability is often lost in mainstream coverage
Contact Senators Collins, Murkowski, Husted, and Paul, and ask them to vote NO on McMahon’s nomination. You can contact a Senator who isn’t yours in their capacity as a committee member, as long as you are honest that you are not their constituent.
Contact your Attorney General and ask him to drop out of Texas v. Beccera if involved. If your state isn’t involved, you can still call your AG and ask them to protect Section 504 by filing an amicus brief.
Write/call your Congresspeople and tell them to fight for the Department of Education and Medicaid.
Keep an eye on your state legislatures and make sure they are not complying in advance!
Use #ProtectADA on social media for community sharing, news, letter templates and more
The news is changing so rapidly it can be hard to keep up. We’re creating flyers that will target different issues, and link viewers to with explainers and action items. Click on a flyer below to download the PDF.
President Trump has repeatedly promised to close the Department of Education, including at his September 2024 rally in Pennsylvania, and later on a Fox and Friends interview. He reiterated the plan when he nominated former WWE executive Linda McMahon to head the department. This plan can also be found in Project 2025.
Closing the Department of Education(DoED) legally would take an act of Congress. There are now currently 3 active bills that seek to dismantle it: – HR 899 “To Terminate the Department of Education” Rep. Massey (KY) -HR 369 “To Provide for the Elimination of The Department of Education, and for Other Purposes” Rep. Rouzer (NC) -S 5384 “Returning Education to our States Act” Sen. Rounds (SD)
The bills differ in their plans for the department’s functions. S 5384 relocates certain programs to other departments following Project 2025’s outlines, while HR 899’s entire text is one sentence: “The Department of Education shall terminate on December 31, 2026.”
President Trump also drafted an Executive Order designed to gut DoED. He initially planned to sign last Thursday, but pulled out due to backlash.
Elon Musk’s DOGE team cancelled most of DoED’s research in February. The Institute of Education Services (IES) is an office within DoED that funds research grants. Most or all of their grants have been cut.
AEM Education Services, a contractor of the Office of Special Ed and Rehabilitative Services(OSERS) within DoED, also had their contracts suddenly cancelled on Tuesday, February 11th. AEM’s provides data analysis to determine where IDEA –the law that protects disabled students rights at school–funding should go. Without this data, states may not receive their IDEA-related grants, making it difficult for them to execute IEPs and services.
What Does DoED Actually Do?
Founded by President Carter, DoED serves 4 essential functions:
Dispersing federal aid, like Pell grants and related FAFSA financial support for students attending college.
Collecting and sharing data, research, and training materials: DoED conducts studies on teaching methods and shares that information with schools across the country.
Choosing and advocating for key national educational issues, like the “Common Core” about things students should be able to do at a given grade level. For example: a reading standard for a first grader wouldn’t dictate what books a teacher should use, but says a student should be able to, “identify the main topic and retell key details of a text.”
Preventing discrimination and ensuring equal access to education: – DoED makes sure all K-12 students have access to “Free and Appropriate Public Education” (FAPE) by enforcing the law known as IDEA (Individuals with Disabilities Education Act). Through grants to districts, DoED also pays some IDEA-related costs through grants, though this varies from district to district. Under IDEA, a disabled child is entitled to accommodation and an Individual Education Plan, or IEP.
If a school violates the IEP or the child’s right to education, it is with DoED that parents file a complaint. (Sometimes families are told to file an additional complaint to the Office of Civil Rights under the Department of Justice, but this Office is also frozen under the current administration.”
– DoED disburses funds to a variety of deaf and disability-centered programming through the Office of Special Education and Rehabilitative Services (OSERS) as well as institutions like Gallaudet University, National Technical Institute for the Deaf, the American Printing House for the Blind, Special Olympics, Helen Keller National Center for the DeafBlind and more.
– DoED provides supplemental funding to underserved K-12 schools, known as “Title 1 schools,” in situations where state and local funding is inadequate. These schools often serve rural populations, as well as BIPOC-majority areas, and disabled students here are at already multiply marginalized.
What the Dept. of Education Doesn’t Do
Supporters of abolishing DoED often say they want to give control of education “back to the states.” But education content is already in state control.
DoED does NOT regulate specific content or curriculum. States and local school boards decide things like what textbooks, novels or other curriculum items a school district uses.
What happens to IDEA and IEPs Without DoED?
We’re not sure, exactly, whether IDEA enforcement will be moved to another department, or whether the administration will attempt to stop enforcement. As the administration is currently in contempt of several judicial orders about the constitutionality of their orders, depending solely on hope in the rule of law is not advisable.
IDEA is currently enforced by complaints to DoED and the Department of Justice’s Office of Civil Rights (OCR). Leaving parents without those avenues when districts don’t provide access leaves families without recourse, rendering IEPs less than binding.
Even if the programming is spared moved to another department, the transition would be rocky and lots of expert knowledge and policy guidance would be lost. It would be up to that new agency what kind of resources should be dedicated to IDEA enforcement. For example, if IDEA is saved and moved to HHS, it would be up to RFK Jr. to decide what happens to IDEA enforcement. Kennedy has supported anti-vax conspiracies about autism, echoed eugenicist philosophy, and suggested people with substance abuse disorders and folks who take prescription drugs, such as ADHD medication be sent to “wellness camps” to do outdoor labor.
How Can I Take Action to Save DoED?
1. Call your representatives and tell them to protect the Department of Education. While Trump and McMahon can do a lot of damage via layoffs and executive orders, it will take an act of congress to fully dismantle the department. Tell your representatives you support DoEd, and sign on to Rep. Hayes proposed HR 433 Department of Education Protection Act.
Share this Information!
Many people, especially those following only mainstream or conservative media, are missing this information, but the Department of Education protects everyone’s rights. Print out this flyer and spread the word around town!
ID: ASL interpreted version of DREDF Texas vs. Beccera, courtesy DREDF.org
Section 504 is a civil rights statute that says any entity that gets money from the federal government (funding, grants, etc.) cannot discriminate on the basis of disability. It is part of the Rehabilitation Act of 1973 law. This protection impacts education, healthcare, immigration services, child services, emergency services, clinical research, private companies who get federal grants, and all federal agencies and buildings.
Many people are most familiar with Section 504 through the use of 504 Plans to support disabled students at school. 504 Plans provide accommodations in public school settings like ASL interpreters, closed captions, ramps, preferential seating, extra time on tests, quiet testing environments, access to braille, audiobooks, FM systems, speech-to-text and AAC devices, and more.
Section 504 is a kind of statute known as a “spending clause.” There are also other civil rights spending clauses that protect people from discrimination on the basis of race and sex.
In 2024, the Department of Health and Human Services (HHS) issued some updated guidance on Section 504. These are called the “Final Rule.” The pandemic revealed extreme inequities in healthcare remain–like hospitals denying lifesaving care on the basis of disability–so the Final Rule clarified who must follow 504, and what it means in the time of the internet. The Final Rule says 504 protection covers include all doctors and healthcare offices that accept Medicaid or Medicare, and their medical equipment, telehealth and websites. It also impacts programs for child services and independent living.
What is Texas vs. Becerra?
Texas vs. Becerra is a lawsuit with two main parts. One part asks the judge to strike down the Final Rule. The other part asks the judge to declare Section 504 as a whole unconstitutional and stope its enforcement.
Isn’t There Something to Do with Trans Folks in the Suit?
Sort of! The TLDR is that biased Attorneys Generals are using transphobia as a cover to get others to join in on their ableism. Jump down to the last section on this page to read more about the misconceptions.
What Would Happen if These States Win?
If the states succeed in striking down the Final Rule, disabled people’s enumerated protections under 504 will be taken back to what they were fifty years ago, without accounting for the internet, mobile devices, pandemic healthcare and more. Disabled people’s rights to live independently in-community would be impacted.
If the states succeed in having the entirety of Section 504 declared unconstitutional, all protections will be lost, including in education.
504 and the ADA, as well as other protective spending clauses, are linked in the way they’re enforced, so striking down 504 could endanger the enforcement mechanisms of the ADA as well.
This would also be a dangerous legal precedent for other spending clauses, like anti-race and sex based discrimination. It could set the stage for those protections to be declared unconstitutional, too.
Take Action: What Can We Do?
Seventeen states are currently signed on to Texas vs. Beccera.
Image of the US with involved states in pink. MT, UT, SD, NE, KS, TX, AK, LA, AR, MO, IN, AL, GA, FL, SC,WV. Image courtesy DREDF,org
If you live in one of the 17 states signed onto this case, contact your Attorney General today. Let them know attacking the Final Rule and Section 504 is not ok, and ask them to drop out of the lawsuit. Here are scripts you can use while contacting your AG.
If you don’t live in one of these states, you can still contact your Attorney General. Progressive AGs can watch this litigation, file an amicus brief and more.
What if my Attorney General Tells me the Case is Inactive, or Doesn’t Really Attack Section 504?
Push back on misinformation and disinformation!
“This is a case about gender dysphoria.”The preamble to the Final Rule document mentions the ongoing legal inquiry into whether gender dysphoria can be classified a disability. There are currently several other court cases examining this question, and courts are split on it. The original 504 statute does not protect folks with gender dysphoria, and though Final Rule discussions mention the ongoing question in the courts, it makes no enforceable determination, or policy guidance within the text of Final Rule itself. This is political spin used to rally conservatives to the suit. However, it is important to note that there are trans disabled folks, and that the disability community stands with all LGBTQ+ folks. You can read HHS’s Final Rule document here.
“This case only takes issue with a small part of the Rule.”The suit has multiple parts. One part attacks the Final Rule, and one part explicitly asks the judge to declare all of Section 504 unconstitutional. Point your AG to page 37 of the complaint, under the heading “Count 3: Section 504 is Unconstitutional.” The full text of the complaint is here.
“The case is inactive.”The case is not inactive. The case has been paused until February 25th, 2025 in the wake of the new administrative transition. The DOJ and other involved parties are required to provide a status update on that day.
Screenshot of pg 37 of the complaint with the header “Count 3: Section 504 is Unconstitutional”
Need to fact-check something else? Disability Rights and Education Defense Fund has a great FAQ document here, as well as many other resources about this and other attacks on their site: www.dredf.org
Spread the Word!
The media isn’t reporting much on this case. Download our flyer and share it, especially offline. Disability affects people of every race, class, age, sex, gender, national origin, political affiliation and religion. People who aren’t spending much time on social media also need this info, and we are all stronger together.
