Tag: Section 504

  • Action Item: Protect Deaf and Special Education!

    Action Item: Protect Deaf and Special Education!

    1300 Department of Education employees were laid off last week, some of them illegally, including workers in the Office of Special Education and Rehabilitative Services (OSERS), who provide a variety of special education funding and programs, oversee IDEA, and fund and support special institutions like Gallaudet, NTID, the American Printing House for the Blind, Helen Keller National Center for the Blind, and more. Take action!

    Two options:

    1. Write to your Representative in the House. Find your Representative here.
    2. Write to a Senator on the Health, Education, Labor and Pensions (HELP) Committee. Here is the full list of the committee. If your Senator serves, write them! If not, you can still choose a Senator to write to in their capacity on the committee, as long as you are honest about where you live. Here are some suggested contacts for the four Republicans most likely to stand up for special and deaf education:

    The template below can be tailored to contact a Representative or Senator, by mail or email– or one of each!

    Dear [Senator or Representative + Last Name]

    [If writing your congressperson, or if your Senator serves on the HELP committee: “I am a constituent from zip code [insert yours]”].
    OR

    [If writing to a Senator on the HELP committee not from your state: “I am a resident of writing to you in your capacity on the HELP committee.”] I am writing to express my grave concern that Linda McMahon, President Trump, and the Department of Government Efficiency (DOGE) are taking steps to abolish the Department of Education and eliminate educational opportunities for millions of students across the country, especially this impact has on students who are deaf, hard of hearing, and deafblind. This includes the termination of over 1,300 workers at the Department of Education. Linda McMahon inappropriately included in this termination of the Liaison to the Special Institutions, who works in the Office of Special Education and Rehabilitative Services (OSERS).

    The Liaison to the Special Institutions position within the Department of Education is mandated by the law The Education of the Deaf Act  (EDA) 20 U.S.C. 4356 Section 206 Liaison for Educational Programs. Through this law, Gallaudet University and the National Technical Institute for the Deaf (NTID) at the Rochester Institute of Technology (RIT) receive direct appropriations from Congress to provide education and employment services to individuals who are deaf, hard of hearing, and deafblind.  The EDA designates the Liaison to serve between the Department and Gallaudet University, NTID, and other postsecondary educational programs for individuals who are deaf under the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, and other Federal or non-Federal agencies, institutions, or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing. The law also stipulates that the person in this position must be from the deaf community.

    Without the Liaison, the Department will be unable to fulfill its critical functions as mandated in the EDA.  In order to keep operations at both Gallaudet and NTID continued without disruption, I ask that you take immediate action to have Linda McMahon correct her mistake and reinstate the employee who serves in this position. 

    Sincerely, 

    [Your name]

    [Your Contact information] 

  • Week 8 Update

    Week 8 Update

    1. Hundreds of Illegal Layoffs at the Department of Education. DoED laid off over 1300 employees Tuesday night, nearly half the department. Secretary McMahon made a statement that layoffs would not affect special ed, nor any legally-mandated positions, but that was a lie.

      Layoffs were conducted without review via a generic, “Dear colleague” letter, including eliminating workers in mandated positions that are not allowed to be vacant by law. Many workers who were supposed to continue on until the end of the month or longer cannot consistently access their emails and computers due to DOGE control.

      The layoffs spanned a variety of departments, cutting large swaths of the Office of Civil Rights (OCR).The Office of Special Education and Rehabilitative Services (OSERS) was also impacted.

      The entire office providing funding for Gallaudet, NTID, the American Printing House for the Blind, Helen Keller National Center, and other special institutions has been laid off.

      There is also currently no director at the head of OSEP, the office overseeing IDEA. McMahon sparked anger in an interview after the layoffs, in which she revealed she did not know what “IDEA” stands for.
    2. Regional DoEd Offices Shuttered. In addition to the layoffs, seven regional Department of Education offices have also been closed down: Cleveland, Boston, New York, Dallas, San Francisco, Chicago, Philadelphia.

      Among many impacts, this will further delay already long wait times for students and families dealing with discrimination complaints.
    3. DOGE Continues to infiltrate Social Security Administration (SSA). The DOGE team continues to grow at SSA, in what journalists believe to be the largest presence at any agency. Musk and friends have alleged “mass fraud” at the agency, but have not produced any evidence of the claim.

      DOGE is currently considering cancelling benefits for nearly 200,000 people who receive social security benefits without a SSN; however the majority of those are disabled children whose benefits are redirected to a “designated payee” in their parent or guardian.
    4. DOGE takes aim at the Department of Housing and Urban Development (HUD). Under Musk, DOGE targeted HUD for layoffs of around half of the department, which oversees housing vouchers, rental assistance, public housing and a variety of anti-homelessness initiatives, including rebuild grants for communities after disaster.

      HUD also oversees fair housing laws and fields discrimination complaints.

      At least 50% of the US’s unhoused population is disabled.
    5. Senate Finance Committee holds hearing for Dr. Mehmet Oz. TV personality “Doctor Oz” was tapped to be Administrator of the Centers for Medicaid and Medicare Services, and began his hearing Friday.

      He is poised to oversee Medicaid, Medicare, and administrative duties related to the Affordable Care Act as Republicans vow to make deep cuts to the former two programs. Oz sidestepped questions about whether he would protect Medicaid from cuts during Friday’s hearing.
    6. Senate passes a Continuing Resolution for the GOP’s budget bill. Republicans, with the help of 10 Democrats, voted to pass a continuing resolution that avoids a government shutdown until September.

      A coalition of anti-Trump organizers, including the federal workers union, had rallied to encourage Democrats to vote NO, in an effort to bring Republicans to the negotiating table and include language to reign in DOGE’s unfettered slashing of federal programs and employment. Instead, a small group of Democrats helped push the bill through.

      Now that Democrats have ceded their leverage it will be difficult to stop further implementation of Project 2025 or DOGE cuts, beyond lawsuits after the fact.
    7. Texas vs. 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.
    8. Good News… 21 Attorneys General have banded together to sue the administration regarding the illegal firings of Department of Education employees. This comes alongside previously established suits and union actions already in-play for other firings and freezings across the federal workforce.

      A judge also ordered Thursday that probationary employees across multiple agencies who were laid off should be reinstated.

    Action Items:
    Share this info. Disability is often lost in mainstream coverage.

    • Call your Representative and tell them to intervene on behalf of the Dept. of Education.
    • Call the Senate Finance Committee members and tell them to vote NO on Dr. Oz.
    • 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.
    • Consider how you can pivot to creative and local acts of resistance now that elected officials have ceded negotiating power. Here are some ideas.


  • Week 5 Update

    Week 5 Update

    1. Linda McMahon’s DoED Nomination Advances
      • 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.
    2. Funding Cuts for DoED Now at $502 Million and Counting
    3. Mass Layoffs Hit Disabled Veterans Hard
    4. 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.
    5. 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.
    6. Executive Order “Ensuring Accountability for All Agencies”
      • 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.
    7. 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.
      • See our friends at Fighting for My Voice for a state-level education policy tracker
    8. Some Good News
      • 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!

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