Picture of the U.S. Department of Education building in Washington, DC

The Arc Joins Lawsuit to Protect the U.S. Department of Education and the Rights of Students With Disabilities

/in /by Jackie Dilworth

The Arc of the United States has joined a major lawsuit challenging federal actions to dismantle the U.S. Department of Education. The case, Somerville Public Schools et al v. Trump et al, argues that because the Department was created by Congress, it cannot be restructured or eliminated without Congressional approval. The lawsuit also asserts that recent mass layoffs and other efforts to stop the Department’s work have stripped away essential protections for students with disabilities.

At the center of the case is a question with national impact: What happens to students with disabilities when the very offices that support them and protect their education rights are gone?

Since early 2025, thousands of Department employees have been laid off, including nearly all staff in the Office of Special Education and Rehabilitative Services (OSERS) and the Office for Civil Rights (OCR). These offices are the backbone of federal enforcement for disability education laws. They:

  • Ensure schools follow the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act
  • Distribute education funding to states and schools
  • Investigate discrimination complaints
  • Fund research on effective teaching strategies
  • Support training and retention of special educators
  • Coordinate transition services that help youth with disabilities prepare for employment and independent living

The absence of these offices threatens to unravel decades of progress toward equal educational opportunity.

The Arc joined this lawsuit as a plaintiff to help ensure the Department remains fully functional, open, and accountable to students with disabilities and their families.

What Is the Somerville v. Trump Case About and Why Did The Arc Join It?

In March 2025, nearly half of the Department of Education’s 4,133 employees were fired, including many responsible for implementing and enforcing federal disability education laws.

A coalition of educators, school districts, and unions filed a lawsuit soon after to stop the mass layoffs and dismantling of the Department. In April 2025, The Arc filed a declaration in support of the lawsuit, explaining how these changes would harm students with disabilities and their families.

In May 2025, a district court judge issued an injunction temporarily stopping the mass firings and dismantling. Two months later, the U.S. Supreme Court allowed the firings and efforts to dismantle the Department of Education to continue while the case proceeds in the U.S. District Court for the District of Massachusetts.

In October 2025, the situation worsened when nearly all remaining staff in the OSERS were laid off during the government shutdown, leaving only a few employees to oversee the nation’s special education and vocational rehabilitation systems. These layoffs were reversed in mid-November as part of a deal to end the shutdown.

The Arc joined the lawsuit as a plaintiff on November 25, 2025.

Why Is the U.S. Department of Education So Important for Students With Disabilities?

The Department of Education plays a central role in protecting the rights of students with disabilities and ensuring that schools have the tools and guidance to meet students’ needs.

The Department’s core responsibilities include:

  • The Office of Special Education and Rehabilitative Services (OSERS) implements and oversees federal laws like IDEA and Section 504, ensuring that every child receives a free and appropriate public education.
  • The Office of Special Education Programs (OSEP) provides teacher training, technical assistance, and guidance to help schools support students with disabilities.
  • The Rehabilitation Services Administration (RSA) helps youth with disabilities transition from school to work and community life.
  • The Office for Civil Rights (OCR) investigates disability discrimination in schools under the Americans with Disabilities Act (ADA) and Section 504, as well as other statutes, allowing families to resolve legal issues without going to court.

When these offices lose staff and resources, families lose access to the federal safety net that ensures their children can learn, participate, and thrive.

How Could Dismantling the Department of Education Affect Students With Disabilities?

Weakening or eliminating the Department of Education will make it harder for students with disabilities to receive the education they are guaranteed under federal law. These cuts could reduce enforcement of disability rights, slow the distribution of IDEA funding, and limit training and guidance that schools and teachers rely on to support their students.

The impact is deeply personal. It affects whether:

  • A child with Down syndrome receives the therapies outlined in their Individualized Education Program (IEP)
  • A teenager with autism has access to vocational and transition services
  • A parent can challenge a school’s failure to provide necessary accommodations

For many, the Department of Education has been the last line of defense against discrimination and neglect. Without it, families face inconsistent state standards, longer wait times, and fewer options for resolving disputes.

What Is The Arc’s Role in Protecting Special Education and Disability Rights?

The Arc joined this lawsuit to defend the rights of students with disabilities to a free, appropriate public education guaranteed by federal law. The Arc’s involvement ensures that the voices of families and people with disabilities are represented as the case moves forward.

This action builds on The Arc’s long history of advancing educational rights through litigation and advocacy. In 1971, The Arc of Pennsylvania brought PARC v. Pennsylvania, the landmark case that established the constitutional right to a public education for children with intellectual disabilities. That decision paved the way for IDEA and the modern Department of Education.

Today, The Arc continues to advocate through the courts and with partners nationwide to ensure every student with a disability has the opportunity to learn, grow, and belong in their community.

Learn More About the Department of Education Lawsuit and Disability Rights

Written by Shira Wakschlag, Senior Executive Officer of Legal Advocacy and General Counsel, and Katy Neas, Chief Executive Officer of The Arc of the United States. Both are available for media interviews.

Bipartisan Resolution Recognizes The Arc’s 75 Years of Leadership in Disability Rights

/in /by Jackie Dilworth

Today, Congressman Brian Fitzpatrick (PA-1) and Congresswoman Debbie Dingell (MI-6), Co-Chairs of the Bipartisan Disabilities Caucus, introduced a bipartisan resolution honoring the 75th anniversary of The Arc of the United States, one of the nation’s most influential organizations advocating for the civil and human rights of people with intellectual and developmental disabilities.

Founded in 1950 by parents determined to keep their children out of institutions and fought instead for their children’s place in family and community life, The Arc has grown into a network of nearly 600 state and local chapters across 47 states. For three-quarters of a century, it has shaped federal policy, expanded opportunity, and strengthened a core American principle: that every individual deserves the chance to live a full, self-directed life.

From its pivotal role in PARC v. Pennsylvania, which helped lay the foundation for the Individuals with Disabilities Education Act (IDEA), to its leadership in securing the Americans with Disabilities Act, expanding Medicaid home- and community-based services, and advancing essential civil rights protections, The Arc’s history reflects and helped define the evolution of our nation’s commitment to equality, independence, and inclusion.

“For 75 years, The Arc has been a steady compass for this nation—challenging us to rise to our ideals and expanding the circle of belonging,” said Fitzpatrick. “Their leadership has changed laws, expectations, and lives. As Co-Chair of the Bipartisan Disabilities Caucus, their partnership strengthens our mission every single day. This resolution is not merely recognition—it is a call to action and a reaffirmation of our shared responsibility to continue working to ensure that dignity, independence, and equal opportunity are not aspirations, but guarantees for every single American.”

“For 75 years, The Arc has been an unrelenting force for the rights, dignity, and respect of Americans with disabilities. It is because of their work that we have seen so much progress, including the passage of the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and other foundational protections we have today. I’m proud to recognize The Arc for their 75 years of fighting for accessibility and equality for individuals with disabilities and will continue to be a partner in that work,” said Dingell.

Katy Neas, CEO of The Arc of the United States, shared: “Seventy-five years ago, a group of parents refused to accept that their children with disabilities should be sent to live all their days in institutions. They built The Arc so their children could grow up at home with their families, just like everyone else. I think of those families every time I see a student learning with non-disabled classmates, an employee with a disability earning a paycheck, or a family getting support that keeps them stable and together. Because The Arc fought for it, people live at home and in the community instead of in institutions. Students with disabilities have the right to a public education rather than being shut out or separated. Medicaid and SSI help people shape meaningful lives with the support they need. And the ADA made civil rights real in daily life, from curb cuts to captions that many of us use. Disability is in every family, every community, every political party. In a year when disabled Americans are looking for steady leadership on their rights and services, I’m grateful to Representative Brian Fitzpatrick for recognizing this legacy and affirming that inclusion is a shared value. We will keep working with lawmakers on both sides of the aisle, as we always have, honoring the millions who came before us and pushing disability rights forward for millions more.”

Read the full resolution here.

Background

The Arc of the United States was founded in 1950 by parents who refused to accept that their children with intellectual disabilities should be separated from family and community. Their advocacy paved the way for some of the most consequential civil rights and education advances in modern American history, including:

  • PARC v. Pennsylvania (1971): Established the right to free public education for students with intellectual disabilities, setting the stage for the Individuals with Disabilities Education Act (IDEA).
  • The Americans with Disabilities Act (1990): A landmark civil rights law prohibiting discrimination and guaranteeing equal access in employment, transportation, and public life.
  • Expansion of Medicaid and home- and community-based services (HCBS): Provided millions of individuals with disabilities the ability to live and participate in their communities rather than institutions.

Today, Arc continues to advocate for independence, economic opportunity, and full inclusion for individuals with intellectual and developmental disabilities across their lifespan.