Picture of a rally in front of the U.S. Capitol with someone holding a "Protect Medicaid" sign

California and Minnesota Medicaid Deferrals: What’s at Stake for People With Disabilities

/in /by The Arc

The Arc responds to more than $1 billion in federal Medicaid payment deferrals and calls for fraud oversight that protects continuity of care, disability services, and community living.

On July 21, 2026, HHS and CMS paused more than $1 billion in Medicaid payments to California and Minnesota citing the existence of fraud but without providing specific evidence of alleged fraud. This action threatens access to healthcare and community support needed by people with disabilities. The Arc of the United States is concerned that broad payment actions and sweeping fraud narratives are taking too broad an approach. The federal government’s actions limit Medicaid services for people with disabilities and their families and demonstrate a lack of understanding of what people with disabilities want: a life in the community, with as much independence as possible.

People with disabilities must be at the center of decisions about Medicaid, not treated as collateral damage in efforts to strengthen program integrity.

Katy Neas, CEO of The Arc of the United States, responds:

“The federal government’s actions are troubling because the goal should be to stop fraud while protecting continuity of care for those who need it. We hear from people every day who are scared and uncertain because they don’t know if their healthcare and services will continue. When conversations begin and end with fraud allegations, people lose sight of what Medicaid actually does and who depends on it. Medicaid helps people with disabilities get out of bed in the morning, attend school, get into the workforce, and be a part of their community. It helps families balance the need to care for their loved one with daily, intense support needs, while they work to put food on the table and care for the whole family. And it provides millions of people access to health insurance. Strong oversight to weed out fraudulent activities and a strong service delivery program are not competing goals. We can and must do both.”

For Reporters

Katy Neas is available for interviews about Medicaid, home and community-based services (HCBS), and how federal and state Medicaid policy affects people with disabilities and their families. For media inquiries or to request an interview, contact dilworth@thearc.org.

A man in a wheelchair sits at a desk at home, reviewing paperwork next to an open laptop.

New Medicaid Work Rules: What People With Disabilities and Families Should Know

/in /by The Arc

What is happening with Medicaid right now?

Last year, Congress passed a new Medicaid law.

The law created new community engagement rules (often called work requirements) for some adults who get Medicaid.

It impacts all but 7 states: Alabama, Florida, Kansas, Mississippi, South Carolina, Texas, and Wyoming.

Work requirements say some adults may have to work, go to school, volunteer, or do another approved activity to keep Medicaid.

For most states, the work requirements will begin on January 1, 2027.

Why does federal changes to Medicaid matter?

Medicaid helps people with disabilities get healthcare and daily support.

Medicaid can pay for:

  • Doctor visits
  • Medicine
  • Therapy
  • Mental health care
  • Personal care services
  • Help at home
  • Support to live in the community
  • Help finding and keeping a job

Losing Medicaid for even a short time can mean losing important care and support.

What do Medicaid’s new work rules mean for people with disabilities?

Many people with disabilities do not have to follow the work requirements.

For example, many people who get Supplemental Security Income (SSI) qualify for an “exemption” and do not have to meet the work requirements.

An exemption means a person does not have to follow the work requirements.

But some people with disabilities may still have to show they qualify for an exemption. This may include:

  • Adults with disabilities who do not get SSI
  • People waiting to learn if they qualify for disability benefits
  • People who lose SSI for a short time because of paperwork problems
  • Young adults with disabilities moving from children’s services to adult services

Some people with disabilities can qualify for an exemption if they are considered “medically frail.”

Medically frail means they have a disability or serious health problem that makes it hard to meet the work requirements.

People who want to qualify for this medically frail exemption may have to show:

  • They have a disability or serious health problem
  • Their disability or health problem makes it hard to meet the work requirements

Some people who qualify for an exemption may still have trouble getting one.

Do family caregivers also qualify for a work exemption under Medicaid?

Some family caregivers may also qualify for an exemption.

This may include parents, guardians, relatives, and other caregivers who regularly help a person with a disability.

Caregivers may still have to show they qualify.

How could paperwork make someone lose Medicaid?

Even people who qualify for an exemption could lose Medicaid if their paperwork is missing, delayed, or filled out incorrectly.

We have seen this happen before. Some people who should have kept their Medicaid lost it because of paperwork problems, not because they no longer qualified.

Why is The Arc concerned about recent changes to Medicaid?

The law was meant to protect people with disabilities and family caregivers from work requirements.

The new rule makes many changes that make it harder for people to show they qualify for an exemption. More people with disabilities may not be protected because of these changes.

People should not lose healthcare because of confusing rules, paperwork problems, or mistakes.

A white woman on a city street holding a cardboard protest sign that says "Education for All"

New GAO Report Shows Progress on Inclusion for Students With Disabilities

/in /by Robyn Linscott

More students with disabilities are learning in general education classrooms, but progress remains uneven at a time when federal education oversight is being split across multiple agencies

By: Robyn Linscott, Director of Education and Family Policy, The Arc of the United States

A new GAO report shows that more students with disabilities are learning in general education classrooms than they were a decade ago. But it also shows how uneven that progress is, and why this is the wrong time to split education oversight across multiple agencies.

The number of students with disabilities who spent at least 40% of the school day in general education classrooms increased 25% between the 2012-13 and 2023-24 school years. At the same time, progress varied sharply by state and across disability categories. So while more students with disabilities are learning alongside their peers, access to inclusion still depends too much on where a student lives and which students are being counted in that progress.

That news comes as federal oversight of schools is being split across multiple agencies. In late 2025, the Department of Education began shifting parts of K-12 education work to the Department of Labor. Then in June 2026, it announced plans to move special education oversight to the Department of Health and Human Services and civil rights enforcement to the Department of Justice. That means general education, special education, and civil rights are being handled in different places. That separates students with disabilities from the broader education system, weakens the link between classroom instruction and disability rights, and risks a more fragmented approach to inclusion across the country.

Inclusion is growing, but where a student lives matters

The GAO findings are good news. More students with disabilities are spending a substantial part of the day in general education classrooms, and the biggest increase came among students who spent at least 80% of the day there. That means more students are getting access to general education standards, peers, and the day-to-day life of school.

But that progress still isn’t happening evenly. Inclusion increased in 42 states and the District of Columbia, but the state-by-state differences were stark. The District of Columbia saw the largest increase, while North Dakota saw a decrease.

Are all students with IDD seeing the same gains in inclusion?

The report shows overall progress, but that progress isn’t reaching every group in the same way.

For students with intellectual disability, the number spending at least 40% of the school day in general education rose from 180,492 in 2012-13 to 199,274 in 2023-24. But as a share of the overall student population, that figure actually fell from 3.9% to 3.5%. For students with multiple disabilities, the number also rose, from 36,384 to 42,136, while the share fell from 0.8% to 0.7%. By contrast, for students with autism, both the number and the share increased sharply, from 253,750 to 543,868 and from 5.5% to 9.5%. While schools have gotten better at supporting students with autism in the general education classroom, more work needs to be done to meaningfully include students with intellectual disability and multiple disabilities.

Inclusion is moving in the right direction nationally, but the picture is more uneven for students with IDD. Some students with IDD still aren’t seeing the same gains in access to general education classrooms.

What does inclusion look like beyond classroom placement?

One of the most useful parts of the GAO report is that it goes beyond placement numbers. School officials told GAO that placement decisions are shaped by resources, family involvement, and school environment. They also described the role that relationships, extracurriculars, and school culture play in helping students with disabilities feel part of the school community.

That reinforces what we already know: a student can be in a general education classroom and still not be meaningfully included. Real inclusion means being part of the class, part of the school, and part of the opportunities that make up school life.

Why is now the wrong time to weaken federal special education oversight?

Students with disabilities need one education system that can connect classroom learning, special education supports, and civil rights protections. When those responsibilities are spread across different agencies, it becomes harder to give schools clear guidance, harder to hold states accountable, and harder for families to get answers when something goes wrong. A child who’s denied services, pushed out of the classroom, or excluded from school life shouldn’t have to navigate a maze of agencies to get help.

It also pushes disability further away from education itself. The Arc has already warned that moving IDEA oversight into HHS risks treating disability more as a health or services issue than as part of a student’s experience in school. That’s the wrong approach. Students with disabilities are students first, and their rights belong in the education system.

The timing makes this even more concerning. The Department of Education’s latest IDEA determinations show that only 20 states met requirements for serving students with disabilities. When so many states are still falling short, the answer should be stronger oversight and clearer accountability, not moving special education farther away from the education system.

We can’t afford to backslide on this progress

Inclusion is increasing nationally, and that’s worth recognizing. But the gains are uneven, which is why strong federal oversight still matters. This is not the time to move special education farther away from the rest of education. It’s not the time to split classrooms, disability rights, and school accountability across different agencies. And it’s not the time to accept a system where inclusion still varies too widely by state and where some disability groups still are not seeing the same gains. We’ve made progress, and now we need to protect it.

Group picture of people with disabilities and other advocates after attending a Medicaid work requirements hearing on Capitol Hill in Washington, DC

How Ohio Families Defended Medicaid Support for Family Caregivers

/in /by The Arc

Around the country, everyday families are piecing together caregiving because they have no other choice. Some states have found ways to support family caregivers in ways that make it work for people with disabilities, their loved ones, and the care system.

In a structured program, monitored by the state Medicaid agency, some family caregivers are paid a modest amount to support their loved one. It gives the person with a disability a reliable and familiar caregiver, and it takes some pressure of families juggling all aspects of their lives – work, family, caregiving, and more.

But when Ohio lawmakers prepared to vote on legislation that would prohibit family members from being paid through Medicaid programs, disability advocates and families mobilized immediately.

Family Caregivers Are the Backbone of America’s Care System

Family caregivers are already doing the work that keeps America’s long term care system functioning.

According to a recent AARP report, family caregivers now provide more than $1 trillion worth of care each year in the United States. Nearly 59 million Americans care for aging parents, spouses, children with disabilities, neighbors, and other loved ones, contributing an estimated 49.5 billion hours of care annually. If that care were compensated at market rates, it would be valued at approximately $1.01 trillion every year.

Most of this work is unpaid. 

Family caregivers help loved ones bathe, dress, prepare meals, manage medications, attend medical appointments, and increasingly perform complex medical and nursing tasks that were once provided in institutional settings.

More than half of family caregivers now provide high intensity care, averaging 27 hours of caregiving each week. The 49.5 billion hours of care they provide annually is equivalent to nearly 24 million full-time workers, roughly 17 percent of the entire U.S. workforce.

This caregiving work is not optional.

Ohio, like many states, faces a severe direct care workforce shortage.

Providers frequently struggle to fill authorized care hours, leaving families to step in and provide support that Medicaid cannot otherwise deliver. Without family caregivers, many people would go without critical assistance with daily activities, medication management, transportation, and personal care.

Without these caregivers, millions more Americans would rely on expensive institutional care, dramatically increasing costs for taxpayers. In fact, the economic value of family caregiving now exceeds total federal, state, and local Medicaid spending nationwide.

Ohio’s Disability Community Mobilized Quickly

The proposal moved quickly, but so did Ohio’s disability community.

The Arc of Ohio, self-advocates, family caregivers, providers, and aging advocates mobilized rapidly to educate lawmakers about the devastating consequences the proposal would have for people with disabilities and older adults. Committee hearings were packed with people with disabilities, family caregivers, and advocates who shared deeply personal stories about what Medicaid-funded family caregiving makes possible and what would happen if that support disappeared. Wheelchairs lined the hearing room as lawmakers listened to testimony from families who described the realities of navigating a strained care system and the essential role they play in keeping their loved ones safe at home.

The testimony shifted the conversation to the real experiences of Ohio families. Several legislators were visibly moved during the hearings.

Within hours, the proposal to prohibit family caregiver payments had been removed from the bill, demonstrating the power of coordinated advocacy and authentic lived experience.

The Bigger Problem: When Allegations of Fraud Becomes an Excuse to Cut Care

The Ohio debate reflects a troubling national trend.

Across the country, allegations of fraud are increasingly being used to justify greater scrutiny of Medicaid, home and community-based services (HCBS), and family caregiving programs. Program integrity matters and fraud should be rooted out. But in the process, what’s happening around the country now is making it harder for people to access the care they need.

Medicaid and other safety net programs are already subject to extensive federal and state oversight, and the overwhelming majority of beneficiaries, family caregivers, and providers follow the rules. Yet fraud narratives increasingly cast suspicion on family caregivers and community-based providers who fill critical gaps in an already strained care system.

These attacks go beyond program integrity. They devalue caregiving, undermine the rights of people with disabilities to receive services at home, and threaten a care infrastructure that depends on family caregivers, whose unpaid contributions exceed $1 trillion annually.

What’s Next and How You Can Help

Advocates in Ohio prevailed. Following overwhelming opposition from people with disabilities, families, and advocates, the proposal to eliminate Medicaid waiver payments for family caregivers was removed from the legislation moving forward.

This victory was built on decades of advocacy by self-advocates, family members, disability rights organizations, and The Arc’s network.

Right now, The Arc of the United States and our chapters are pushing back against threats to Medicaid, HCBS, and other programs that make community living possible. And those threats are coming from many avenues.

You can help by:

An Asian woman with short hair is helping a young Black girl color a picture on a green and yellow desk

Broad Coalition Urges Congress to Keep Special Education and Civil Rights in the Department of Education

/in /by Jackie Dilworth

The Department of Education calls its plan to move special education oversight to Health and Human Services and school civil rights enforcement to the Department of Justice a “partnership.” Disability, civil rights, education, parent, and educator organizations see something very different: core education and civil rights responsibilities being moved away from the agency Congress charged with protecting them.

The Arc of the United States joined a broad coalition urging Congress to reject these transfers and keep special education, Section 504 enforcement, vocational rehabilitation, and school civil rights protections connected inside the Department of Education. Read The Arc’s full statement on what this move could mean for students with disabilities, families, schools, and civil rights enforcement.

Download the Coalition Letter

Full Coalition Letter

FOR IMMEDIATE RELEASE
June 18, 2026

Broad Coalition of Disability, Civil Rights, and Education Organizations Denounces ED’s Latest Transfers of Core Functions

Washington, D.C. — The undersigned disability, civil rights, and education organizations strongly oppose the Administration’s efforts to transfer the Office of Special Education and Rehabilitative Services (OSERS) from the U.S. Department of Education (ED) to the Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) to the Department of Justice (DOJ) through Interagency Agreements (IAAs). These agreements undermine the core foundation of federal disability, education, and civil rights policy and implementation.

Students with disabilities deserve educational systems that are designed around their needs, rights, and opportunities, not administrative restructuring that risks disrupting critical services and protections. They deserve equitable access to education, robust protections under the law, and an intact Department of Education that is committed to their success and steadfast in defending their rights.

Far too many students experience unacceptable barriers to receiving services and supports – but these transfers do not reflect meaningful solutions to this problem. While ED states that stakeholder input was considered, these IAAs do not reflect the concerns widely expressed by parents, educators, disability organizations, and civil rights advocates. Congress specifically entrusted ED with administering the Individuals with Disabilities Education Act (IDEA), enforcing Section 504 protections in public schools and colleges, overseeing vocational rehabilitation programs, and safeguarding the civil rights of students with disabilities. Congress has repeatedly reauthorized and strengthened these laws within the Department since its establishment in 1979, creating an integrated framework for students with disabilities that connects educational opportunity, civil rights enforcement, transition services, workforce preparation, and employment outcomes.

Transferring OSERS to HHS moves critical education, transition, and employment programs into an agency primarily focused on health care, weakening the coordination between schools, vocational rehabilitation, and postsecondary opportunities. Furthermore, separating OSERS from the Office of Elementary and Secondary Education (OESE), which funds and oversees K-12 education programs, segregates disability-related education programs from the broader education system and weakens the coordination necessary to ensure students with disabilities are fully included in general education. Special education is not a separate enterprise. IDEA is built on the principle that students with disabilities should be educated alongside their peers and have access to the same academic standards, accountability systems, and opportunities for success. State education leaders and educators⸺including both general and special educators⸺also rely on ED’s expertise, guidance, monitoring, and technical assistance; responsibilities that Congress unilaterally funds and directs the Department to provide.

Likewise, transferring OCR to DOJ separates education-focused civil rights enforcement from the agency responsible for education policy and oversight, exposing students and their families to longer wait times when discrimination is occurring in schools and risking the loss of specialized expertise that students and families rely upon to resolve their complaints and drive necessary improvements in school policy and practice to prevent future discrimination. It will also discourage some families from seeking assistance or filing complaints due to concerns about engaging with a law enforcement agency rather than experts in education and disability law.

Congress intentionally built an education and vocational rehabilitation continuum that supports individuals with disabilities from early intervention through school, postsecondary education, and employment. Moving OSERS to HHS and OCR to DOJ dismantles this coordinated and cohesive approach and threatens decades of progress advancing educational, employment, and civil rights outcomes for students with disabilities.

The undersigned organizations urge Congress to reject these transfers and preserve the Department of Education’s longstanding and Congressionally mandated roles to lead, direct, oversee, administer, and enforce the laws and programs that support opportunity, inclusion, and success for all students with disabilities.

Organizations that Signed the Letter

The letter was signed by a broad coalition of national, state, and local disability, civil rights, education, parent, educator, and community organizations, including The Arc of the United States, ACLU, National Disability Rights Network, Council for Exceptional Children, National Education Association, National Center for Learning Disabilities, Disability Rights Education and Defense Fund, COPAA, and dozens of state and local groups across the country. Download the full coalition letter to see the complete list of organizations.

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

Moving Special Education and Civil Rights Out of Education Department Risks a Patchwork of Rights for Students With Disabilities

/in , , /by Robyn Linscott

Today, the U.S. Department of Education announced plans to move the Office of Special Education and Rehabilitative Services (OSERS) to the U.S. Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) to the U.S. Department of Justice (DOJ). The Arc of the United States warns that the move disregards federal law placing the Office of Special Education Programs (OSEP) in the Department of Education and would make it harder for students with disabilities to access services, resolve discrimination, and hold states accountable under IDEA, the 50-year-old law that guarantees a free appropriate public education tailored to each child’s unique needs.

This plan follows interagency agreements announced in November 2025 that began shifting major Education Department programs to other federal agencies. But these offices are supposed to work together. Students with disabilities need access to school, special education services, accommodations, accessibility, and civil rights enforcement under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). Moving that work across separate departments risks more confusion, longer delays, and less accountability for families and schools.

The Education Department says OSERS and OCR will keep their legal responsibilities and continue their work without interruption. Calling this a partnership doesn’t change what’s happening: core education and civil rights functions would be moved into agencies that weren’t created to oversee schools, special education, or education-based civil rights enforcement.

“Students with disabilities don’t experience school in agency silos,” said Katy Neas, CEO of The Arc of the United States and former Deputy Assistant Secretary and Acting Assistant Secretary in the Office of Special Education and Rehabilitative Services at the U.S. Department of Education. “A student who is denied services, disciplined for disability-related needs, or blocked from an accessible classroom needs one federal education system that can see the whole picture and act. Moving special education to HHS and civil rights enforcement to DOJ would split apart the offices responsible for making disability rights real in schools, leaving families chasing answers across the federal government instead of getting accountability from one education agency.”

“HHS and DOJ have important roles, but they weren’t built to replace the Department of Education’s school-specific expertise,” said Robyn Linscott, Director of Education and Family Policy at The Arc of the United States. “Moving IDEA oversight into HHS pushes students with disabilities toward a medical model, where disability is treated as a diagnosis to manage instead of a natural part of human life. When that mindset drives education decisions, students are more likely to be segregated, underestimated, or treated as separate from the school community. IDEA belongs in an education agency because it is about classrooms, IEP meetings, behavior support, accessibility, and whether students can learn alongside their peers.”

Why OSERS and OCR belong inside the Education Department

OSERS has two primary components: the Office of Special Education Programs (OSEP) and the Rehabilitation Services Administration (RSA). OSERS oversees federal programs that shape the school experience for students with disabilities and help students move from school to work and community life. It distributes federal special education funding, provides guidance to states and schools, supports teacher training, funds research on effective instruction, and helps ensure students receive the services they are legally entitled to receive.

OCR investigates discrimination in schools, including disability discrimination involving accommodations, accessibility, harassment, restraint and seclusion, and discriminatory discipline. For many families, OCR is one of the few ways to seek federal enforcement without going straight to court.

Why IDEA belongs in an education agency

IDEA is an education and civil rights law. It was created because children with disabilities were excluded from public schools, denied instruction, or sent to institutions instead of being educated in their communities.

Moving IDEA oversight into the Department of Health and Human Services risks changing how the federal government understands and responds to students with disabilities. Instead of focusing on classroom access, instruction, inclusion, services, and school accountability, it could push decisions toward diagnosis, treatment, and care management. Students with disabilities may need health care and related services, but they are students first.

That distinction matters. A medical model can lead to lower expectations, more segregation, and decisions based on diagnosis instead of what a student needs to learn and participate in school. IDEA’s promise depends on schools seeing students with disabilities as full members of the school community. That work must stay connected to the federal education systems that guide schools, support educators, and hold states accountable.

What this could mean for families

Families already spend months, sometimes years, trying to get schools to follow the law. Splitting special education and civil rights enforcement across agencies could add another layer of confusion when students can’t afford to wait.

For families of students with disabilities, this could mean:

  • More confusion about where to go when a child is denied services or accommodations
  • Longer delays when a student is missing instruction, therapies, supports, or accessible materials
  • Less coordination between special education oversight and civil rights enforcement
  • More barriers when a student faces harassment, exclusion, restraint, seclusion, or discriminatory discipline

A student’s education shouldn’t depend on whether their family can figure out which federal agency now owns which piece of the law.

What this could mean for schools and states

Schools and state education agencies need clear, consistent federal guidance. Moving OSERS to HHS and OCR to DOJ could make it harder for states and districts to understand expectations and resolve problems early. This plan could lead to:

  • Conflicting guidance from different federal agencies
  • Slower answers on IDEA and Section 504 questions
  • Less coordination between funding, technical assistance, and enforcement
  • More uneven implementation across states
  • Greater risk that families in different places receive different levels of protection

Federal disability rights shouldn’t depend on a student’s ZIP code or on which agency happens to hold part of the responsibility.

Students can’t get back lost learning time

The Department of Education’s special education and civil rights offices have been weakened by staff cuts, office closures, and delays in enforcement. Recent reports and staffing changes have shown what happens when federal capacity shrinks: complaints take longer, guidance becomes less clear, and families are left wondering whether anyone is responsible for enforcing the law.

When a student with a disability goes without the services, accommodations, accessible materials, instruction, or behavior supports they need, the impact can last a lifetime, shaping whether they graduate, continue their education, find work, participate in their community, and feel like school is a place they belong.

Moving these offices out of the Department of Education would deepen that instability at the exact moment students, families, schools, and states need clarity. The rights in IDEA and Section 504 haven’t changed, but rights are only as strong as the systems that enforce them.

Why The Arc is taking action

The Arc has fought for the education rights of students with disabilities for decades. Our advocacy helped lay the groundwork for IDEA, and we have worked ever since to protect and strengthen the systems that make that law real for students and families.

The Arc is also a plaintiff in Somerville Public Schools et al. v. Trump et al., a federal lawsuit challenging efforts to dismantle the U.S. Department of Education. We joined that case because weakening federal education capacity threatens special education oversight, civil rights enforcement, and the ability of students with disabilities to access the education federal law promises them.

The Arc’s policy and legal advocacy teams continue to meet with policymakers and education officials to protect IDEA, Section 504, and the federal infrastructure students with disabilities rely on.

We urge Congress to step in immediately, assert its constitutional role over federal agencies, and keep critical education and civil rights programs where the law says they belong. Students’ rights may remain in statute, but those rights are only meaningful when families can access the systems that enforce them.

For reporters: interview availability

The Arc can connect reporters with national policy experts who can explain the impact of this decision on students with disabilities nationwide.

Robyn Linscott, Director of Education and Family Policy at The Arc of the United States, is available for interviews on what this move means for students with disabilities, families, schools, IDEA, Section 504, and federal civil rights enforcement.

Katy Neas, CEO of The Arc of the United States and former Deputy Assistant Secretary and Acting Assistant Secretary in OSERS, is also available for interviews on the history and federal role of special education oversight.

More on the dismantling of the Department of Education

A man with disabilities wearing sunglasses, a navy Rushcreek Fire Department T-shirt, jeans, and sneakers stands in front of a bright yellow fire truck. The truck door is open and has text that reads, “Rushcreek Twp. Vol. Fire Dept.

The Cost of Medicaid Cuts: What Kaycee and Keith Stand to Lose

/in , /by The Arc

Every person deserves the chance to live, learn, and be part of their community. For many people with disabilities, Medicaid home and community-based services (HCBS) make that possible. These services help people stay healthy and connected to their communities, with the support they need. Without HCBS, many families would face fear, isolation, and impossible choices.

A smiling woman with disabilities wearing glasses, a tiara, and a pink sash stands in front of a sparkly pink backdrop. She is holding a crown-shaped trophy, flowers, and a bouquet. A decorative banner behind her includes the words “IN OUR AMAZING.”Melanie from West Virginia knows this better than most. Her daughter, Kaycee, is 22 years old and full of hope for her future. But getting to this point was not easy. Melanie remembers the years before HCBS, when every day felt like a crisis. As she explains, “Before Kaycee had access to Medicaid and the IDD Waiver, our family was in constant crisis. She needed step-by-step support for daily life… We were doing everything we could, but it was not enough.”

Everything changed when Kaycee finally got the support she needed. With HCBS, she gained access to therapies, medical care, and community services that helped her grow. She found her voice. She learned new skills. She began to take part in her community in ways that once felt impossible.

But Melanie knows how fragile that progress is. “If home and community-based services are cut, my daughter will not just lose support, she will lose her ability to safely live the life she has worked so hard to build.”

Kaycee still needs daily help to stay safe, communicate, and manage her medical needs. Without HCBS, she could lose the independence she fought so hard for. She could face medical emergencies, isolation, or even institutionalization.

A smiling man with disabilities wearing glasses, a black shirt, and a black baseball cap with a yellow sun design takes a selfie indoors. Fluorescent ceiling lights and a window with vertical blinds are visible behind him.In Ohio, Keith also depends on HCBS to live the life he chooses. He is proud of the ways he gives back to his community. He is an Eagle Scout, a volunteer football coach, a church sound tech, and a member of his local fire department’s auxiliary team. He also has complex medical needs that require daily support.

Keith shares, “I depend on HCBS services to manage my complex needs that are not always visible to others. I was born with complex heart and pulmonary complications. These services have allowed me to remain active in my community and church.”

He worries deeply about what cuts would mean for his future. “I am deeply concerned that any end to these programs would jeopardize my ability to contribute to society and live independently,” he says. “I urge you to protect these essential services for myself and others with disabilities.”

These stories show what HCBS makes possible. But right now, these services are at risk. Congress has already made major cuts to Medicaid, and more cuts may come. That means longer waiting lists, fewer supports, and more families in crisis.

People with disabilities and their families deserve better.

Now is the time to act. Contact your members of Congress and tell them to protect Medicaid home and community-based services. Lives, futures, and communities depend on it.

 

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

HELP Committee Report Finds OCR Reached a 12-Year Low in Enforceable Relief for Students Facing Discrimination

/in /by Jackie Dilworth

Staff for the U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) released a new report yesterday documenting a steep decline in enforceable civil rights outcomes at the U.S. Department of Education’s Office for Civil Rights (OCR), including in cases involving students with disabilities.

The report finds that OCR reached 112 resolution agreements in 2025, down from 507 in 2024, a steep drop in one of the main ways OCR can require schools to fix civil rights violations. That’s about 1% of the 11,985 civil rights cases the report says were pending. For disability discrimination cases, the report lists 5,794 pending cases and only 83 resolution agreements in 2025, down from 390 in 2024.

That drop comes after major disruption to OCR’s capacity. In March 2025, nearly half of OCR staff were affected by a reduction in force, a change that reduced the number of investigators available to respond to students and schools and contributed to instability in how complaints were handled.

Bottom line: resolution agreements are one of the main ways OCR can require a school to fix a civil rights violation. Without a resolution agreement, families often don’t get a schoolwide fix, and the same barriers can continue for the family who filed and the students who come after them.

Key takeaways from the report on disability cases

The report shows that some of the most serious disability-related categories had little to no enforceable relief in 2025, including:

  • Restraint and/or seclusion: 172 pending cases, 0 resolution agreements
  • Disability harassment: 595 pending cases, 1 resolution agreement
  • FAPE (free appropriate public education): 1,887 pending cases, 40 resolution agreements

The report also describes civil rights enforcement at a 12-year low and notes that multiple regional civil rights offices have been closed, shrinking the federal capacity families and schools rely on.

Why OCR capacity is the difference between rights and reality

“This report shows federal civil rights enforcement in education, an essential tool provided by Congress to help fight disability discrimination, is being denied to students with disabilities,” said Katy Neas, CEO of The Arc of the United States. “OCR is where families turn when a student is denied accommodations or accessibility, pushed out of learning time, or harassed or disciplined unfairly because of disability. When OCR isn’t delivering solutions schools must follow, students lose learning time, families lose a workable path to resolve what’s happening, and schools are left with uncertainty and weaker oversight. Students with disabilities pay the price now, and it shapes what comes next, from graduation to employment and independence.”

What this means for families of students with disabilities

Families often turn to OCR after they have documented the problem and tried to resolve it through the school and district with no meaningful change. When OCR enforcement is inconsistent, urgent issues can drag on while a student keeps losing access to learning and support.

Families turn to OCR for urgent situations like:

  • A student being denied accommodations or accessibility
  • Repeated removals from class instead of support
  • Disability-based harassment not being addressed
  • Discriminatory discipline that keeps a child out of learning time
  • Restraint and seclusion issues that demand immediate accountability

OCR is one of the few avenues families can pursue without having to hire a lawyer or spend years in court.

What this means for schools and educators

Schools rely on OCR enforcement and guidance. When enforcement is inconsistent or guidance isn’t available, confusion grows and problems linger.

  • Schools lose clear, reliable direction about what compliance looks like.
  • Disputes last longer and are more likely to escalate into conflict, due process, or litigation.
  • Inconsistent enforcement leads to uneven practices across districts.

Why The Arc is weighing in

The Arc exists because families had to fight for the basic right of children with disabilities to be educated. Our advocacy helped lay the groundwork for the Individuals with Disabilities Education Act (IDEA), and for decades we’ve worked to protect and strengthen it so students can learn alongside nondisabled students with the support they need.

Today, our policy team regularly meets with members of Congress and education officials to protect IDEA and Section 504, and to push for the staffing and oversight that make those rights real in schools.

The Arc is also a plaintiff in Somerville Public Schools et al. v. Trump et al., a federal lawsuit challenging efforts to dismantle the U.S. Department of Education, because weakening federal capacity threatens special education oversight and civil rights enforcement that students with disabilities rely on.

Next steps to restore civil rights enforcement in education

The report points to a simple reality: students’ rights depend on a civil rights office that can do its job consistently and transparently. OCR’s work affects students facing discrimination based on disability, race, national origin, and sex, and families need a process that leads to real answers and real fixes.

If OCR is going to protect students and provide meaningful accountability, these steps can’t wait:

  • Fully staff and stabilize OCR so complaints get a real review and timely decisions.
  • Restore transparency by regularly publishing basic information about workload, timelines, and outcomes so families and schools can understand what’s happening.
  • Act quickly when a student is facing ongoing harm or being shut out of education, including cases involving denial of accommodations or accessibility, harassment, discriminatory discipline, and restraint or seclusion.
  • Communicate clearly with families and schools about what to expect after a complaint is filed, including timelines, reasons cases are dismissed, and what steps schools must take when OCR finds a violation.

For reporters: Interview availability

Robyn Linscott, Director of Education and Family Policy at The Arc of the United States, is available for interviews on what the report’s findings mean for students with disabilities and what policymakers are weighing based on input from families and school systems.

Frequently Asked Questions about OCR enforcement and students with disabilities

What is a resolution agreement at the Office for Civil Rights?
A resolution agreement is a formal agreement that requires a school to take specific steps to fix a civil rights problem identified through OCR’s process.

Why do OCR resolution agreements matter for students with disabilities?
They can require changes like providing accommodations, fixing accessibility barriers, changing discipline practices, and addressing harassment so the same harm does not continue.

What types of disability issues do OCR handle in schools?
Common issues include Section 504 accommodations, accessibility barriers, disability harassment, discriminatory discipline, and concerns related to restraint and seclusion.

What should families do if they believe a student’s disability rights are being violated?
Families can document concerns, use school and district complaint processes, and consider filing an OCR complaint when discrimination is alleged.

Red, white, and blue stickers that say "I Voted."

The SAVE America Act Threatens Accessible Voting for People With Disabilities

/in /by Jackie Dilworth

As Congress debates the SAVE America Act, people with disabilities have reason to be alarmed. The bill would require in-person proof of citizenship to register to vote in federal elections, government-issued photo ID that matches current name and address for in-person voting, and copies of photo ID with mail-in ballots. For voters with disabilities, that means new barriers at every stage of the voting process.

The reality is that too many people with disabilities face real barriers to voting. A Government Accountability Office study found that 60% of polling places had barriers for voters with disabilities, and 65% had voting stations that weren’t set up to allow a private and independent vote. Federal law mandates that voters with disabilities must have a full and equal opportunity to vote, including during registration, at the polling place, and through early or absentee voting.

Mail voting and accessible voting technology aren’t simply conveniences for people with disabilities. They’re civil rights. In the 2020 election, more than half of voters with disabilities cast their ballot by mail. The SAVE America Act would severely restrict mail registration and force online voter registration systems to be overhauled to meet its new requirements. Millions of Americans rely on those options to make their voices heard. Federal guidance makes clear that vote by mail must be accessible. When lawmakers add new in-person paperwork, photo ID requirements, or other hurdles to mail voting and registration, they risk shutting out voters who can’t easily travel, print, copy, scan, or navigate inaccessible systems.

Courts have ruled that systemic barriers preventing voters with disabilities from casting ballots are illegal. The Americans with Disabilities Act covers voter registration, polling places, and absentee voting. The Help America Vote Act requires accessible voting systems so voters with disabilities can cast a ballot with the same privacy and independence as others. The Voting Rights Act protects the right of voters with disabilities to use an assistor of their choice. The Arc has fought and won challenges against laws that restricted in-person and mail-in voting, and we’ll continue to challenge attempts to suppress the disability vote.

But statistics and legal protections only tell part of the story. Voters with disabilities live these barriers every election.

  • Lydia, who has muscular dystrophy, told us: “I think it really boils down to whether people believe that disabled people or any people from marginalized groups are deserving of the full benefits of democracy. We’re all interconnected. And I think that’s the promise of democracy—we all get to enjoy the same basic human rights and privileges as everyone else.” Lydia prefers to vote in person but needs the option to vote by mail when her specialized mobility equipment isn’t working properly.
  • Danielle, who has autism, dyslexia, and dysgraphia, has difficulty voting because she is sensitive to abrupt changes or alterations to routine. As Danielle’s mother, who assists her with voting, shared: “My daughter just needs a little more help, but she can vote. It’s her constitutional right… She wants to practice her civic duty, and she should be able to vote… People with disabilities are a part of our community and the fabric of our lives. They need to be heard.”
  • Ralph has Chronic Inflammatory Demyelinating Polyneuropathy and was hospitalized due to this condition for 6 months. Vote by mail was the only option available to him because he couldn’t leave the hospital during treatment.
  • Laura has Limb Girdle muscular dystrophy and chronic muscular respiratory failure. It’s important for her to have access to different methods of voting because her ability and energy levels fluctuate daily. It’s also much safer for her to vote by mail since she’s immunocompromised.

People with disabilities are one of the largest voting blocs in the country. One in 6 eligible voters has a disability, and 1 in 3 eligible voters has a disability or lives with someone who does. When voting is accessible, participation rises. When it’s not, people with disabilities are pushed out of decisions that shape their health care, education, housing, transportation, employment, and community living. Their votes aren’t optional, and their participation isn’t secondary.

If a bill makes it harder for people with disabilities to register, vote by mail, or cast a ballot privately and independently, it’s moving this country in the wrong direction and violating federal laws. The Arc will continue to fight in courtrooms, Congress, and communities nationwide until every voter with a disability can cast a ballot that’s accessible, private, and counted.

SAVE America Act FAQ: What Voters With Disabilities Need to Know

What is the SAVE America Act?
The Safeguard American Voter Eligibility (SAVE America) Act is the federal voting bill now being debated in Congress. It would require in-person proof of citizenship to register to vote in federal elections, government-issued photo ID for in-person voting, and copies of photo ID with mail-in ballots. Some people may still refer to an earlier version of this proposal as the SAVE Act.

How would the SAVE America Act affect voters with disabilities?
It would add new steps to registration, in-person voting, and vote by mail in a system that is already too inaccessible for many voters with disabilities. The bill includes an accessibility provision, but it is limited and does not include a clear enforcement mechanism. Federal law requires equal access to all parts of voting, including absentee voting.

Does the SAVE America Act affect mail-in voting?
Yes. The bill would require copies of photo ID with mail-in ballots, and the current debate around the bill has also included proposals to narrow mail voting further. That matters because voters with disabilities are more likely to rely on voting by mail, and mail voting must be accessible.

Why are election officials and disability advocates concerned about implementation?
The SAVE America Act would take effect immediately, gives the Election Assistance Commission just 10 days to issue guidance, and provides no funding for states to make the required changes. That rushed timeline raises serious concerns about confusion, administrative errors, and whether accessible systems would be implemented well enough to protect voters with disabilities.

Why do voters with disabilities rely on mail voting and accessible voting machines?
Because many polling places still present physical and technological barriers, and accessible voting systems plus mail voting can be the difference between having a private, independent vote and not being able to vote at all.

What laws protect the voting rights of people with disabilities?
Key protections include the Americans with Disabilities Act, the Help America Vote Act, the National Voter Registration Act, the Voting Accessibility for the Elderly and Handicapped Act, and the Voting Rights Act.

A man with disabilities stands indoors at a busy event space holding a sign that reads “I’M VOTING BECAUSE… it’s my voice!” The sign has The Arc logo in the top left and the hashtag #REVUP in the bottom right.

Voter 101: Why Voting Matters to People With Disabilities

/in /by The Arc

What Is Voting?

Voting is how people make choices together. When you vote, you say what you want. We vote for people who want to lead our country, state, and city. These people are called candidates. When they win, they become elected officials.

Elected officials make choices about our lives. They decide how programs work. This includes Medicaid, Supplemental Security Income (SSI), education, housing, and transportation. When you vote, you help choose who will speak for the disability community.

Visit TheArc.org/Vote for more information about voting, including resources about guardianship and voting, tips for helping someone vote, what to do if your voting rights are denied, and more.

Why Does Voting Matter?

Laws and rules affect people with disabilities every day. Voting helps make sure leaders hear you.

People with disabilities vote less often than people without disabilities. This is called the voting gap. The gap exists because voting can be hard. Polling places may not be accessible. Rules can be confusing. Some people do not get the help they need.

When people with disabilities get clear information and support, more people vote. When more people vote, leaders pay attention. Voting helps close the gap.

Your Right to Vote

People with disabilities have the right to vote. You can vote privately and independently. Laws like the Americans with Disabilities Act and the Help America Vote Act support this right. These laws help make polling places accessible. They allow voting tools and help from a person you trust or a poll worker if needed.

Who Can Vote?

You can vote if you:

  • Are a U.S. citizen
  • Are 18 or older by Election Day
  • Live in the state where you vote
  • Register by your state’s deadline

Some people think people with disabilities cannot vote. That is not true. People with disabilities can and do vote.

Some people may not be able to vote, like non-citizens, some people with guardians, or some people with past convictions. Rules vary by state. If you are not sure, check with your local election office.

How Do You Register to Vote?

Each state has its own rules. You must register by your state’s deadline. You may need your name, address, Social Security number, and/or a state or government identification (ID).

You can check or update your registration on The Arc’s online Election Center. If you move or change your name, make sure to update your registration.

You can ask for help. A friend, family member, or support worker can help you register.

Remember: Voting is powerful. When you vote, you help shape your future and your community.