A new proposal to shift the oversight of the Individuals with Disabilities Education Act (IDEA) from the U.S. Department of Education to the Department of Health and Human Services (HHS) could fundamentally change how we support and educate students with disabilities—and not for the better.

First, it’s important to remember that Congress established the Office of Special Education Programs within the Department of Education. Congress must change the law to move the responsibilities to another agency. It’s also important to remember that the rights that children have under IDEA and Section 504 of the Rehabilitation Act of 1973 have not changed. The executive action that was issued on March 20, 2025, does not change these laws and their regulations.

We don’t really know what would happen if the management of IDEA moves to HHS, but we have some concerns. For example, this move might be viewed as promoting a medical model of disability—one that treats disability as a diagnosis to be managed rather than recognizing students as learners with potential. Framing students with disabilities through a medical lens risks stigmatizing, segregating, and isolating them from their peers. It undermines decades of progress toward ensuring that students with disabilities are seen—and supported—as general education students first.

The U.S. Department of Education is the only federal agency with the expertise and infrastructure to uphold IDEA’s promise. Moving IDEA to HHS would weaken the critical systems that ensure students with disabilities can learn, grow, and thrive, including:

• Lack of Education Expertise: HHS is not equipped to work directly with state education agencies that oversee IDEA implementation in local school districts. The Department of Education has decades of experience supporting these complex relationships and ensuring compliance.
• Loss of Parent Support: Families navigating special education rely on Parent Training and Information (PTI) centers funded by the Department of Education. These centers provide essential, hands-on assistance to parents. HHS lacks the experience and infrastructure to maintain and strengthen this vital network.
• Undermining Inclusion: The Department of Education oversees the Elementary and Secondary Education Act and other key education laws that reinforce the principle that students with disabilities are general education students. A shift to HHS would fracture this connection and threaten the expectation that every student—regardless of disability—can achieve academically and pursue career training or post-secondary education.

Students with disabilities don’t belong in a medical model. They belong in classrooms, learning alongside their peers, and preparing for bright futures. Moving IDEA to HHS risks turning back the clock on inclusion and sends a harmful message that children with disabilities are “patients” to be managed rather than students with potential to be fulfilled.

At The Arc, we will continue to fight to ensure that IDEA remains where it belongs—within the U.S. Department of Education—because every student deserves access to a meaningful education and the opportunity to achieve their goals.

WASHINGTON, DC – In a major victory for disability rights, a federal court has ruled that Texas Senate Bill 1 (S.B. 1) violates the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act by imposing significant barriers to voting for people with disabilities. The ruling, issued by Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas, declares that several provisions of S.B. 1 disenfranchise disabled voters, reinforcing that the state’s “know-nothing-do-nothing” approach to ADA compliance in elections is unlawful.

“This decision sends a clear message: systemic barriers that prevent people with disabilities from fully participating in the electoral process are illegal,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel for The Arc of the United States. “The court carefully considered the experiences of The Arc’s members—voters with disabilities and their assistors—and found that S.B. 1 subjected them to barriers that blocked their voices on issues that directly impact their daily lives, stripping them of their fundamental right to participate in our democracy. Even when voters with disabilities managed to cast a ballot, they endured significant burdens that are themselves violations of federal law. This ruling affirms that the right to vote must be more than theoretical—it must be meaningful, accessible, and free from unnecessary hardship. The Arc celebrates this decision and will continue fighting nationwide to protect the rights of voters with disabilities.”

This ruling makes it clear that “Texas voters with disabilities deserve better,” the court concluded. “And the ADA and Section 504 demand more.”

The court found that, contrary to the state’s argument, voters with disabilities should not have to fight through unnecessary obstacles just to exercise their fundamental right to vote. Public entities have an affirmative obligation under the ADA and Section 504 to proactively ensure accessibility, rather than waiting for voters with disabilities to request accommodations. The ruling also emphasized the real harm caused by criminalizing voter assistance—an issue exacerbated by the ongoing crisis in the direct care workforce—and creating barriers to voting by mail.

“This decision not only validates the inequitable barriers faced by Texans with disabilities when voting—it puts a stake in the ground that nothing short of true, meaningful voting accessibility is acceptable under the law,” said Jennifer Martinez, CEO of The Arc of Texas. “This ruling recognizes the powerful testimony from our members who bravely shared their experiences in court. Their voices changed history.”

S.B. 1, enacted in 2021 under the guise of election integrity, imposed a maze of restrictions that disproportionately harmed voters with disabilities. Among its most damaging provisions, the law:

• Criminalized certain forms of voter assistance, deterring family members, caregivers, and others from helping voters with disabilities navigate the voting process;
• Created burdensome ID requirements for mail-in ballots, leaving many voters—especially those who lack access to reliable transportation—unsure whether their ballot would be accepted;
• Forced voters with disabilities to navigate an intimidating system that threatened their privacy and put their assistors—many of whom are immigrants and people of color—at risk of criminalization, while preventing election officials from taking proactive steps to ensure accessibility.

The Arc of the United States and The Arc of Texas, alongside civil rights groups including the Legal Defense Fund (LDF), Delta Sigma Theta Sorority, Inc., and the Houston Area Urban League, and the law firms Arent Fox Schiff and Reed Smith, have been fighting this law in court since it was enacted. This latest ruling builds on a previous decision from October 2024, in which the court found that sections of S.B. 1 violated the Voting Rights Act by limiting the right of voters with disabilities to receive assistance from the person of their choice. This new decision goes even further by addressing vote-by-mail restrictions and voter assistance criminalization—key issues that disproportionately impact voters with disabilities.

“This ruling is a significant triumph for the three million voters with disabilities across Texas and the ongoing fight for an inclusive democracy,” said Jennifer A. Holmes, Deputy Director of Litigation at the Legal Defense Fund. “The Court’s decision strikes down barriers that unfairly burdened and excluded voters with disabilities, ensuring they can exercise their fundamental right to participate in the franchise. The right to vote is illusory if election procedures are not accessible to all voters. This ruling strengthens the fairness of our electoral system by ensuring equal access to the ballot box.”

“At trial, the Court heard testimony regarding the significant barriers disabled voters face in any election and that S.B. 1 exponentially compounded issues people with disabilities faced,” said J. Michael Showalter, partner at ArentFox Schiff. “We were proud to stand with our clients Delta Sigma Theta Sorority and The Arc of Texas in removing barriers that limited Texans’ with disabilities rights to cast their votes.”

The court’s permanent injunction prohibits Texas state and county election officials from enforcing the challenged provisions of S.B. 1, though the ruling is stayed until after the May 2025 election under the Purcell principle.

The Arc remains committed to ensuring that every person with a disability has equal access to the ballot and will continue to fight voter suppression laws that undermine this fundamental right.

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About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who knew their disabled children deserved more, The Arc is now the largest grassroots organization for people with IDD with nearly 600 chapters in 48 states and Washington, DC. Together, we are promoting and protecting the rights of people with disabilities and supporting their inclusion throughout their lives—from education to employment to community living. There are approximately 7.4 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About The Arc of Texas: The Arc of Texas is a statewide advocacy organization that promotes, protects, and advocates for the human rights and self-determination of Texans with intellectual and developmental disabilities (IDD). We envision a world where Texans with intellectual and developmental disabilities are included in their communities with quality support and services that meet their needs and choices. The Arc of Texas focuses on four policy pillars impacting Texans with IDD: 1) quality of life (community supports and services), 2) inclusive education, 3) integrated employment, and 4) civil rights and justice.

This op-ed from The Arc’s CEO Katy Neas was originally published in Newsweek.

If the U.S. Department of Education disappears, millions of students with disabilities will face even greater barriers to getting the education they deserve. They are our neighbors, classmates, friends, and family members. When we take away the protections and resources that make education possible, we don’t just fail them—we fail as a society.

In 1971, before federal protections for people with disabilities existed, states were free to exclude children with disabilities from their public schools—and many did. Millions of children were denied an education, not because they couldn’t learn, but because our society didn’t believe they were worth educating. That changed because of federal action. Parents, led by my organization, The Arc, fought in court and won. Their victory laid the foundation for the Individuals with Disabilities Education Act (IDEA), securing the right to a free, appropriate public education for students with disabilities, regardless of the nature or severity of their disability.

Now, access to that right is in jeopardy, and parents across the country are alarmed.

Calls to dismantle the U.S. Department of Education have begun to appear on mainstream platforms, with members of Congress openly advocating for its elimination. This proposal isn’t just a bureaucratic shift; it’s an existential threat to students with disabilities and their families. While IDEA would remain law, without federal oversight, there would be few mechanisms to ensure states follow it.

When education is limited, so is opportunity. Without education, students with disabilities face higher rates of poverty, unemployment, poor health, and social isolation. Education is the foundation for independence, inclusion, and a future with choices. Strip it away, and we are not just limiting potential—we are forcing millions of people into a lifetime of barriers and hardship.

This issue is personal for me. As a former deputy assistant secretary in the Department of Education’s Office of Special Education and a lifelong advocate for disability rights, I have seen firsthand what happens when children with disabilities face barriers—and how the Department of Education steps in to make things right.

Here’s a real-life example. A few years ago, parents in Texas discovered that the state had an unfair limit on the number of children with disabilities who could receive special education services. The cap was set at just 8.5 percent, even though nearly 15 percent of students in most states are eligible for these services. These concerned parents reached out to the Department of Education for help. The department’s staff worked closely with the state, guiding them on what needed to be done to fix the problem. After months of collaboration, Texas removed the cap, ensuring that every child who qualifies for special education can now get the support they need.

The Department of Education does far more than provide support to state departments of education. It funds high-quality training for special education teachers, drives innovation in how we educate students with disabilities, supports parents, and enforces disability rights laws. It also ensures that when students with disabilities are not able to access appropriate special education services, families have a way to fight back. In fact, the largest category of complaints filed with the Department of Education are from parents of students with disabilities who believe their children are being denied the education they need and deserve. In many cases, the Department of Education works directly with school districts to resolve these issues and improve services.

What does this work mean for children with disabilities? Consider Whitman, an 11-year-old with autism and apraxia who is nonspeaking and uses an augmentative communication device to communicate. The support he receives through special education has been life-changing—not just for him, but for his entire family. At first, he was placed in a school where all the children had disabilities. He struggled until the school started a program that helped Whitman learn alongside his non-disabled peers. Now, he is not only excelling academically but recently performed in two school musicals—something his family never imagined possible.

Decades ago, the United States decided that having a disability or living in a certain state should not determine whether a child receives a quality education. That promise is now under attack. Dismantling the Department of Education wouldn’t just turn back the clock—it would create chaos and deepen inequality. It would mean fewer trained teachers, weaker enforcement of disability rights, and more children slipping through the cracks.

The stakes have never been higher. If we allow the Department of Education to be dismantled, we not only undo decades of progress; we also risk abandoning the promise that every child deserves a chance to succeed. We cannot let this happen. The futures of millions of students are in our hands—and we must protect them.

Katy Neas is CEO of The Arc of the United States. She previously served as Deputy Assistant Secretary and Acting Assistant Secretary in the Department of Education’s Office of Special Education.

WASHINGTON, DC – For countless families in the District of Columbia, the daily trip to school is fraught with anxiety due to unsafe and unreliable transportation services for students with disabilities. Today, a federal judge signaled hope for change and cleared the way for parents and guardians of children with disabilities and The Arc of the United States (The Arc) to pursue their case against the District of Columbia (DC) for failing to provide them with safe, reliable, and effective transportation to school. According to the decision by Judge Paul L. Friedman of the District Court of DC, students with disabilities have the right under federal disability rights laws to seek “structural relief that serves all children with disabilities.” The decision affirms that there is a remedy when children with disabilities are denied equal access to education.

The complaint, filed in March 2024, alleges that DC’s Office of the State Superintendent for Education (OSSE) denies students equal access to their education in violation of federal and local disability and civil rights laws by failing to provide students with transportation to and from school. Unsafe or unreliable transportation often means missed school days, interrupted learning, and barriers to building essential relationships and skills. According to the complaint, buses routinely arrive very late to pick students up from their homes, or do not arrive at all; students are left stranded at school without guaranteed transportation back home; students spend excessive time on buses, and students do not get the accommodations they need to ride safely. The plaintiffs are represented by The Arc, Washington Lawyers’ Committee for Civil Rights, Children’s Law Center, and McDermott Will & Emery.

By allowing The Arc to proceed as a plaintiff on behalf of its members, the decision reinforces the important principle that advocacy groups can and should bring litigation to secure the rights of its members under the IDEA and ADA. The decision, relying in part on the Department of Justice’s Statement of Interest filed in this case, also rejects the notion that students with disabilities need to meet a heightened standard in order to bring education discrimination claims.

“The buses meant to help children with disabilities build their education and futures are instead perpetuating their exclusion. This is not just a matter of tardiness or inconvenience—it’s stealing children’s opportunities to learn, grow, and connect with their peers,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel for The Arc of the United States. “Fighting for this change is about ensuring that our school systems work for and include all students. Today’s ruling affirms the right of students with disabilities to access their education without barriers. While there is still work ahead, this is an important step forward for systemic change.”

“The decision today will allow parents to keep seeking changes to a transportation system that so far has failed to deliver,” said Kaitlin Banner, Deputy Legal Director for the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “Our clients are ready to press forward and ensure that they will not endure another school year without access to their education.”

“I’m excited that the case is moving forward,” shared plaintiff Ms. Joann McCray and mother to 12-year-old boy who has faced ongoing bus transportation issues. “I hope that this can be the beginning of some real systemic change for my son and others.”

“With Judge Friedman’s reasoned decision, it is full speed ahead to obtain the District’s documents and testimony in advance of trial,” said Eugene Goldman, Senior Counsel at McDermott Will & Emery.

Click Here To Read the Opinion

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About The Arc of the United States
The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About Children’s Law Center
Children’s Law Center believes every child should grow up with a strong foundation of family, health and education and live in a world free from poverty, trauma, racism and other forms of oppression. Our more than 100 staff – together with DC children and families, community partners and pro bono attorneys – use the law to solve children’s urgent problems today and improve the systems that will affect their lives tomorrow. Since our founding in 1996, we have reached more than 50,000 children and families directly and multiplied our impact by advocating for city-wide solutions that benefit hundreds of thousands more. For more information, please visit www.childrenslawcenter.org.

About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers’ Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit www.washlaw.org.

About McDermott Will & Emery
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve. For more information, please visit www.mwe.com.

Statement from Robyn Linscott, Director of Family & Education Policy at The Arc of the United States, on the passing of the Autism CARES Act:

“The Autism CARES Act of 2024 has passed, and it represents a critical step forward in addressing the needs of people with disabilities. This milestone is the result of years of tireless advocacy, personal storytelling, and bold action by people with disabilities, their families, and allies. Their experiences are driving real change that will impact millions.

The Arc of the United States is proud to have worked alongside other disability rights groups to educate lawmakers and spur action on the pressing needs of people with autism and other disabilities. The Autism CARES Act goes far beyond funding—it’s a commitment to ensuring better futures for millions. By investing in research, services, and training, this law strengthens support for people with autism and other disabilities at every stage of life. From early intervention services that help young children grow and learn, to programs addressing the growing gaps in adult services, this legislation moves us closer to ensuring that all individuals have access to the care they need.

Autism affects 1 in 36 children and 1 in 45 adults in the U.S., yet many families still face significant barriers, such as long delays in diagnoses and a severe lack of adult support. The Autism CARES Act reaffirms that people with autism and other disabilities deserve resources, dignity, and independence—not just in childhood, but throughout their lives.

This is what real progress looks like: a community coming together to ensure their voices are heard. It’s proof that advocacy matters and that change is possible when lawmakers listen and act. While many challenges remain, especially with the ongoing threats to Medicaid, the Autism CARES Act shows that progress is possible. At The Arc, we remain dedicated to ensuring that every person with a disability can live fully and thrive.”