Today, the House Ways & Means Committee will mark up a budget reconciliation bill that will include a $20 billion proposal diverting public funds to private schools via the Educational Choice for Children Act (ECCA). While the bill includes new language about so-called “protections” for students with disabilities, it is insufficient in providing meaningful, enforceable protections for students with disabilities and their families. The National Center for Learning Disabilities, along with The Arc of the United States, the Council for Exceptional Children, and the Center for Learner Equity, are staunchly opposed to this bill.

Consider this math: ECCA is estimated to fund private school tuition for about 1 million children for $5 billion a year (averaging $5,000 per child). By contrast, the Individuals with Disabilities Education Act (IDEA) currently serves 7.5 million children and receives $14.6 billion in federal funding a year, averaging less than $2,000 per child. This funding level is about 10% of the average per-pupil expenditures. Instead of fully funding IDEA, a promise Congress has never fulfilled, this Congress chooses to fund vouchers, which ultimately benefit the wealthy instead of investing in educating students with disabilities, the overwhelming majority of whom attend public schools.

Further, we reject the many ways in which students with disabilities would still be discriminated against, losing rights under IDEA if this bill passes. Under this proposal, parents may not be fully aware that if they take the voucher, they will jeopardize the rights of their children under IDEA, including:

1. The right to be educated in the least restrictive environment, a critical protection to ensure students with disabilities are not segregated from their nondisabled peers.
2. Parental rights, including dispute resolution and due process, an imperative for families to resolve disagreements and ensure educational access.
3. Student behavioral protections, manifestation determination, essential because disability and behavior are linked and unmet needs can result in challenging behaviors.

The bill makes no mention of students’ protections under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, which private religious schools are exempt from.

“The guarantee of rights and protections for students with disabilities using these vouchers is disingenuous at best and crooked at worst, without the other critical provisions of IDEA,” says Dr. Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities. “It is quite possible that families with disabilities will use a voucher under the pretense that their child will have the same rights when in fact they do not.”

“The rights to a free, appropriate public education for eligible students with disabilities remains even if federal and state funds are removed from the public education system. However, states will be extremely challenged to meet their obligation to these students if the ECCA becomes law,” says Katy Neas, CEO of The Arc of the United States. “Parents will have no choice but to sue their states to access the rights their children have been entitled to receive since 1975. And the parents of the 7.5 million children who receive special education services will prevail each and every time.”

“On the 50th anniversary of IDEA, now is the time for Congress to provide the funding it has failed to deliver over the decades for this landmark law. Instead, it is channeling public funds to private schools where there are no guarantees of protections for students with disabilities,” said Chad Rummel, Executive Director of the Council for Exceptional Children. “We call on Congress to rethink this strategy and prioritize public schools, which are designed to serve all children, and educate 90% of students nationwide each day, including 7.5 million children with disabilities.”

“The House proposal amounts to public dollars funding choice without rights. It misleads American families to believe their child with an individualized education program (IEP) will have access to both a federal education voucher and their IDEA protections when they enroll their child in a private or parochial school. But it does not,” stated Jennifer Coco, Interim Executive Director of the Center for Learner Equity. “The fine print of this proposal literally takes the ‘individualized’ out of IEP.”

WASHINGTON, DC – As national organizations dedicated to advancing the well-being of autistic individuals, the Autistic Self Advocacy Network, Autism Society of America, Autism Speaks, The Arc of the United States, Autistic Women and Non-Binary Network, Autistic People of Color Fund, and partners across the disability and public health sectors stand united in our call for science-based decision-making and increased investment in the research, programs and services the autism community needs to live fully.

While our organizations reflect a broad range of perspectives and experiences, we are aligned in the following principles:

• Vaccines Do Not Cause Autism. Decades of scientific research confirm there is no causal link. Public health messaging must be grounded in science and protect all communities.
• Autistic Individuals Deserve Respect and Support. Public dialogue and policy must reflect the inherent value, rights, and diverse needs of autistic people.
• Evidence-Based Policy Is Essential. We call on policymakers to work in collaboration with autistic individuals, families, researchers, clinicians, and disability organizations to ensure policy is grounded in science and responsive to community needs.

We are deeply concerned by growing public rhetoric and policy decisions that challenge these shared principles. Claims that autism is “preventable” is not supported by scientific consensus and perpetuate stigma. Language framing autism as a “chronic disease,” a “childhood disease” or “epidemic” distorts public understanding and undermines respect for autistic people.

At the same time, federal proposals to reduce funding for programs like Medicaid, the Department of Education, and the Administration for Community Living threaten the very services that autistic individuals and their families rely on. Research must be guided by credentialed experts and inclusive of the complexity and diversity of the lived experiences of the autism community—not redirected by misinformation or ideology. As leaders in the fields of Autism and public health, we are committed to contributing meaningfully to the ongoing dialogue and initiatives led by HHS.

We urge public leaders, institutions, and media to uphold scientific integrity and work together to strengthen—not weaken—the infrastructure of support for the entire autism community.

Signed By:

Autistic Self Advocacy Network, Colin Killick, Executive Director
Autism Society of America, Christopher Banks, President and CEO
Autism Speaks, Keith Wargo, President and CEO
The Arc of the United States, Katy Neas, CEO
Autistic Women & Nonbinary Network, Sharon daVanport, Executive Director
Autistic People of Color Fund, Ly Xīnzhèn Zhǎngsūn Brown, Founding Executive Director
Autism Empowerment, Karen Krejcha, Co-Founder, Executive Director
Dan Marino Foundation, Mary Partin, CEO

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.