While the law itself remains on the books, the definition of legal “access” is developed by guidance from the US Access Board. The Board, comprised of at least half disabled people, is supposed to meet annually, but their meeting was cancelled in January. Now the law is being hollowed out by the DOJ.
The DOJ is using a January Executive Order aimed at “lowering the cost of living” as the justification for the rollback.
That accommodating disabled people is too expensive is age-old rhetoric favored by eugenicists and Nazis, and has been used to justify segregation, institutionalization, neglect, forced sterilization, and murder of disabled people here and abroad.
1300 Department of Education employees were laid off last week, some of them illegally, including workers in the Office of Special Education and Rehabilitative Services (OSERS), who provide a variety of special education funding and programs, oversee IDEA, and fund and support special institutions like Gallaudet, NTID, the American Printing House for the Blind, Helen Keller National Center for the Blind, and more. Take action!
Write to a Senator on the Health, Education, Labor and Pensions (HELP) Committee.Here is the full list of the committee. If your Senator serves, write them! If not, you can still choose a Senator to write to in their capacity on the committee, as long as you are honest about where you live. Here are some suggested contacts for the four Republicans most likely to stand up for special and deaf education:
Senator Jon Husted–Husted has been an advocate for disability rights in Ohio in the past.
Senator Rand Paul–Paul has a Deaf nephew, and has used ASL on the Senate floor.
The template below can be tailored to contact a Representative or Senator, by mail or email– or one of each!
Dear [Senator or Representative + Last Name]:
[If writing your congressperson, or if your Senator serves on the HELP committee: “I am a constituent from zip code [insert yours]”]. OR [If writing to a Senator on the HELP committee not from your state: “I am a resident of writing to you in your capacity on the HELP committee.”]I am writing to express my grave concern that Linda McMahon, President Trump, and the Department of Government Efficiency (DOGE) are taking steps to abolish the Department of Education and eliminate educational opportunities for millions of students across the country, especially this impact has on students who are deaf, hard of hearing, and deafblind. This includes the termination of over 1,300 workers at the Department of Education. Linda McMahon inappropriately included in this termination of the Liaison to the Special Institutions, who works in the Office of Special Education and Rehabilitative Services (OSERS).
The Liaison to the Special Institutions position within the Department of Education is mandated by the law The Education of the Deaf Act (EDA) 20 U.S.C. 4356 Section 206 Liaison for Educational Programs. Through this law, Gallaudet University and the National Technical Institute for the Deaf (NTID) at the Rochester Institute of Technology (RIT) receive direct appropriations from Congress to provide education and employment services to individuals who are deaf, hard of hearing, and deafblind. The EDA designates the Liaison to serve between the Department and Gallaudet University, NTID, and other postsecondary educational programs for individuals who are deaf under the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, and other Federal or non-Federal agencies, institutions, or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing. The law also stipulates that the person in this position must be from the deaf community.
Without the Liaison, the Department will be unable to fulfill its critical functions as mandated in the EDA. In order to keep operations at both Gallaudet and NTID continued without disruption, I ask that you take immediate action to have Linda McMahon correct her mistake and reinstate the employee who serves in this position.
Hundreds of Illegal Layoffs at the Department of Education. DoED laid off over 1300 employees Tuesday night, nearly half the department. Secretary McMahon made a statement that layoffs would not affect special ed, nor any legally-mandated positions, but that was a lie.
Layoffs were conducted without review via a generic, “Dear colleague” letter, including eliminating workers in mandated positions that are not allowed to be vacant by law. Many workers who were supposed to continue on until the end of the month or longer cannot consistently access their emails and computers due to DOGE control.
The layoffs spanned a variety of departments, cutting large swaths of the Office of Civil Rights (OCR).The Office of Special Education and Rehabilitative Services (OSERS) was also impacted.
The entire office providing funding for Gallaudet, NTID, the American Printing House for the Blind, Helen Keller National Center, and other special institutions has been laid off.
There is also currently no director at the head of OSEP, the office overseeing IDEA. McMahon sparked anger in an interview after the layoffs, in which she revealed she did not know what “IDEA” stands for.
Regional DoEd Offices Shuttered. In addition to the layoffs, seven regional Department of Education offices have also been closed down: Cleveland, Boston, New York, Dallas, San Francisco, Chicago, Philadelphia.
Among many impacts, this will further delay already long wait times for students and families dealing with discrimination complaints.
DOGE Continues to infiltrate Social Security Administration (SSA). The DOGE team continues to grow at SSA, in what journalists believe to be the largest presence at any agency. Musk and friends have alleged “mass fraud” at the agency, but have not produced any evidence of the claim.
DOGE is currently considering cancelling benefits for nearly 200,000 people who receive social security benefits without a SSN; however the majority of those are disabled children whose benefits are redirected to a “designated payee” in their parent or guardian.
DOGE takes aim at the Department of Housing and Urban Development (HUD).Under Musk, DOGE targeted HUD for layoffs of around half of the department, which oversees housing vouchers, rental assistance, public housing and a variety of anti-homelessness initiatives, including rebuild grants for communities after disaster.
HUD also oversees fair housing laws and fields discrimination complaints.
Senate Finance Committee holds hearing for Dr. Mehmet Oz. TV personality “Doctor Oz” was tapped to be Administrator of the Centers for Medicaid and Medicare Services, and began his hearing Friday.
He is poised to oversee Medicaid, Medicare, and administrative duties related to the Affordable Care Act as Republicans vow to make deep cuts to the former two programs. Oz sidestepped questions about whether he would protect Medicaid from cuts during Friday’s hearing.
A coalition of anti-Trump organizers, including the federal workers union, had rallied to encourage Democrats to vote NO, in an effort to bring Republicans to the negotiating table and include language to reign in DOGE’s unfettered slashing of federal programs and employment. Instead, a small group of Democrats helped push the bill through.
Now that Democrats have ceded their leverage it will be difficult to stop further implementation of Project 2025 or DOGE cuts, beyond lawsuits after the fact.
Participants continue to say they do not want to dismantle disabled people’s rights, but have not revoked the original filing, which explicitly asks for 504 to be declared unconstitutional (p 37-42).
504 protects disabled people’s rights in all spaces that receive federal funding, but could have major implications for those needing interpreters in hospitals in light of the new English EO. The next update is due in April.
Good News…21 Attorneys General have banded together to sue the administration regarding the illegal firings of Department of Education employees. This comes alongside previously established suits and union actions already in-play for other firings and freezings across the federal workforce.
A judge also ordered Thursday that probationary employees across multiple agencies who were laid off should be reinstated.
Action Items: Share this info. Disability is often lost in mainstream coverage.
Call your Representative and tell them to intervene on behalf of the Dept. of Education.
Call the Senate Finance Committee members and tell them to vote NO on Dr. Oz.
If your state is involved, contact your Attorney General and ask them to withdraw from Texas v. Beccera. Tell them you stand in solidarity with disabled people, and trans folks.
Consider how you can pivot to creative and local acts of resistance now that elected officials have ceded negotiating power. Here are some ideas.
My Name is [full name] and I’m a constituent calling from zip code [your zip code] to ask you to vote NO on the budget bill until there are firm guardrails in place that take financial control from DOGE and return it to Congress, as stipulated by the Constitution.
The executive overreach of freezing Congressionally-approved spending and firing federal workers is illegal and dangerous.
I understand concerns about the impacts of a temporary government shutdown, but the government is not currently functioning by the rule of law. Giving Republicans free reign to gut Medicaid and SNAP will harm even more Americans. Please use this moment of leverage to stand with the American people and the Constitution, and vote NO unless enforceable protections are implemented. Thank you.
My Name is [full name] and I’m a constituent calling from zip code [your zip code] to ask you to stop the Trump administration from harming students and families by dismantling the Department of Education. By closing key offices and conducting illegal layoffs, Trump and DOGE are trying to bypass Congress to gut the department.
[Personal statementhere] Ex: In particular, I’m a [parent / student / teacher / community member], concerned about about the impact that these cuts will have on students with disabilities, including funding and oversight for programs like [IDEA, 504, Gallaudet, American Printing House for the Blind, Helen Keller National Center, Special Olympics. If applicable, restate importance of program to you or your family.]
This is an overreach by the executive branch. Please act to protect the students and the federal workers who serve them. Thank you.
On Tuesday, 11 March, the Department of Education fired over 1,300 workers, nearly half of the department. Afterward, Linda McMahon told reports that legally-mandated employees, and programs protecting disabled students’ rights were not affected; however, that was a lie. In the same interview, she also revealed she did not know what IDEA stands for.
Federal work has some in-built protections to layoffs generally, but on top of that, some of the jobs removed yesterday are legally-mandated, making it illegal for those positions to be vacant.
The layoffs had a wide reach across departments, but it’s been confirmed that some of those removed were from OSERS, the Office of Special Education and Rehabilitative Services.
OSERS oversees and funds early intervention and IDEA law, various Vocational Rehabilitation programs, and special institutions like the American Printing House for the Blind, Helen Keller National center for DeafBlind, National Technical Institute for the Deaf (NTID) and Gallaudet.
Without a functioning department for funding and advocating for these programs, they are in danger. With respect to Gallaudet, specifically, the university has some special protections due to its Charter, but it is not immune to cuts, and there is no specific amount of funding guaranteed.
Ultimately, this is no longer about debating various political policies anymore, but about returning to the rule of law.
Action Items
1. Don’t panic. There are currently many unknowns, which can be scary, but instead of spiraling you can–
2. Call your senator. Tell them to vote NO on the budget resolution until those who are illegally fired are reinstated, and there are guardrails in place to revoke financial control to DOGE and return it to Congress, as it says in the Constitution.
The Senate Democrats have leverage at this moment, because bipartisan effort will be required to pass the bill by Friday, so please let Senators, especially Democratic Senators know it’s past time to stand up for the rule of law.
3. If you are in DMV area, there will be a protest outside the Department of Education building tomorrow (Thursday the 13th) starting at 1PM. Show up if you can.
4. Spread the word. Not only will these actions harm children and society overall, but they are illegal. People in power are not above the law in this or any context.
Linda McMahon confirmed, prepares to gut DoED. The Senate confirmed Linda McMahon to her post as Secretary of the Department of Education. Almost immediately she sent out an email to all employees titled, “Our Department’s Final Mission” detailing her desire to emphasize patriotism and vocational skills in American education, while simultaneously dismantling federal oversight. Trump was due to sign an EO aimed at gutting the dept on Thursday, but delayed due to unpopularity. (Keep it up!)
Musk calls people who receive government assistance the “parasite class.” Musk posted on X referring to people who receive Social Security or government assistance as the “parasite class.” The comment comes as DOGE seeks to gut the Social Security Administration and the GOP sets its sights on Medicaid funding.
Dehumanizing rhetoric, especially referring to people as animals, is Stage 4 in the Ten Stages of Genocide. In the lead up to the Rwandan genocide, the Tutsis were called “cockroaches”; in Germany, Nazis called Jews “vermin,” disabled people “useless eaters,” and more.
Executive Order “Designating English as the Official Language of the US”. The EO declares English the US’s official language and revokes the Clinton EO, “Improving Access to Services for Persons with Limited English Proficiency,” Individual agencies can now choose whether they want to provide materials in other languages.
The changes may have dangerous impacts for those needing medical and legal interpreters, as well as educational impacts for English language learners. Section 504 and the still ADA protect the right to ASL interpreters, but procuring funding may be more complicated, (and the 504 lawsuit even more consequential).
DOGE Takes Aim at Social Security Administration. Workers inside the Social Security Administration (SSA) said DOGE have been controlling their computer access for weeks, including internet access to outside news websites. A new plan aims to cut 12% of the workforce, or about 7,000 people, though more are expected to be driven out by stressors. The SSA workforce was already stretched thin, operating at a 50-year low.
Musk called social security a “Ponzi scheme” and alleged massive fraud. However, American workers pay into Social Security to receive their retirement benefits, and there is no evidence of widespread fraud. 70 million retired and disabled Americans depend on Social Security benefits. They layoffs may cause payment delays and make it harder to access SSA offices, helplines, and more.
More Attacks on Veterans Affairs, Employment. The Department of Veterans Affairs announced a major overhaul this week, with a goal to lay off approximately 80,000 workers. The plan is sure to disrupt veterans’ healthcare, hospitals, mental health services, and other benefits, as well as lay off many veterans in the process–the federal government is also the number one employer of disabled veterans across many agencies.
In discussing the potential layoffs, Alina Habbas, one of the President’s lawyers, said, that those veterans affected may not be “fit to have a job at this moment.”
RFK Jr. waffles on vaccines as US Sees 2nd measles death. RFK Jr. Released an Op-Ed on Fox News that appeared to encourage people to get vaccinated against the measles as the outbreak surged in Texas and cases appeared on the east coast. Others say RFK’s views are unchanged, and his mention of “therapeutic treatments” in addition to vaccines is a dog-whistle to antivax followers.
Under Kennedy, the CDC announced a new large-scale study into vaccines and autism on Friday. The topic has already been thoroughly studied, with no link found. Increased rates of autism in children are attributed to better screenings.
Eugenics and “Race Science” conference to convene in Texas. The 2nd annual “Natal Conference” will take place at University of Texas at Austin’s AT&T Conference Center on March 27-28th. “Natalism” is philosophy that believes in the importance of childbearing for social (or religious) reasons, and thus advocates for a high birthrate.
Eugenics and “race science” are strains of pseudoscience founded in the belief that humanity can be “improved” through selective breeding. Typically, these ideas are used to reinforce racist stereotypes and ableism. Various far-right and neofascist influencers are slated to speak. Musk has also been invited.
Texas v. Beccera lawsuit continues. Attorneys General continue to use transphobic rhetoric to attack Final Rule and Section 504. Participants continue to say they do not want to dismantle disabled people’s rights, but have not revoked the original filing, which explicitly asks for 504 to be declared unconstitutional (p 37-42).
504 protects disabled people’s rights in all spaces that receive federal funding, but could have major implications for those needing interpreters in hospitals in light of the new English EO. The next update is due in April.
Action Items Share this info. Disability is often lost in mainstream coverage.
Call your Rep. and tell them NO cuts to Medicaid/SNAP and Veterans’ care, and YES to the Dept. of Education Protection Act.
Call your Rep. and Senators and remind them that Social Security is *our* money, not Musk’s.
Protest U of T’s hosting of the upcoming racist and eugenicist conference.
If your state is involved, contact your Attorney General and ask them to withdraw from Texas v. Beccera. Tell them you stand in solidarity with disabled people, and trans folks.
When I took the oath of office as Secretary of Education, I accepted responsibility for overseeing the U.S. Department of Education and those who work here. But more importantly, I took responsibility for supporting over 100 million American children and college students who are counting on their education to create opportunity and prepare them for a rewarding career I want to do right by both.
As you are all aware, President Trump nominated me to take the lead on one of his most momentous campaign promises to families. My vision is aligned with the President’s: to send education back to the states and empower all parents to choose an excellent education for their children. As a mother and grandmother, I know there is nobody more qualified than a parent to make educational decisions for their children. I also started my career studying to be a teacher, and as a Connecticut Board of Education member and college trustee, I have long held that teaching is the most noble of professions. As a businesswoman, I know the power of education to prepare workers for fulfilling careers.
American education can be the greatest in the world. It ought not to be corrupted by political ideologies, special interests, and unjust discrimination. Parents, teachers, and students alike deserve better.
After President Trump’s inauguration last month, he steadily signed a slate of executive orders to keep his promises: combatting critical race theory, DEI, gender ideology, discrimination in admissions, promoting school choice for every child, and restoring patriotic education and civics. He has also been focused on eliminating waste, red tape, and harmful programs in the federal government. The Department of Education’s role in this new era of accountability is to restore the rightful role of state oversight in education and to end the overreach from Washington.
This restoration will profoundly impact staff, budgets, and agency operations here at the Department. In coming months, we will partner with Congress and other federal agencies to determine the best path forward to fulfill the expectations of the President and the American people. We will eliminate unnecessary bureaucracy so that our colleges, K-12 schools, students, and teachers can innovate and thrive.
This review of our programs is long overdue. The Department of Education is not working as intended. Since its establishment in 1980, taxpayers have entrusted the department with over $ 1 trillion, yet student outcomes have consistently languished. Millions of young Americans are trapped in failing schools, subjected to radical anti-American ideology, or saddled with college debt for a degree that has not provided a meaningful return on their investment. Teachers are leaving the profession in droves after just a few years- -and citing red tape as one of their primary reasons.
The reality of our education system is stark, and the American people have elected President Trump to make significant changes in Washington. Our job is to respect the will of the American people and the President they elected, who has tasked us with accomplishing the elimination of bureaucratic bloat here at the Department of Education -a momentous final mission- quickly and responsibly.
As I’ve learned many times throughout my career, disruption leads to innovation and gets results. We must start thinking about our final mission at the department as an overhaul-a last chance to restore the culture of liberty and excellence that made American education great. Changing the status quo can be daunting. But every staff member of this Department should be enthusiastic about any change that will benefit students.
True change does not happen overnight – especially the historic overhaul of a federal agency. Over the coming months, as we work hard to carry out the President’s directives, we will focus on a positive vision for what American education can be.
These are our convictions:
Parents are the primary decision makers in their children’s education.
Taxpayer-funded education should refocus on meaningful learning in math, reading, science, and history–not divisive DEI programs and gender ideology.
Postsecondary education should be a path to a well-paying career aligned with workforce needs.
Removing red tape and bureaucratic barriers will empower parents to make the best educational choices for their children. An effective transfer of educational oversight to the states will mean more autonomy for local communities. Teachers, too, will benefit from less micromanagement in the classroom- enabling them to get back to basics.
I hope each of you will embrace this vision going forward and use these convictions as a guide for conscientious and pragmatic action. The elimination of bureaucracy should free US, not limit us, in our pursuit of these goals.
I want to invite all employees to join us in this historic final mission on behalf of all students, with the same dedication and excellence that you have brought to your careers as public servants.
This is our opportunity to perform one final, unforgettable public service to future generations of students. I hope you will join me in ensuring that when our final mission is complete, we will all be able to say that we left American education freer, stronger, and with more hope for the future.
The full Senate voted along party lines to advance McMahon’s nomination. The final confirmation vote is Monday, 3/3.
Trump has promised major cuts to the department via Executive Order once McMahon is in place, and three active bills to abolish the department are also currently in Congress.
DoED funds and oversees a variety of disability-specific programs and grants, and protects disabled students rights to attend public schools.
“End DEI” Snitch Portal Opens at DoED. The portal asks people to report K-12 schools that are supporting sex or race-based DEI initiatives, which the program frames as “discriminatory.”
The end to inclusive efforts in public schools hurts all students, with BIPOC disabled and/or LGBTQ disabled students at the highest risk of being bullied by peers, and not receiving full access to their education
Airlines petition to overturn DOT rule holding them accountable for wheelchair damage. In Airlines for America vs. DOT, the group has filed a petition to roll back a Biden/Buttigieg era update that would hold airlines accountable for damage caused to wheelchairs and mobility devices on flights.
More than 1 in every 100 wheelchairs or mobility devices are damaged in transit, often rendering them unusable and leaving passengers stranded in their new destination.
Delta, American Airlines, JetBlue, Southwest, and United are all involved.
Texas vs. Beccera lawsuit continues. An update last week attempted to shift focus to Final Rule’s spending guidance for independent living, which could affect disabled people’s rights to live in-community. They also continue to use transphobic rhetoric to attack Final Rule.
Despite reassurances, the original filing does explicitly ask for 504 to be declared unconstitutional (p 37-42). We also should not make concessions on basic rights for any humans.
A South Dakotan AG was removed from the case, but the state itself did not withdraw from the suit.
Budget Resolution with deep cuts to Medicaid, SNAP clears the House. The House passed a budget resolution requiring $880 billion in cuts, likely from the Energy and Commerce Committee, who oversees Medicaid and SNAP. Medicaid provides healthcare for 70 million disabled and low-income Americans, SNAP provides financial assistance for families who need food.
The money would instead go to tax cuts for the very wealthy, as well as to the Dept. of Defense for border programs. Changes for tax on tips and overtime was not included, despite campaign promises.
The budget now moves to the Senate, where they can propose changes. Congress will also work on the bill in committees.
RFK Jr., Rubio and DOGE attack vaccines, global health programs. The FDA meeting to plan next year’s flu shots was cancelled this week, alongside a meeting for developers of a Covid vaccine pill. A Long Covid committee was also disbanded. The move comes amid an ongoing measles outbreak, in which an unvaccinated schoolchild was the first death.
Both pandemics and vaccine refusal are bad for everyone, and disproportionately harm disabled and immunocompromised folks, as well as babies too young to receive their vaccines.
Eugenicists get promoted. Conspiracy theorist Darren Beattie is now serving as an acting undersecretary at the Dept. of State. He was fired from a first Trump administration speechwriting role after attending a white nationalist conference.
Beattie is known for bigoted comments, especially his desire to sterilize “low-IQ trash.” His advocacy for “population control” frequently targets BIPOC and disabled people.
Right-wing ideologue Bari Weiss used her platform to advocate for subminimum wage for disabled people this week. Biden’s Labor Dept had previously sought to phase out the sheltered workshop certification loophole that makes it legal.
Action Items:
Share this info. Disability is often lost in mainstream coverage.
Call your Senator and ask them to vote NO on the McMahon nomination, and on any budget that cuts Medicaid/SNAP
Call your Rep. and tell them to bring back funding for public health, and vote YES to the Dept. of Education Protection Act.
Contact involved airlines and ask them to drop their suit, and be accountable for destruction of passengers’ wheelchairs.
If your state is involved, contact your Attorney General and ask them to withdraw from Texas v. Beccera. Tell them you stand in solidarity with disabled people, and trans folks.
Make some good trouble and spam the DoED Anti-DEI portal 😉
Be on the lookout for an incoming Executive Order about English as the national language, which could have many educational impacts.
The US Department of Education is an essential source of funding and oversight for all US students, but particularly for those with disabilities.
If you want more information about the functions of DoED and recent attacks, visit our explainer here. For a flyer with a QR code linking back to that information, go here.
Or, keep up to date on all the changes at DoED (inclusive of, but not limited to those affecting disabled people) at this spreadsheet, courtesy the volunteer Save Public Education. They’re currently in the process of building the website departmentofedtracker.com, but for now, the spreadsheet remains up-to-date!
Click on the image to view the Google Doc
ID: Screenshot of Google Sheets titled “US Dept of Education Updates.”
Resource: State-Level Proposals and Policies Affecting Education
States legislatures are capitalizing on ableist and anti-education sentiments in the White House to make their own attacks on local systems.
