Disability Rights Watch

Category: ADA

  • Week 21 Update

    1. Department of Energy leads new attack on Section 504 Over the past several weeks, the Department of Energy has been working to weaken Section 504, a statute that protects disabled people’s right to enter and be accommodated in any spaces that receive federal funding, including government buildings, public schools, hospitals that accept Medicaid, and more.

    The change seeks to allow various entities to decide whether or not they want to include accessibility and accommodations for disabled people based on whether they are “efficient.”
    The language is vague about the breadth of spaces that would be affected or what precedent it would set for 504/ADA enforcement.
    Public comment is open until June 16. Templates are available at the link above.

    2. Hospitals Warn Medicaid Cuts Will Devastate Rural Facilities Republicans continue to work on a budget bill that seeks to cut $785 billion from Medicaid programs across the next decade.
    Rural doctors and hospitals, especially in GOP-leaning populations in the middle of the country, will be disproportionally affected, as those populations tend to rely more heavily on Medicaid programs.

    This, alongside recent private equity takeovers of hospitals to flip them for profit, is creating healthcare deserts, where people may face extremely long wait times and/or travel for hours to reach emergency care.

    3. RFK Jr. Dismisses Entire Sitting Panel of CDC Vaccine Panel
    RFK Jr. dismissed the entirety of the CDC’s vaccine advisory panel, which previously had 17 members.

    Later in the week he announced 8 people to serve as their replacements. At least two have been very vocal against COVID mitigation measures, like masking, as well as vaccines.
    It is another of RFK’s many attacks on vaccine science since taking power at HHS, coinciding with the large sums of money he receives from antivax lobbyists.

    Healthcare providers and advocates are concerned that changes to vaccine recommendations will affect access, especially since health insurance companies use the panels to make decisions on what they will pay for.

    4. Antivax and Ableist Approaches to Autism Allow Conspiracy Cures to Gain Traction, Poison Children. The platforming of vaccine and autism-focused misinformation, and the removal of some misinformation safeguards by Google/YouTube, has led to an uptick in dangerous health conspiracies and grifts.

    One such group is the “bleach community” who attempts to “cure” autistic children by forcing them to ingest bleach.

    Poisoning children with bleach doesn’t make them less autistic. However, it can cause seizures, internal chemical burns, vomiting blood, and death. Platforming and both sides-ing nonscience has consequences.

    5. ASHA Moves to End DEI and Cultural Competency Certification Standards ASHA announced this week that they seek to strike language like “cultural humility; diversity, equity and inclusion; culturally and linguistically diverse; cultural responsiveness; equity in care”

    They claim funding concerns due to federal mandates, but they are privately funded by member dues

    ASHA is already a contentious organization. For SLPs and Audiologists, forgoing a supposedly “voluntary” membership can affect licensure in some states. Patients have been harmed by a long history of ableism, including shutting out D/HH and signing professionals, and indecision on dXs like CAPD leaving patients without care (due to no billable insurance codes)

    6. Good News: SCOTUS Ruling Makes ADA Complaints Easier in School Settings The unanimous ruling in AJT vs. Osseo Area Schools reifies the ADA is enforceable in public schools, and that students and families do not have to prove “bad faith” or “gross negligence” in order to file a complaint.

    Instead, schools will be held to the same legal standard as in other ADA-related cases: “deliberate indifference.” This is a big win for disability rights advocacy, especially in a time when legal oversight for IDEA, the law governing special education, is nearly eradicated by DoEd layoffs.

    DOJ oversight will be critical for enforcement of this new ruling, concerning as that department has already sought to weaken ADA guidance in recent weeks.

    7. Good News: Florida will Teach Disability History in K-12 Schools A new law in Florida mandates that the first two weeks in October will include curriculum on disability awareness and history.

    How the law will be implemented and the curriculum developed are still in their early stages.

    Some FL advocates have expressed concerns about the vague language of the law, as well as the way it siloes studies of specific disabilities into different grade levels; however, most generally agree it is a good first step in a state that is often hostile toward diversifying curricula.

    8. Hickson vs. St David’s Healthcare Partnership threatens ADA/504 in healthcare settings     Michael Hickson, a 46-year-old disabled Black man died in Texas in June 2020 after contracting Covid and being denied ventilator care and other ICU services. At the time, Texas and 24 other states had policies about rationing care that explicitly discriminated against disabled people. This is one of the things Final Rule updates seek to rectify.

    The case is currently before the Fifth Circuit Court of Appeals, a conservative court. If they rule in favor of the hospital, it would set a precedent that guts disabled people’s ability to file medical facility-related discrimination claims under the ADA or Section 504.

    Action Items:
    Share this info! Disability is often lost in mainstream coverage.

    Call your Senator and tell them to vote NO on this dangerous budget. Choose 1 or 2 programs important to you–Medicaid, gender-affirming care, SNAP, IDEA, etc.–and mention them by name.

    Leave a comment with the Dept. Of Energy speaking against their proposed changes to 504 enforcement. Templates available here.

    If your state is involved, ask your Attorney General to withdraw from Texas v. Kennedy. If able, donate to organizations like DREDF, ACLU, and NAD who are fighting various legal challenges, and ADAPT who routinely put their bodies on the line in activist work.

    Consider how to move toward creative acts of mutual aid, and protest, including offline materials. Make flyers! Call out misinformation. Warn your neighbors in the presence of ICE. If able march, boycott, donate and/or volunteer with your local food pantry or library.

  • Week 20 Updates

    1. WH loses appeal on Dept of Ed layoffs: A federal district court had previously barred the Department of Education from going through with the layoffs of about half its staff.

    Secretary of the department former WWE exec Linda McMahon testified before Congress that they had done no studies or analysis about how the layoffs would affect students, teachers, or educational infrastructure overall before acting.

    The administration appealed to the 1st US Circuit Court of Appeals in Boston to lift the injunction, but the appeal was rejected. They can now choose to comply or take the matter before the Supreme Court. The latter would be a lengthy process likely hobbling many programs in the meantime, especially in special education.

    2. UPenn-Yale research estimates 51,000 deaths annually from proposed Medicaid/ACA cuts: The research estimated the passage of Trump’s “big beautiful bill” would result in the following deaths:

    • Ending Medicare Savings Program for subsidized prescriptions– 18,200 annual deaths
    • Removal of Medicaid/care Services nursing home staffing rules–13,000 annual deaths
    • 7.7 million people losing coverage via Medicaid and ACA–11,300 deaths
    • Failure to extend Affordable Care Act enhanced tax credits–8,811 deaths

    3. Group of disabled activists, clergy arrested at capitol protesting Medicaid cuts: A group of activists made up of clergy and disabled organizers were arrested in at the Capitol on Tuesday after protesting Medicaid cuts. A group of 26 disabled protesters was previously arrested in May for disrupting hearings.

    An estimated 14 million people would lose coverage under the proposed cuts. For disabled people, Medicaid provides access to healthcare and the ability to live independently or in-community, rather than institutions and nursing homes.

    4. Senator Joni Ernst triples down on eugenic “jokes” about Medicaid: In response to a comment at a town hall from a constituent who was concerned that people will die from proposed Medicaid and SNAP cuts, Senator Ernst of Iowa smirked and said, “well, we’re all going to die.”

    She later made a joke apology video in a cemetery, gaslighting concerned voters by reminding them that technically all humans are mortal, then somewhat inexplicably compared valuing human life to belief in the tooth fairy, followed by a suggestion that people to convert to Christianity.

    Ernst was later seen on Twitter saying that instead of “whining” about Medicaid, folks should “get a multivitamin and a job.”

    5. US Government begins building database on all US residents: Trump signed an order making the combining of data across agencies possible in March,; the NYT reported this week that the tech company Palantir’s AI mechanisms are working on the task.

    Palantir is owned by billionaire Peter Thiel, who in 2009 called women’s right to vote “a blow to democracy,” and in 2023 said, “I no longer believe democracy and freedom are compatible.” He was a also major donor to JD Vance.

    A database compiling detailed files on civilians has disturbing implications for all people, especially activists, immigrants, and disabled people already targeted by RFK’s tracking attempts.

    6. Schools for the deaf and disabled under threat as states brace for proposed DoEd cuts. Bracing for a federal budget that eliminates nearly $300 billion in education funding, some states are taking advantage of their expected freedom under the block grant system and cutting special education budgets.

    Internal sources at deaf schools in NJ, Delaware, Indiana and California have warned of staff and budget cuts for the coming year.

    Missouri’s state budget also proposed the closure of 12 schools for disabled children with high support needs.

    Lack of DoED oversight and block grant distribution allows states to take money from special ed with no consequences.

    7. Hickson vs. St David’s Healthcare Partnership poses threat to ADA/504: Michael Hickson, a 46-year-old disabled Black man died in Texas in June 2020 after contracting Covid and being denied ventilator care and other ICU services. At the time, Texas and 24 other states had policies about rationing care that explicitly discriminated against disabled people. This is one of the things Final Rule updates seek to rectify.

    The case is currently before the Fifth Circuit Court of Appeals, a conservative court. If they rule in favor of the hospital, it would set a precedent that guts disabled people’s ability to file medical facility-related discrimination claims under the ADA or Section 504.

    Action Items:

    Share this info! Disability is often lost in mainstream coverage.

    Call your Senator and tell them to vote NO on this dangerous budget. Choose 1 or 2 programs important to you–Medicaid, gender-affirming care, SNAP, IDEA, etc.–and mention them by name.

    Call your state rep. and tell them to include schools for deaf and disabled children in their budgets, especially if you live in CA, DE, NJ, MO, or IN.
    Call your House rep. and tell them to take a stand on government information overreach with Palantir’s project and other “registry” proposals.

    If your state is involved, ask your Attorney General to withdraw from Texas v. Kennedy. If able, donate to organizations like DREDF, ACLU, and NAD who are fighting various legal challenges, and ADAPT who routinely put their bodies on the line in activist work.

    Consider how to move toward creative acts of mutual aid, and protest, including offline materials. Make flyers! Call out misinformation. Warn your neighbors in the presence of ICE. If able march, boycott, donate and/or volunteer with your local food pantry or library.

    Bonus Action:

    The Department of Energy is currently rolling back ADA/504 protections by allowing entities to choose whether or not to provide accommodations based on “efficiency”. As written, it’s unclear what kinds of buildings will be affected, but the vague nature of the rollback is also part of the danger. Check out DREDF’s explainer and templates here.

  • Week 19 Updates

    1. The Dept of Education’s proposed 2026 budget released. The proposed DoEd budget was released this week, confirming a shift from IDEA formula grants (calculated by state need, with specific requirements to be used for special ed.) to block grant format. States would no longer be required to use the money for special ed.

      Proposed program cuts for 2026: Preschool grants, State Personnel Development, Technical Assistance teams, SpEd. Personnel Preparation Program, Parent Information Centers, Educational Technology Media and Materials program, Client Assistant State Grants, several training and Supported Employment state grant programs, the Protection and Advocacy of Individual Rights, Adult Education State grants. These are only the special ed programs cut. Many more have also been defunded.

      Bright spots: Funding for the Special Olympics, as well as the American Printing House for the Blind, NTID, Gallaudet University, Helen Keller National Center for DeafBlind, and Independent Living Services for Older Blind Individuals has been slated at the same rate for 2026. This is good news, and a departure from stated plans in Project 2025, which proposed defunding these programs.

      The budget also proposes slight increases in funding to both the overall special education and Vocational Rehabilitation budgets. However, these increases will not be enough to offset the programs in and outside of special ed. departments that have been defunded.

      The full DoED 2026 budget proposal is available here.
    2. HHS Budget Proposal Released: The proposed HHS budget continues ahead with plans for deep cuts across the department, especially in the NIH, CDC and Administration for Children Families and Communities. HHS department cuts sought total over $32 billion.

      Specific to the disability community, the ACL’s University Centers for Excellence in Developmental Disabilities, Chronic Disease Self-Management Education, Limb Loss and Paralysis Resource Centers, Voting Access for People with Disabilities, and the White House Conference on Aging are all proposed cuts.

      Bright spots: The new proposal walks back some of the proposed Administration for Community Living (ACL) eliminations. These programs remain funded in the current proposal: Councils on Developmental Disabilities, Protection and Advocacy systems, the Long-term care ombudsman program, National Institute on Disability Independent Living and Rehabilitative Research (NIDILRR), Lifespan Respite Care Program, and State Health Insurance Program (SHIP), among others.

      Instead of splitting the ACL’s programs across three different agencies as originally be proposed, the programs will move to the Administration for Children, Families and Communities. (This is good news, but remember deep budget cuts to the ACFC are also proposed)

      The Dept of Health and Human Services proposed 2026 budget is available in full here.
    3. MAHA Commission Report Cites Sources that Don’t exist: Last week, the commission released a report declaring a childhood “chronic disease crisis” in the US, identifying poor diet, chemicals, chronic stress, lack of physical activity, and “overmedicalization” as driving causes. The report also questioned vaccine safety.

      In the days since, it’s become clear that many of the sources cited do not exist.

      In addition to making the Commission’s work untrustworthy due to lack of peer-reviewed evidence, fake sources are hallmark of AI chatbots like ChatGPT, who “hallucinate” sources by putting words and names together that sound true, but aren’t real.
    4. CDC Defies RFK, Keeping covid vaccinations on childhood schedule: Last week, The FDA announced a plan to limit access to COVID boosters, restricting them to people over 65 or with underlying health conditions only. RFK also asked specifically that covid vaccines be left off the childhood vaccine schedule. Considering RFK Jr’s profitable ties to antivax organizations, many see this as the first step in limiting overall access to vaccines.

      This week, the CDC went against RFK’s statement, releasing its vaccine schedule including recommendations for covid vaccination for all children.
    5. Deaf schools under threat as state budgets compensate for DoEd cuts: Bracing for a federal budget that eliminates nearly $300 billion in education funding, some states are taking advantage of their expected freedom under the block grant system and cutting deaf school budgets.

      The New Jersey School for the Deaf (MKSD) saw their residential program completely removed from the governor’s proposed 2026 budget.

      Indiana School for the Deaf and California School for the Deaf–Fremont are also experiencing budgetary issues. Indiana seeks to reallocate money previously for ISD toward general public education, while CSD Fremont struggles to maintain appropriate funding for cost-of-living in a gentrified Silicon Valley area.
    6. NAD Sues White House to return ASL interpreters to press briefings: In keeping with eugenic rhetoric, various GOP influencers have shown particular hostility toward ASL interpreters in recent months, ever since Charlie Kirk and Chris Rufo attacked their existence at emergency briefings for the LA Fires, with Rufo calling them “wild human gesticulators”.

      Upon taking office, the Trump administration quickly removed the WH accessibility page and all ASL content, and fired the WH ASL interpreter, as part of other “anti-DEIA” initiatives.

      The NAD is now suing for the return of an interpreter to WH press briefings. The organization filed and won a similar suit during Trump 1.0, in order to access the emergency covid-related briefings.
    7. Musk out, Project 2025 Writer up: Elon Musk made an exit from the White House this week after a tanking Tesla stock, reports of heavy illegal drug use, and economic models showing that tens of thousands of people, most of them children, have been killed by his pet project–the illegal closure of USAID. Most of the deaths have resulted from malnutrition and lack of oral-rehydration medication for patients with diarrhea, two program areas hit quickest by the loss of funds.

      Russel Vought, a self-proclaimed “Christian Nationalist” and head writer for Project 2025, is poised to take over Musk’s work. It’s likely that he’ll be less flashy, and more effective, than Elon in the position.
    8. Hickson v. St. David’s Healthcare Partnership poses new threat to ADA/504: Michael Hickson, a 46-year-old disabled Black man died in Texas in June 2020 after contracting Covid and being denied ventilator care and other ICU services. At the time, Texas and 24 other states had policies about rationing care that explicitly discriminated against disabled people. This is one of the things Final Rule updates seek to rectify.

      The case is currently before the Fifth Circuit Court of Appeals, a conservative court. If they rule in favor of the hospital, it would set a precedent that guts disabled people’s ability to file medical facility-related discrimination claims under the ADA or Section 504.

      Action items:
      Share this info! Disability is often lost in mainstream coverage.

      Call your Senator and tell them to vote NO on this dangerous budget. Choose 1 or 2 programs important to you–Medicaid, gender-affirming care, SNAP, IDEA, etc.–and mention them by name.

      Call your state representative and tell them to include deaf schools in their budgets. You can text NJ Governor Phil Murphy at 732-605-5455

      If your state is involved, ask your Attorney General to withdraw from Texas v. Kennedy. If able, donate to organizations like DREDF, ACLU, and NAD who are fighting various legal challenges.

      Contact medical providers requesting they do not share yours or your child’s autism diagnosis or records with the government registry. Letter template available here.

      Consider how to move toward creative acts of mutual aid, and protest, including offline materials. Make flyers! Call out misinformation. Warn your neighbors in the presence of ICE. If able march, boycott, donate and/or volunteer with your local food pantry or library.

  • Week 18 Updates

    Week 18 Updates

    1. House passes budget bill containing deep cuts to Medicaid, SNAP, Dept. of Ed. 215 Republican Representatives voted for Trump’s “Big Beautiful Bill,” advancing plans to cut Medicaid/care, SNAP, HUD and education funding in order to up DHS spending and extend tax breaks to the ultra-wealthy.

      Medicaid: adds work requirements, increases “eligibility checks,” and cuts funds.

      SNAP: Raises age so recipients up to 64 must meet work requirements, cuts funds.

      DoED: cuts funds and shifts them to block grant format. Exact appropriations numbers for DoEd and others are not expected to be available until July (per internal sources).

      The bill heads to the Senate, where it needs 51 votes to pass. Some GOP Senators have said they won’t vote for Medicaid cuts, while others seek even deeper cuts. A failed vote will send the bill back to the House.
    2. Budget bans gender-affirming healthcare for people on Medicaid. As part of the budget bill, the House added a provision banning gender-affirming care for those using Medicaid programs. Originally the ban had only been for minors, but has now been extended to all ages.

      The ban also extends to plans sold on the marketplace under the Affordable Care Act (ACA). This is likely to face legal challenges as many states have already prohibited plans from refusing care to trans people.

      Studies estimate that about 1 in 4 trans people rely on Medicaid coverage. Nearly half of trans people also have a disability(1 , 2).
    3. Dept. of Ed updates: On Thursday, a MA judge blocked Trump’s attempt to close DoED, including the executive order to McMahon to facilitate the department’s closure, and the mass firings conducted in March.

      The judge ordered that those employees be reinstated, and underscored that closing DoEd would require an act of Congress. The administration has already filed an appeal.

      This is good news, but the budget bill still contains massive funding cuts, shifting remaining dollars to voucher programs and block grants that have no enforcement mechanisms. States can use funds previously for specific programs like IDEA for whatever they want, leaving students with IEP/504s at the whim of districts. If IEPS are not followed, its unknown who, if anyone, families can turn to for support.
    4. MAHA commission report skews focus, targets vaccines. RFK Jr’s MAHA commission released a report on what it called the childhood “chronic disease crisis” in the US, identifying poor diet, environmental chemicals, chronic stress, lack of physical activity, and “overmedicalization” as driving causes. The report also questions vaccine safety.

      The report does not address socio-economic factors that may contribute to children’s health, like poverty, or firearm or motor vehicle related deaths. Injury-related deaths account for 60% of deaths for children under 18.

      The commission is supposed to present a strategy for addressing childhood disease in August. However critics say budget and personnel cuts at HHS undermine the commission’s ability to meaningfully implement a plan, or even track data.
    5. FDA Seeks to restrict access to covid vaccines: The FDA announced a plan to limit access to COVID boosters, reversing previous policy. If implemented, COVID vaccines would be restricted to people over 65 or with underlying health conditions only.

      The FDA said manufacturers of COVID boosters seeking broader distribution to younger people would need to fund and conduct placebo-controlled trials, a lengthy process that would render each version of the vaccine useless given the rate of mutation.

      Considering RFK Jr’s profitable ties to antivax organizations, many see this as the first step in limiting overall access to vaccines.
    6. Texas vs Kennedy updates: Thanks in large part to disabled organizers, Count 3 of the original filing, (formerly Texas v. Becerra) “Section 504 is Unconstitutional” has been withdrawn. This is great news!

      BUT, the lawsuit continues to attack Final Rule, important updates to 504 guidance re: 21st century technology (telehealth, websites), pandemic-era healthcare (ventilator rationing), and protecting disabled people’s rights to live in community instead of being forced into institutions.

      Kennedy issued a “clarification” weeks ago noting mention of gender dysphoria in the preamble is not an enforceable part of the law, so the transphobic framing against Final Rule is now moot.
    7. Hicks vs St David’s Healthcare Partnership poses threat to ADA/504. Michael Hickson, a 46-year-old disabled Black man died in Texas in June 2020 after contracting Covid and being denied ventilator care and other ICU services. At the time, Texas and 24 other states had policies about rationing care that explicitly discriminated against disabled people. This is one of the things Final Rule updates seek to rectify.

      The case is currently before the Fifth Circuit Court of Appeals, a conservative court. If they rule in favor of the hospital, it would set a precedent that guts disabled people’s ability to file medical facility-related discrimination claims under the ADA or Section 504.

      Action:
      Share this info! Disability is often lost in mainstream coverage.

      Call your Senator and tell them to vote NO on this dangerous budget. Choose 1 or 2 programs important to you–Medicaid, gender-affirming care, SNAP, IDEA, etc.–and mention them by name.

      Leave a public comment with DoED saying no to funding cuts and block grants. They are required to read and log them!

      If your state is involved, ask your Attorney General to withdraw from Texas v. Kennedy. If able, donate to organizations like DREDF, ACLU, and NAD who are fighting various legal battles.

      Contact medical providers requesting they do not share yours or your child’s autism diagnosis or records with the government registry. Letter template available here.

      Consider how to move toward creative acts of mutual aid, and protest, including offline materials. Make flyers! Call out misinformation. Warn your neighbors in the presence of ICE. If able march, boycott, donate and/or volunteer with your local food pantry or library.
  • Week 14 Update

    Week 14 Update

    1. HHS announces plan to build a registry of autistic people. This week, the HHS announced plans to use private health data, from medical records down to wearable smart tech, to create a government registry of autistic people. The announcement sparked privacy concerns and comparisons to the 1939 registry for disabled children as part of T4, a program for the mass murder of 300K+ disabled people across occupied Europe.

      Several state-level autism databases already exist for research and resource purposes, as do other condition-specific registries; however, participation in those is voluntary.
      Limited reporting Friday stated that due to public outcry, the NIH is walking back registry plans and investing in other unspecified research, but nothing official from RFK yet (as of late Friday, 4/25).

      Update: as of 4/26, reports of an emailed statement from an unnamed HHS official are here. The email states that there will be no “registry” and instead researchers will draw from limited data sets.
    2. Actual autism-related research defunded. In last week’s diatribe against autistic people, RFK Jr. had vowed to find the cause of autism by September. NIH later moved back the timeline. However, other grants for longstanding autism research have been cut, including:

      National Science Foundation grants featuring the words “accessibility” and “inclusion,” like one for the Frist Center for Autism and Innovation, which included work by autistic scholars.

      The federal government’s Autism Research Program (ARP) omitted from 2025 appropriations.

      Other NIH grants and programs continue to be delayed and cut as remaining employees parse through unfinished projects after many workers have been laid off.
    3. RFK Jr. expands eugenic hit list, says disabilities are, “bankrupting our nation.” RFK’s quote: “Neurological disorders–ADD, ADHD, speech delay, language delay, tics, Tourette’s syndrome, narcolepsy, ASD ….All these are injuries I never heard of when I was a kid… There was $0 spent in this country treating chronic disease when my uncle was President. Today it’s $1.8 T annually. It’s bankrupting our nation….juvenile diabetes, rheumatoid arthritis, lupus, Crohn’s disease, were just unknown when I was a kid.”

      RFK also said the diagnosis uptick endangers the nation because fewer qualify for military service.

      Most conditions listed were discovered at the turn of the 20th century or before. However, disabled people were often institutionalized or lobotomized, decreasing their visibility, (especially in rich people circles like RFK’s).

      Disabled people “draining society” is a eugenic talking point, and The word “injury” to describe disability and autism is also an antivax dog whistle.

      His press conference was supposed to be about banning synthetic food dyes, which he did not do.
    4. DOGE already has access to sensitive HHS data. While autistic people and allies rightfully sounded the alarm on the invasion of privacy that a national autism registry could bring, DOGE already has access to at least 19 of HHS’s systems, some of which contain sensitive information, and typically require specific specialized training before use.

      Some of the systems are: Centers for Medicaid and Medicare Services (CMS, CALM), CMS’s Integrated Data Repository Cloud (contains patient info), several grant processing and personnel management systems, the Unaccompanied Alien Children portal, and accounting and payment systems across HHS, NIH, and CDC.
    5. Supreme Court to hear case that could gut ADA/504 protections. Next week, SCOTUS will hear arguments related to the case A.J.T. vs. Osseo Area Schools. The case examines whether a disabled person must prove a party acted, “in bad faith or gross misjudgment” to claim their rights were violated.

      The case, about accommodations for a disabled student, was originally narrow in scope and focused in K-12 ed, but the most recent brief makes clear the intent will be to apply the interpretation to the ADA and Rehabilitation Act more broadly.

      Having to prove malicious intent in order to access basic accommodations will further gut the ADA/504 in an already hostile DOJ oversight. Does this building not have a ramp? Well, as long as they aren’t doing it to be mean! *shrug*…..
    6. Executive Order, “Reinstating Common Sense Discipline in Schools” From the order: “The Federal Government will no longer tolerate known risks to children’s safety and well-being in the classroom that result from the application of school discipline based on discriminatory and unlawful ‘equity’ ideology.”

      The White House seeks to roll back trauma-informed and anti-racist educational practices currently in place to address disparities in the biased application of disciplinary policy (e.g. children of color getting punished more frequently and harshly for the same behavior as white children.)

      The removal of equitable discipline practices will be dangerous for children of color, disabled children, and especially those at the intersection of those identities.
    7. Deaf and Disability Studies programs shutter while Gallaudet begins layoffs.
      Across the country, deaf education TOD programs, and deaf/ disability cultural programs are being shut down. The deaf ed programs have likely lost funding due to cuts at the Dept of Ed’s Office of Special Education, while cultural “area” studies have been targeted by a variety of Trump’s anti-DEIA orders.

      Deaf Education programs cut: University of Minnesota–Duluth, Utah State University. Deaf ed at Columbia University Teacher’s College has also been defunded through the Trump takeover there.

      Deaf Studies: University of Maryland–College Park, University of Montevallo, University of Nebraska, Ithaca College.

      Disability Studies: University of Toledo

      ASL Interpreting Programs: Columbia College–Chicago, University of Texas–Houston

      Gallaudet also announced layoffs on the executive team and comms office, while others took pay cuts. Gallaudet Pres. Cordano continues to downplay growing concerns about the future of the university without its DoED liaison.
    8. Texas v. Becerra lawsuit continues. Despite recent “clarifications” from HHS about the how mention of gender dysphoria in Final Rule’s preamble is not legally binding, involved parties have not revoked their original filing, which explicitly asks for 504 to be declared unconstitutional (p 37-42).
    9. 504 protects disabled people’s rights in all spaces that receive federal funding, and would have major implications in conjunction with rescinding of ADA guidance, the uncertain future of DoEd, and a separate suit going before SCOTUS next week.
    10. A stay has been issued, and parties are now required to update every other month, with the next due June 21st.
    11. The FBI arrests a sitting judge, Attorney General Bondi threatens more. The FBI arrested WI judge Hannah Dugan on charges of obstruction. They say Dugan allowed an immigrant to use a side door typically only for the jury, in order to avoid detainment by ICE.

      US Attorney General Pam Bondi promised that Dugan’s arrest is just the beginning. “We are sending a very strong message today: If you are harboring a fugitive, we don’t care who you are, if you are helping hide one, if you are giving a TdA member guns, anyone who is illegally in this country, we will come after you and we will prosecute you. We will find you.”

      The judge was not giving anyone a gun. The immigrant in question had been at the courthouse due to a misdemeanor.

      The arrest is a marked turn in the disintegration of Constitutional rule, ushering in an era of ideological-based arrests.
    12. Do not comply in advance (good news). Judges issued a series of blows to Trump’s anti-DEIA agenda within the K-12 sector, with two judges blocking, and one postponing the implementation of various anti-equity policies within public school settings, calling them too vague, and unconstitutional.

      The number of school districts and states standing up to the administration on this issue continues to grow, and under forceful pushback, the administration typically folds (see: Harvard). The federal government has never had control over individual states’ or districts’ curriculum choices.
    13. Action: Share this info. Disability is often lost in mainstream coverage.

      Call your Representative and continue to make noise about the HHS’s eugenic rhetoric and practices.

      Call your Senator and tell them to take meaningful action against illegal deportations and ideological-based arrests.

      Contact your school board and state’s education officials, and tell them not to comply with baseless anti-DEI directives. Tell your universities you value deaf and disability studies programs!

      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 to move toward creative acts of mutual aid, and protest, including offline materials. Make flyers! Call out misinformation. Warn your neighbors in the presence of ICE. If able, donate or volunteer with your local food pantry or library.

  • Week 13 Updates

    Week 13 Updates

    1. White House asks Congress to Eliminate Head Start Funding. The current budget draft eliminates funding for Head Start, which provides early education, meals, and health screenings for pre-k kids. The elimination of Head Start was a stated goal of Project 2025.

      Head Start outcomes are extremely successful, showing benefits for children in early literacy, social-emotional skills, health and dental improvements, early intervention for disabilities, and a >90% decrease in the need for family separation and foster care.

      Many preschools–which include both public and private programs–who receive the funding were already struggling due to earlier federal freezes and staffing cuts.
    2. US Citizen arrested on ICE hold, while White House flouts SCOTUS rulings and wants expansion of camps for “homegrowns.” Trump met with the President of El Salvador, and the two congratulated themselves on the imprisonment of asylum seekers and legal US residents. Trump remarked that US citizen “homegrown” prisoners would be next.

      Despite various judicial rulings, including a unanimous SCOTUS ruling that the administration should facilitate the return of Kilmar Abrego-Garcia, the White House has continued to organize more deportations and posted on X that Garcia will “never return.”

      A US-born man was also imprisoned yesterday in Florida due to an ICE hold, even though he presented an authentic US birth certificate. He has since been released.

      If the Executive branch does not accept the rulings of the judicial branch, rule of law ceases to exist in the US, paving the way for any and all “undesirables” to be sent to illegal detainment camps.
    3. RFK spouts misinformation and hatred about autistic people. Autistic and disabled organizers, alongside parents and teachers of autistic children were alarmed at RFK Jr’s hateful comments on autism and his department’s plan to find the “environmental causes” of autism by September. His quote: “Autism destroys families, and more importantly, it destroys our greatest resource, which is our children. These are children who should not be suffering like this, These are kids who will never pay taxes, they’ll never hold a job, they’ll never play baseball, they’ll never write a poem, they’ll never go out on a date. Many of them will never use a toilet unassisted…. We have to recognize we are doing this to our children, and we need to put an end to it.”
    4. (RFK Cont’d) Current studies show that nearly 80% of autism can be attributed to genetic factors. Recent increases in diagnosis and visibility are due to the reclassification of autism as a spectrum disorder, better screening, diagnostic, and support tools, and in-community living over institutionalization.

      RFK’s remarks rang false for many autistic people and their families who live full and meaningful lives (including autistic adults who pay taxes).

      Even in the case of high support needs individuals, no human’s value should be calculated by their monetary input into society. This is a direct regurgitation of eugenic rhetoric used throughout history to forcibly sterilize and murder disabled people, notably the Germans’ labeling of “useless eaters” as “drain” on society in the lead-up to murdering 300,000+ disabled people.
    5. HHS fallout reveals loss of Advisory Committee on Heritable Diseases in Newborns and Children (ACHDNC). The latest HHS cuts include ACHDNC, which helped identify which genetic screenings should be available for newborns and children, and standardize the process across all states.

      Without federal guidance and funding, states may or may not provide screenings, meaning that there will be delays and missed opportunities for early intervention in children with those conditions. Many of the conditions are rare, so families might not even know what to look for or ask their doctors about.

      The move is at odds with RFK’s professed desire to ameliorate “children’s suffering” in his remarks on autism.
    6. More HHS fallout. In addition to departments and programs noted in previous weeks, others continue to be endangered by the vast staffing cuts enacted across the department.

      The FDA announced yesterday their plan to remove their food safety inspection programs due staffing constraints. The risk of foodborne illness hurts everyone, but can be deadly for children, the elderly, the chronically ill, immunocompromised, and pregnant people. Certain foodborne illness, like listeria, also cause stillbirth.

      Due to the $11 billion in CDC funding cuts, many long-COVID education and research projects at the state-level have been forced to make drastic cuts or close completely. Researchers believe approximately 6 in 100 people develop a post-covid medical condition.
    7. HHS issues “clarification” regarding gender dysphoria in Section 504’s Final Rule. RFK Jr. issued a clarification this week, noting that the mention of gender dysphoria in the preamble of Final Rule is not actually an enforceable part of Section 504, as opponents of the suit have pointed out since the initial filing of Texas v. Becerra.

      However, precedent has been established for gender dysphoria being a protected condition under the ADA via other recent court decisions like Williams v. Kincaid.

      It’s unclear what this statement regarding Final Rule will mean for Texas v. Becerra, which remains ongoing.
    8. Texas v. Becerra lawsuit continues. Attorneys General continue to use transphobic rhetoric to attack Final Rule and Section 504, despite recent statements from HHS.

      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 in conjunction with rescinding of ADA guidance, and the uncertain future of DoEd. The next update is due in the coming days.
    9. Local: Utah’s SB199 violates the ADA, due process. Late last month the Governor of Utah signed SB199, setting up a separate guardianship process for adults with “severe” disabilities.

      Guardianship protocol already exists in UT, but the new set-up allows people to circumvent due process if a doctor declares a person’s disability “severe.”

      Some disabled people benefit from guardianship arrangements, but all people have a right to due process, and the categorization of “severe” is vague.

      The ACLU is currently attempting to block the bill as a violation of one’s right to due process and the ADA.
    10. Do not comply in advance (good news). Due to pending legal action over McMahon’s DoEd issued directive to withhold funding from schools pending receipt of their anti-DEI loyalty pledge, a judge ordered that schools do not need to sign any certifications until at least April 24, after the legality of the pledge is assessed. Previously, the directive required school leadership to sign within 10 days.

      So far VT, MA, CT, NY DE, PA, MI, WI, IL, MN, CO, UT, OR, WA, CA, officials have declined to sign, while other states have declared their intent to sign or are still in review. See the full map here.

  • Breaking: Department of Justice Begins Rollback of ADA

    Breaking: Department of Justice Begins Rollback of ADA

    Yesterday the Department of Justice began removing guidance related to the Americans with Disabilities Act (ADA), the law that protects disabled people’s rights to access and accommodations in public.

    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.

    So far, 11 guidance documents have been removed, with protections ranging from self-service gas stations, customer communication, hotel accessibility, general public-facing businesses, and several pandemic-era additions. (Links are to archived content; pages have since been removed.)

    This is an ongoing story.