Disability Rights Watch

Tag: Section 504

  • 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.

  • Week 12 Update

    Week 12 Update

    1. House passes budget framework, paving the way for deep social cuts. The House passed the budget framework that paves the way for Trump’s desired budget, including trillions in tax cuts for rich people, increased defense spending, increased spending autonomy for the President, weakening social security, and an estimated $880 billion in cuts to Medicaid.
      The House and Senate must now work to turn their resolutions into actual legislative text, which will reveal the minute breakdown of their spending plan and cuts. This is typically a months-long process.
    2. Markets roil as Trump plays with global tariffs, threatens more. Trump issued tariffs on multiple countries in a questionably legal process this week, promptly tanking the global market. He paused some of the tariffs for 90 days due to instability, but kept a tax at over 100% on goods from China, who also levied their own tariffs. (Update: as of noon on 4/12, Trump also paused tariffs on electronics like smartphones and computers.)

      Tariff costs are passed down to the buyer, meaning further hikes in a market where food and basics prices are already soaring. This will be a hardship for all Americans, but especially those already struggling with food insecurity, and/or those on a fixed income.

      Trump also announced tariffs on pharmaceutical imports to be implemented “shortly,” with no details yet on which medications will be affected. Medical device and equipment prices are already expected to rise due to current tariffs.
    3. HHS fallout reveals more disability-centric programs lost. Massive cuts at the CDC’s National Center on Birth Defects and Developmental Disabilities last week left advocates reeling. Now the cuts are coming clear:

      EHDI programming for universal newborn hearing screenings has been eliminated. States have received some funding in 2025, but may not receive the rest.

      The CDC partnership with the Special Olympics has also been eliminated. Trump and DeVos first tried to defund the program in 2017. (4/12, clarifying note: The Special Olympics funding and oversight primarily came from OSERS in the Dept of Ed, but those employees were also laid off in earlier an earlier RIF).

      A department dedicated to sickle cell research is gone.

      The team for national data collection on adults with cognitive disabilities is gone, just before a key report about the rise in cognitive disability in young people was to be released. Some say it’s being blocked so RFK can bury evidence contradicting his own team’s theories about “autism’s origins,” which he’s promised to “reveal” by September.
    4. White House Press Secretary says the administration is seeking a “legal” pathway for deporting US citizens. White House press secretary Leavitt mentioned this week that the administration was looking into whether there is a legal pathway to deport US citizens. (There’s not!)

      Leavitt said the move would only be exercised on “criminals” who commit “heinous” crimes. However, that the DOJ has already been stripping students of their visas for protests and other thought crimes, and 75% of the immigrants who were illegally deported to El Salvador have no criminal record suggest they will continue to use their power for show against anyone they want.

      Legal scholars and historians fear the move will be used to strip the citizenship and/or detain anyone “undesirable,” a frightening a echo from 1930s Germany’s stripping of citizenship from Jewish people and others, the 1940s US internment of Japanese people, and other war crimes.
    5. House passes “Safeguard American Voter Eligibility Act” (SAVE Act). The proposed law, which will require people to present proof of citizenship in-person in order to register to vote, passed the House this week, including votes from for Democratic representatives.

      One major concern is that women who changed their name due to marriage won’t be able to use their birth certificates for proof of citizenship, since their surnames no longer match. An amendment was suggested to remedy this, but it was denied.

      People with any name different than what’s issued on their birth certificate will need a passport to register, and everyone will need to present this proof in-person. 50% of Americans have no passport.

      SAVE would place undue hardship and expense, and restrict the right to vote of the elderly, disabled, women and trans folks, those living rurally and more.

      The bill is likely to be voted down in the Senate, but it is still worth calling about.
    6. DOGE accesses Social Security database, falsely begins declaring some recipients “dead” to stop payments. DOGE has shown their inability to understand basic information stored within the SSA’s database over the past months, in part because it is written in an archaic coding language. Previously DOGE said they would rewrite the code, but that is a long-term project.

      In the interim, DOGE has declared some people dead as a way of removing them from the payment system. This has largely attacked immigrants, but some US citizens were also placed into the “death master file.”

      Beyond stopping social security payments, falsely declaring someone dead will have massive implications on their ability to move through the world, may cut access to their credit cards and more. SSA employees who tried to stop DOGE were ejected from the building.
    7. Texas v. Becerra 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 in conjunction with rescinding of ADA guidance, and the uncertain future of DoEd. The next update is due in the coming days.
    8. 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 NY, MA, PA, MI, WI, IL, MN, CO, OR, and WA officials have declined to sign, while other states have declared their intent to sign or are still in review. (full map of states’ declared intent)

      Action:
      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, SSA and HHS regarding illegal layoffs.

      Call your Senator and tell them to vote NO on SAVE and any budget cuts to Medicaid.

      Contact your school board and state’s education officials, and tell them not to comply with McMahon’s baseless anti-DEI directive.

      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, local protest and growing awareness, including offline materials. Make flyers! Warn your neighbors in the presence of ICE. If able, donate or volunteer with your local food pantry or library.

  • Action Item: Protect Deaf and Special Education!

    Action Item: Protect Deaf and Special Education!

    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!

    Two options:

    1. Write to your Representative in the House. Find your Representative here.
    2. 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:

    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. 

    Sincerely, 

    [Your name]

    [Your Contact information] 

  • Week 8 Update

    Week 8 Update

    1. 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.
    2. 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.
    3. 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.
    4. 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.

      At least 50% of the US’s unhoused population is disabled.
    5. 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.
    6. Senate passes a Continuing Resolution for the GOP’s budget bill. Republicans, with the help of 10 Democrats, voted to pass a continuing resolution that avoids a government shutdown until September.

      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.
    7. Texas vs. 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.
    8. 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.


  • Week 5 Update

    Week 5 Update

    1. Linda McMahon’s DoED Nomination Advances
      • The HELP Committee voted along party lines, advancing Linda McMahon to the full Senate for her confirmation as Secretary of DoED.
      • Trump has promised major cuts to the department via Executive Order once McMahon is in place.
      • 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. Read our full explainer on DoED here.
    2. Funding Cuts for DoED Now at $502 Million and Counting
    3. Mass Layoffs Hit Disabled Veterans Hard
    4. Texas vs. Beccera Lawsuit on Hold; AGs Refuse to Come Clean about Scope of the Complaint
      • On Wednesday, involved parties wrote to the judge asking for more time to evaluate their case, and claiming they did not seek to declare Section 504 unconstitutional.
      • The letter still takes aim at 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. See all our Texas v. Beccera resources here.
    5. House Budget Takes Aim at Medicaid, SNAP
      • The House presented a budget bill that would require $880 billion in cuts from the Energy and Commerce Committee, who oversees Medicaid. Medicaid provides healthcare for 70 million disabled and low-income Americans,
      • On Wednesday, Trump endorsed the bill, after previously saying he wouldn’t touch the program.
      • SNAP, the program that provides financial assistance specifically for buying food, is also under threat.
    6. Executive Order “Ensuring Accountability for All Agencies”
      • Consolidates power under the President by taking it away from independent agencies. Says the President has the final say, including budgetary, over all parts of the Executive branch.
      • From a disability perspective, the future of the Federal Communications Commission is of concern. The FCC currently oversees and disburses funds for things like closed captions, captioned phone calls and text and video relay.
      • This move is a key tenet of Project 2025. Expanding the powers of the President and weakening checks and balances is dangerous for the health of any democracy.
    7. Threats to Special Education at the State Level
      • Indiana HB 1136 appoints state governing boards over local community boards, and targets schools for charter conversion, which could harm disabled students’ services and weaken IEP oversight.
      • Alabama State HB197 seeks to “investigate” and fine parents who file complaints under IDEA’s due process procedures, and makes it harder to recover legal fees if a family wins their case.
      • See our friends at Fighting for My Voice for a state-level education policy tracker
    8. Some Good News
      • After feedback from advocates, Indiana’s SB473 was revised to include ASL and all language options for deaf children’s early intervention programming. Previously the bill protected spoken language only.
      • Connecticut’s State Legislature is expected to approve $40 million in additional funds for special education in a vote next week

    Take Action

    • Share this info. Disability is often lost in mainstream coverage.
    • Call your Senator and ask them to vote NO on the McMahon nomination and protect DoED.
    • If your state is involved, contact your Attorney General and ask them to drop out of Texas v. Beccera. Tell them you stand in solidarity with all disabled people, as well as trans folks. If your state isn’t involved, you can still call and ask them to protect Section 504.
    • Write/call your Congresspeople and tell them to fight for Medicaid, Medicare, SNAP, and Social Security. Entitlements are taxpayer money!
    • Keep an eye on your state legislatures and make sure they are not complying in advance!

    #ProtectADA for community sharing, news, letter templates and more