Unclear Path Forward

With the effective closure of the Department of Education, services designed to support students with disabilities are being moved under the purview of the Department of Health and Human Services (HHS). This has caused much concern within the disability rights community. HHS representatives met with disability rights advocates to attempt to address their concerns, but it does not seem as though it went well.

According to one advocate:

“Today’s briefing left more questions than answers for parents and educators,” says Chad Rummel, who leads the Council for Exceptional Children, and was one of many disability advocates who attended the call. “Today we heard that there is no clear and transparent plan around the move to HHS.”

And another:

While department officials have been pitching this move as a way to streamline federal bureaucracy in education, advocates think it is doing the opposite. “This proposal appears to add another layer of bureaucracy while creating additional confusion and uncertainty for families, educators, and state agencies,” says Denise Marshall, CEO of the Council of Parent Attorneys and Advocates (COPAA).

There is concern that this move will make it more difficult for people with disabilities, their advocates, and their families to receive the in-home and in-school support that they need. Part of the function of the Department of Education was to support these communities through passing regulations on items such as class sizes and appropriate supports.

People within the disability community and their advocates are rightfully nervous about the effect of support services for people with disabilities being overseen by RFK Jr, a man who at best does not seem to be empathetic with their needs . RFK Jr. is known for insulting people with disabilities and their needs. This move has caused so much concern that even some Republicans have called for special education to remain within the Department of Education. However, it should be noted, that Republican Bill Cassidy was the deciding vote into allowing RFK Jr. to have oversight of HHS in the first place.

The fear among the disability community is that these changes will result in people with disabilities, particularly those with autism, to be forcibly institutionalized. This is how disabled Americans had been “cared” for in the majority of this nation’s history. Countless people fought for the rights and protections that are currently enjoyed by disabled Americans today. And while these protections do not go far enough in the ensuring the rights of people with disabilities, the progress that this country has made in that area is worthy of celebration.

However, this move, along with other moves made by the Trump administration, put this progress at risk.

“The risk is re-institutionalization,” said Jenny Stonemeier, CEO of REACH – a North Texas nonprofit that operates several independent living centers throughout the region. “It’s segregation of people with disabilities.”