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"What Fresh Hell Is This?" Threats to Disability Rights
- Jenna Mancini Rufo
- Feb 17
- 8 min read
Updated: Feb 21
"What fresh hell is this?" Dorothy Parker’s famous quip feels eerily fitting as we confront a never-ending deluge of proposals, lawsuits, and political statements posing significant threats to the rights of individuals with disabilities. We cannot, however, allow the constant chaos to distract us from what's important.
This post includes a summary of the current hot topics, why the disability community is concerned, and what you can do about it.
Please note - this information is current as of February 21, 2025. Be sure to stay up to date on the latest developments as they unfold. While many of these issues are significant to groups outside the disability community as well, this post focuses specifically on the potential impact for people with disabilities.
Hot Topic: Section 504 of the Vocational Rehabilitation Act At Risk
UPDATE 2/21/205
On February 20, 2025, plaintiff states in the Texas v. Becerra lawsuit, issued a joint status report that read, "Plaintiffs clarify that they have never moved — and do not plan to move — the Court to declare or enjoin Section 504 of the Rehabilitation Act ... as unconstitutional on its face."
Except they did. See page 42 of the complaint - “Demand for Relief” - items (d) and (e).
After public outcry on the proposal to eliminate Section 504 of the Vocational Rehabilitation Act, a law that prohibits discrimination on the basis of disability, the joint status report was issued. The case is currently stayed while plaintiffs “continue to evaluate their position.”
Remain vigilant and continue to advocate for disability rights. Make no mistake, this reversal was due to public advocacy and activism.
As of 2/17/2025:
What's Happening?
Section 504 requires schools and programs accepting federal funds to provide appropriate educational services to students with disabilities. The definition of disability is broad under Section 504, and it includes students with health needs such as asthma, ADHD, allergies, and other common medical issues. Section 504 is an anti- discrimination law which prohibits discrimination on the basis of disability.
In May 2024, the federal government under the Biden administration stated that gender dysphoria “may be considered a physical or mental impairment,” and thus protected under Section 504. In September 2024, Texas Attorney General Ken Paxton sued, arguing that federal law explicitly excludes gender dysphoria as a disability (citing language in the Americans with Disabilities Act among other court cases), and that the inclusion of gender dysphoria as protected under Section 504 is over-reach. Full text of the complaint, Texas v. Becerra, is linked here. Sixteen additional states joined the lawsuit - Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia.
Why People Are Concerned
While the vast majority of the lawsuit centers around gender dysphoria, there are key points which raise broader concerns as it relates to the protection of services for all individuals with disabilities. The lawsuit asks the court not only to dismantle the updated rules related to gender dysphoria, but demands the court get rid of Section 504 entirely.
The relief sought in the lawsuit includes:
“a. Issue permanent injunctive relief against Defendants enjoining them from enforcing the Final Rule;
b. Declare that the Final Rule violates the Administrative Procedure Act;
c. Hold unlawful and set aside (i.e., vacate) the Final Rule;
d. Declare Section 504, 29 U.S.C. § 794, unconstitutional;
e. Issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504.”
While lawmakers in several plaintiff states have told constituents that the rights of individuals with disabilities are not at risk, the demand for relief as filed in court offers no such assurances. If the relief sought in this lawsuit is granted, Section 504 will cease to exist.
What You Can Do
The potential elimination of Section 504 is a serious threat to the rights of people with disabilities. The Disability Rights Education and Defense Fund (DREDF) has compiled a page with useful information on what you can do, including contacting your state’s attorney general. Visit www.dredf.org/protect-504/ for direct links, wording you can use in your outreach, and more information on protecting Section 504.
Hot Topic: Threats to Medicaid
What's Happening?
While Medicaid is traditionally thought of as a program for the elderly, the program currently covers over 10 million non-elderly people with disabilities (The Arc, 2025). Medicaid provides both primary and secondary insurances for individuals with disabilities. It helps individuals and families of children with disabilities afford costly medical care and medication, manage chronic conditions, and receive timely treatment. Additionally, Medicaid funds 2 in 5 of all U.S. births, 2 in 5 children, 1 in 6 non-elderly adults, and 2 in 5 non-elderly adults with a disability, although exact ratios vary from state to state (Orris & Lukens, 2024).
Medicaid is funded by both states and the federal government. Each state’s traditional Medicaid population receives at least a 50% match rate by the federal government. States with lower per capita income receive additional funds, with the maximum match rate of 77%. Under the Affordable Care Act (ACA), states have the option to expand Medicaid programs to cover adults with low income. States opting to expand receive a federal match rate of 90%. 40 states and the District of Columbia have expanded coverage. The states that have not expanded are Alabama, Florida, Georgia, Kansas, Mississippi, South Carolina, Tennessee, Texas, Wisconsin and Wyoming.
According to a proposal circulating in Congress, lawmakers are consider reducing the federal match for the ACA expansion population to the percentages states receive for the traditional Medicaid population - 50% for the wealthiest states and 77% for the poorest. (Chatlani, 2025)
Why People Are Concerned
According to independent health policy research group KFF, two scenarios are likely to occur if the circulating proposal passes.
First, states could use their own funds to compensate for lost federal dollars. This would likely involve reducing coverage for some groups, eliminating optional benefits, or reducing provider payments. It could also result in tax increases or cuts to other large budget items funded by the state, such as education.
Another potential scenario involves the reversal of coverage for expanded groups under the ACA. Nine states have “trigger” laws in place, which would automatically reverse coverage for expanded groups. Those states are Arizona, Arkansas, Illinois, Indiana, Montana, New Hampshire, North Carolina, Utah and Virginia. If every state and D.C. reverse their expanded coverage under ACA, 20 million people are predicted to lose coverage.
In addition to loss of coverage for expanded groups, reductions to Medicaid could also jeopardize the ability of people with disabilities and their families, due to the overall cuts that would likely be made to the program. The ten states that had previously opted not to expand Medicaid coverage would be least impacted.
What You Can Do
If you are concerned about the threats to Medicaid, several organizations have developed resources for advocacy.
The Arc, a national organization dedicated to improving the lives of individuals with disabilities, has developed a page where you can contact your legislators with one click. Visit this link to send an email. You are encouraged to call as well.
The Service Employees International Union (SEIU) represents workers in healthcare, public sector, and property services. They have established a call-in line to share your concerns with potential Medicaid cuts with lawmakers: 866-426-2631.
If you are interested in learning more about Medicaid, its funding, and potential cuts, visit: www.kff.org/medicaid.
Hot Topic: Potential Closure or Significant Weakening of U.S. Department of Education
What's Happening?
The U.S. Department of Education was established in 1979. Major functions of the U.S. Department of Education include:
Administering $14.2 billion to states and districts to support the education of more than 7.5 million students with disabilities under the Individuals with Disabilities Education Act (IDEA);
Enforcing civil rights laws to protect students with disabilities and other vulnerable student populations;
Administering $18.1 billion to states under the Title I program to offset state and local funding disparities in low income districts;
Operating the federal student loan program which administers $1.6 trillion in funds to 42.7 million borrowers;
Funding the Institute of Education Sciences (IES) that conducts research on evidence-based practices in education. ** On February 10th, the Department of Government Efficiency (DOGE) stated it had made nearly $900 million in cuts to this institute.
President Trump has expressed his belief that the U.S. Department of Education should be abolished. Closing the Department of Education would require an act of congress. Kentucky Representative Thomas Massie (R, KY District 4) recently reintroduced a one-sentence bill, H.R. 899, which reads, "The Department of Education shall terminate on December 31, 2026.” A statement from Massie's office rationalizes the bill with several arguments, including one that indicates, "States and local communities are best positioned to shape curricula that meet the needs of their students." It is noteworthy that states and local communities are already responsible for curriculum decisions. Decisions about local curriculum, staffing, and academic standards are the responsibilities of state and local governments. These decisions are not made by the U.S. Department of Education.
Why People Are Concerned
Students with disabilities are likely to be disproportionately negatively impacted by the closure or significant weakening of the Department of Education. Before IDEA and the Department of Education existed, students with disabilities were routinely excluded from school and institutionalized.
While the Individuals with Disabilities Act (IDEA) and Section 504 Act (which is currently under attack) protect the rights of students with disabilities, the Department of Education plays a major role in enforcing civil rights provisions associated with the laws. This includes protecting the rights of students with disabilities to a Free and Appropriate Public Education (FAPE). Many believe that the Department of Education’s Office of Civil Rights, which handles complaints of discrimination in schools, will be moved to the Department of Justice. This is a concern due to the multitude of other responsibilities held by the Department of Justice, potential cuts to that department, and recent actions by the department that appear influenced by partisan politics.
There is further concern about cuts to the IES. Several recently cut programs included research on effective supports for students with disabilities, long-term studies that track student achievement over time, and research on teaching reading. One example of a cut directly impacting students with disabilities was made Monday, February 10, 2025. The Spotsylvania County School District in Virginia was abruptly informed that a federally funded research project that benefited 91 students with disabilities and paid the salaries of five teachers was terminated "for convenience" by the U.S. Department of Education. The program, "Charting My Path For Future Success," was aimed at supporting youth with disabilities in achieving their post-high school goals.
What You Can Do
If you are opposed to the significant weakening or closing of the Department of Education, contact your legislators. You can find their contact information by clicking here.
The Council for Exceptional Children has developed a webpage where you can encourage officials to keep the Individuals with Disabilities Education Act within the U.S. Department of Education. Click here for the webpage.
Alternatively, the National Down Syndrome Congress has developed a webpage where you can contact your legislators with a pre-written message which is linked here.
Other Bills of Concern
HB 699 - New Hampshire
As of February 17, 2025, New Hampshire's House Bill 699 (HB 699) remains under consideration within the House Education Policy and Administration Committee. The bill, introduced by Representative Kaitlyn Kuttab (R-Windham), proposes eliminating state-specific definitions for "related services"—such as speech and occupational therapy—and establishing a new definition for "special education environment." A public hearing was held on February 3, 2025, followed by an executive session on February 12, 2025. The committee is expected to issue its recommendation by March 20, 2025.
Special education advocates have expressed significant concerns regarding HB 699. Over 3,000 individuals, including parents, students, and disability rights supporters, have registered their opposition. Critics argue that removing state-specific definitions could lead to uncertainty and inconsistency in the provision of essential services, potentially resulting in more restrictive and segregated educational settings for students with disabilities
SB 1017 - Oklahoma
Oklahoma state Sen. Dusty Deevers (R-Comanche) introduced Senate Bill 1017, which aimed to restrict the use of Medicaid (SoonerCare) funding for certain IEP services, including speech and physical therapy, unless deemed "educationally necessary." The bill would have shifted responsibility for these services to parents, requiring them to arrange care outside of school hours. After widespread backlash from parents, educators, and healthcare providers, Deevers announced he would pull the bill, stating that its wording did not accurately reflect his intent. However, legislative complexities leave room for potential revival of the bill in some form.
The rights and protections of people with disabilities have been hard-fought and not easily won. While progress has been made, significant work remains. Do not remain silent about things that matter.
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