The Latest on Protecting the Rights of Students with Disabilities
The U.S. Department of Education plays a critical role in ensuring students with disabilities receive the support and services they need in schools to be successful. Now, that role is under threat. Recently, we shared with our chapters a short video update on what is going on with the Department. Now, The Arc has stepped up by filing a declaration in support of a major lawsuit challenging the federal government’s plans to dismantle the Department. This fight is about protecting the rights of children with disabilities to receive an appropriate education.
A New Lawsuit
In March 2025, half of the staff of the US Department of Education were fired. Many of these staff had roles that helped students with disabilities. A coalition of educators, school districts, and unions has filed a lawsuit to stop the mass layoffs and dismantling of the U.S. Department of Education. The lawsuit argues that these actions violate the Constitution and federal law and must be stopped.
The Arc Supports the Goal of the Lawsuit
The Arc has filed a “declaration,” which is a signed document, similar to testimony, that provides factual information to the court about the crucial work that the Department does to support students with disabilities, and the harms that will come to students with disabilities and their families as a result of changes at the Department. A declaration is a legal tool that allows The Arc to tell the court about how the changes at the U.S. Department of Education will harm students with disabilities, their families, and disability rights enforcement. By filing a declaration, we can bring the expertise of our advocates, families, and chapters into the courtroom while continuing our broader advocacy work.
What’s at Stake for Students with Disabilities?
The Arc’s position statement on education states: “All children and youth with IDD must receive a free appropriate public education that includes fair evaluation, ambitious goals, challenging objectives, the right to progress, individualized supports and services, high quality instruction, and access to the general education curriculum in age-appropriate inclusive settings.”
Weakening the role of the U.S. Department of Education will make it harder for children with disabilities to get the education they need.
Staff who were fired include those who worked at the U.S. Department of Education, through the Office of Special Education and Rehabilitative Services (OSERS) and the Office for Civil Rights (OCR). These staff work to ensure that students with disabilities receive:
- Special education programs and services funded by the Individuals with Disabilities Education Act (IDEA)
- Vocational rehabilitation and independent living services • Federal civil rights protections under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA)
- Technical assistance, oversight, and enforcement to ensure states and schools follow the law
Without these protections, students with disabilities risk losing critical support. The proposed layoffs and restructuring could delay IDEA funding, reduce enforcement of disability rights, and limit access to technical assistance that schools and families rely on.
Chapter Impact: AdvocacyDenver’s Story
AdvocacyDenver, a local chapter of The Arc, provides educational advocacy to more than 400 clients and technical assistance to 1,000+ families of students with disabilities. These families rely on IDEA funds and federal guidance to help their children with disabilities access an education. If the Department’s ability to do its crucial work is weakened, families could face even greater barriers, with fewer resources to challenge discrimination or secure needed services.
Take Action
The fight for education rights isn’t just happening in the courts—you can take action now by contacting your Members of Congress.