Congress must protect students with disabilities: Reject Proposals to Close ED, Decimate OCR, and Silo IDEA at HHS

I am a parent/advocate of a child with a disability. I am writing to share my urgent concern about the current potential federal policy threats to the 9.5 million children with disabilities eligible under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. This includes thousands of children with disabilities in each congressional district and millions in our state.  

As my elected official, I urge you to reject ANY bill or policy that proposes to close the U.S. Department of Education (ED) and that threatens the educational rights and opportunities of children with disabilities. Specifically, you must oppose proposals that: 

• Call for a plan to dismantle the Department whose Secretary has the fixed responsibility under the IDEA to provide oversight, technical assistance and more so that states can fulfill their obligation to provide a free, appropriate public education to every student with a disability;

• Jeopardizes opportunity for students when the current education-to-career and employment focus is replaced with a medical model where students will be viewed as medical problems to be solved or set aside -when needs are complex- not as individuals with rights and educational needs;

• Allow for the decimation of the Office for Civil Rights at ED which will compromise a child’s access to civil rights protections including from bullying, harassment, segregation from peers, seclusion and restraint. specially designed instruction and/or supports and services under IDEA, and access to auxiliary aids/services and support under 504;
• Halt activities at ED that would compromise oversight, technical assistance and other activities essential to ensuring state and district compliance with IDEA and 504;
• Deny parents or students their right to file a claim of discrimination under 504, or due process under either 504 or IDEA.

Indeed, the proposal to eliminate ED places students with disabilities directly in harm’s way by eliminating critical civil rights protections and narrowing access to an education ecosystem that includes a path to graduation, career training and/or college, employment, economic opportunity, and independent living. None of these are the focus or priorities of a health agency.

The role you play in Congress is essential to ensuring that all children with disabilities (from infancy into adulthood) can access -through state and district-run programs- the early intervention and K-12 programs they need to support successful transition throughout school into career/technical and post-secondary education, employment, and independent living. States and districts rely upon key federal funding and federal technical assistance so they can meet their obligations under IDEA and 504. These are also integral to ensuring that schools are a welcoming place for all students and their families -where every child can learn, grow, and thrive in pursuit of their full potential. 

Please use your legislative authority to protect students with disabilities and say NO to any legislative proposal or executive action that would threaten any child’s access to a free, appropriate public education as required under the IDEA or protection from discrimination under 504.

If I can provide additional information as you conduct your work on behalf of me/my child, please let me know.