Introduction

Disabled students have the right to a free education that meets their needs. They should get the same rights in schools as non-disabled students. The law that says so is called the Individuals with Disabilities Education Act (IDEA). IDEA helps disabled students get services and support to get a good education alongside non-disabled students. IDEA makes sure disabled students get kept in separate schools or classrooms from non-disabled students as little as possible.

Right now, the government is trying to do two things that would hurt IDEA:

1) The government is trying to fire the people who put IDEA into action. 

2) The government is trying to change who is in charge of IDEA.

This Plain Language Roundup will explain how the government is trying to hurt IDEA. It will also explain what you can do to fight for IDEA.

How does IDEA work right now?

The Department of Education is the part of the U.S. government in charge of schools. The Department of Education has different parts that do different things. Right now, these parts of the Department of Education help with IDEA:

• The Office of Special Education Programs (OSEP) - They help people with disabilities ages 0-22. They give out money and advice to schools.
• The Office of Special Education and Rehabilitative Services (OSERS) - They are part of OSEP. OSERS helps states follow IDEA.
• The Office for Civil Rights (OCR) - They help protect civil rights for students. They help make sure that the laws are followed. IDEA is a civil rights law.

There are also other important parts of the Department of Education. 

• The Office of Elementary and Secondary Education (OESE) - They help states, local governments, and other groups. They also give out money and advice. 
• The Rehabilitation Services Administration (RSA) - They help states and local governments give disabled people vocational rehabilitation services (VR services). VR services are services that help some people with disabilities work.

Firing People Who Put IDEA Into Action

On October 10th, the White House said they would lay off over 400 jobs at the Department of Education. A layoff means getting rid of a job. This means many workers at the Department of Education would lose their jobs.

On October 28th, a judge said the government could not make these layoffs at the Department of Education. But the government plans to do the layoffs anyway. The government told workers at the Department of Education that they will be laid off on December 9th. 

The layoffs at the Department of Education are a problem. These workers are the only people making sure schools follow IDEA. These workers make sure special education programs run well. These workers make sure money for special education goes where it needs to go. These workers make sure laws about special education are being followed. 

U.S. law says students with disabilities have a right to a free education that meets their needs. If no one works to make sure those laws are followed, schools may not follow those laws. That puts disabled students’ rights in danger.

The White House says the layoffs are happening because of the government shutdown. A government shutdown is when the government stops working until Congress agrees on a new budget. But the White House is lying. It is against the law to lay off government workers because of a government shutdown. You can learn more about the government shutdown here.

These layoffs are also illegal. The government has to follow the law. The government needs government workers to make sure laws are followed. If the government lays off too many government workers, the government cannot follow the law.  Laying off everyone who makes sure IDEA is followed means IDEA cannot be followed. That is against the law. The government is breaking the law to hurt disabled people. 

Changing Who is in Charge of IDEA

Even if the Department of Education does not have layoffs, there is still a big problem. The government is trying to move parts of the Department of Education to different agencies. 

The government wants the Department of Health and Human Services (HHS) to be in charge of IDEA. HHS is in charge of healthcare in the U.S. It is a bad idea for HHS to be in charge of IDEA. HHS does not have any training about special education. They might not understand why keeping disabled and non-disabled students together is important. They might not try to follow IDEA. This would make it harder for people with disabilities to have their civil rights protected.

HHS is already making choices that hurt people with disabilities. Right now, some people in HHS talk about autism like it should be cured. That shows HHS does not understand people with disabilities. ASAN thinks people should not trust HHS to follow IDEA.

The Department of Education is in charge of making sure schools follow IDEA. It says so in the IDEA itself. IDEA is a law passed by Congress. That means only Congress can change which part of the government is in charge of IDEA. The White House is breaking the law by trying to change who is in charge of IDEA without Congress.

The government also wants the Department of Labor (DOL) to run the Rehabilitation Services Administration (RSA). DOL is in charge of jobs in the U.S. It is a bad idea for DOL to be in charge of RSA. IDEA says high schools have to help disabled students prepare for adulthood after they graduate. Many schools work with their state VR agency through RSA. VR agencies can help students with disabilities start college or find jobs. Moving RSA to DOL would make it harder for schools and VR agencies to work together. This will hurt students with disabilities who are getting ready for adulthood.

The government is doing this on purpose to hurt disabled students. It is not okay. We need to tell them it is not okay.

Why This Matters

Attacks on the Department of Education are attacks on IDEA. Attacks on IDEA are attacks on students with disabilities. Students with disabilities deserve to have their rights protected. Students with disabilities matter.

It is bad that the government is trying to fire the people who put IDEA into action. It is also bad that the government is trying to change who is in charge of IDEA.

IDEA is bipartisan. That means both republicans and democrats support IDEA. There is no reason for the government to try and change IDEA. 

IDEA protects the disability rights and the civil rights of millions of students. IDEA helps students with disabilities stay out of institutions. That is because IDEA makes sure students with disabilities get the supports they need to learn in public classrooms. 

Even though the government wants to weaken IDEA, IDEA is still the law. That means states still have to follow IDEA’s rules. That also means that the U.S. government still has to give states the money they need for special education. 

What can I do?

There are many steps you can take to fight for students with disabilities. You can learn more here. 

The government must protect the rights of disabled students. ASAN will continue to fight for IDEA and special education.

Autistic Self Advocacy Network

PO Box 66122
Washington, DC 20035

 

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