WASHINGTON, DC – A coalition of national disability rights organizations is urging the U.S. Supreme Court to protect the civil rights of students with disabilities in AJT v. Osseo Area Schools, a landmark case that could determine how disability discrimination claims are handled in schools. In an amicus brief filed this week, these organizations, including The Arc, argue that students with disabilities should not face a higher legal standard when seeking justice for discrimination in schools—one that does not exist in other settings covered by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504).

“This case is about whether students with disabilities should have to clear a higher legal hurdle to seek justice for discrimination in school—one that doesn’t exist in workplaces, housing, or other settings,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel at The Arc of the United States. “No child should have to fight an uphill battle just to hold their school accountable for discrimination. Schools must be held to the same standards as every other public entity—plain and simple.”

At the heart of the case is a legal standard applied in some courts that makes it much harder for students with disabilities to prove discrimination in school compared to other settings. Under this stricter rule, students must prove that their school acted with “bad faith” or “gross misjudgment”—a standard that does not apply in workplace, housing, or other discrimination claims under the ADA and Section 504.

Decades ago, the Eighth Circuit Court created this higher standard for students in school settings, and since then, several other courts have followed. As a result, countless students with disabilities have had their claims rejected simply because they couldn’t meet this excessive burden of proof. Disability rights advocates argue that this rule contradicts federal disability laws and makes it much harder for students to hold schools accountable when they face discrimination.

“It is imperative that we protect student civil rights under Section 504 and the ADA, for students who have suffered compensable harms from disability discrimination,” said Selene Almazan, Legal Director at the Council of Parent Attorneys and Advocates (COPAA). “The legal rule whose demise is sought in this case—the bad-faith-or-gross-misjudgment standard—cannot be squared with the text or purposes of Section 504 and the ADA which undergird protections for millions of children with disabilities attending K-12 schools.”

Families already struggle to secure the support and services their children need to thrive—this additional legal barrier only makes it harder for them to fight back when their rights are violated.

The Supreme Court will hear oral arguments on April 28, 2025.

Amici curiae include: Council of Parent Attorneys and Advocates, The Arc of the United States, Bazelon Center for Mental Health Law, Children’s Law Center, Disability Rights Education & Defense Fund, Education Law Center, Learning Rights Law Center, Minnesota Disability Law Center, part of Mid-Minnesota Legal Aid, National Center for Youth Law, National Disability Rights Network, National Health Law Project, and the Washington Lawyers Committee for Civil Rights and Urban Affairs.

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About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who knew their disabled children deserved more, The Arc is now the largest grassroots organization for people with IDD with nearly 600 chapters in 48 states and Washington, DC. Together, we are promoting and protecting the rights of people with disabilities and supporting their inclusion throughout their lives—from education to employment to community living. There are approximately 7.4 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

The post National Disability Rights Organizations Urge U.S. Supreme Court to Protect Rights of Youth with Disabilities in Key Education Case appeared first on The Arc.

This op-ed from The Arc’s CEO Katy Neas was originally published in Newsweek.

If the U.S. Department of Education disappears, millions of students with disabilities will face even greater barriers to getting the education they deserve. They are our neighbors, classmates, friends, and family members. When we take away the protections and resources that make education possible, we don’t just fail them—we fail as a society.

In 1971, before federal protections for people with disabilities existed, states were free to exclude children with disabilities from their public schools—and many did. Millions of children were denied an education, not because they couldn’t learn, but because our society didn’t believe they were worth educating. That changed because of federal action. Parents, led by my organization, The Arc, fought in court and won. Their victory laid the foundation for the Individuals with Disabilities Education Act (IDEA), securing the right to a free, appropriate public education for students with disabilities, regardless of the nature or severity of their disability.

Now, access to that right is in jeopardy, and parents across the country are alarmed.

Calls to dismantle the U.S. Department of Education have begun to appear on mainstream platforms, with members of Congress openly advocating for its elimination. This proposal isn’t just a bureaucratic shift; it’s an existential threat to students with disabilities and their families. While IDEA would remain law, without federal oversight, there would be few mechanisms to ensure states follow it.

When education is limited, so is opportunity. Without education, students with disabilities face higher rates of poverty, unemployment, poor health, and social isolation. Education is the foundation for independence, inclusion, and a future with choices. Strip it away, and we are not just limiting potential—we are forcing millions of people into a lifetime of barriers and hardship.

This issue is personal for me. As a former deputy assistant secretary in the Department of Education’s Office of Special Education and a lifelong advocate for disability rights, I have seen firsthand what happens when children with disabilities face barriers—and how the Department of Education steps in to make things right.

Here’s a real-life example. A few years ago, parents in Texas discovered that the state had an unfair limit on the number of children with disabilities who could receive special education services. The cap was set at just 8.5 percent, even though nearly 15 percent of students in most states are eligible for these services. These concerned parents reached out to the Department of Education for help. The department’s staff worked closely with the state, guiding them on what needed to be done to fix the problem. After months of collaboration, Texas removed the cap, ensuring that every child who qualifies for special education can now get the support they need.

The Department of Education does far more than provide support to state departments of education. It funds high-quality training for special education teachers, drives innovation in how we educate students with disabilities, supports parents, and enforces disability rights laws. It also ensures that when students with disabilities are not able to access appropriate special education services, families have a way to fight back. In fact, the largest category of complaints filed with the Department of Education are from parents of students with disabilities who believe their children are being denied the education they need and deserve. In many cases, the Department of Education works directly with school districts to resolve these issues and improve services.

What does this work mean for children with disabilities? Consider Whitman, an 11-year-old with autism and apraxia who is nonspeaking and uses an augmentative communication device to communicate. The support he receives through special education has been life-changing—not just for him, but for his entire family. At first, he was placed in a school where all the children had disabilities. He struggled until the school started a program that helped Whitman learn alongside his non-disabled peers. Now, he is not only excelling academically but recently performed in two school musicals—something his family never imagined possible.

Decades ago, the United States decided that having a disability or living in a certain state should not determine whether a child receives a quality education. That promise is now under attack. Dismantling the Department of Education wouldn’t just turn back the clock—it would create chaos and deepen inequality. It would mean fewer trained teachers, weaker enforcement of disability rights, and more children slipping through the cracks.

The stakes have never been higher. If we allow the Department of Education to be dismantled, we not only undo decades of progress; we also risk abandoning the promise that every child deserves a chance to succeed. We cannot let this happen. The futures of millions of students are in our hands—and we must protect them.

Katy Neas is CEO of The Arc of the United States. She previously served as Deputy Assistant Secretary and Acting Assistant Secretary in the Department of Education’s Office of Special Education.

The post The Department of Education Helps Students With Disabilities. Don’t Let It Disappear. appeared first on The Arc.

Every March, we celebrate something powerful: Developmental Disabilities Awareness Month. It’s an opportunity to honor the diverse talents, dreams, and achievements of people with developmental disabilities. Whether it’s autism, cerebral palsy, Down syndrome, or learning disorders, these disabilities are part of the human experience – and the people living with them have stories that need to be heard.

The big picture: Here’s what drives us at The Arc: the fundamental belief that everyone deserves to write their own life story. That means real access to education, meaningful employment, quality healthcare, and genuine community connections. Right now, too many barriers stand in the way of these basic rights. This month, we’re turning up the volume on voices calling for change.

History: The roots of Developmental Disabilities Awareness Month can be traced back to 1987 when President Reagan first declared March as a month to raise awareness and “according to our fellow citizens with such disabilities, both encouragement and the opportunities they need to lead productive lives and to achieve their full potential.”

This year’s theme from the National Association of Councils on Developmental Disabilities is We’re Here All Year, emphasizing that community, accessibility, and opportunities for people with developmental disabilities should be recognized and championed every day.

What we’re doing: Change happens when people come together – and that’s exactly what The Arc’s nationwide network is doing. Want to meet some of the incredible individuals leading the way?

There’s Marcus, whose job search shows how talented, dedicated workers face discrimination. Lawrence, who’s showing the world what’s possible for athletes with disabilities. Ashley, who’s revolutionizing how we think about diversity and inclusion. Steve, who shows us that people with disabilities thrive when they can live independently in their communities, not institutions. Carlos, who persevered through immigration, bullying, and discrimination to graduate college and build his accounting career. And Mitch, whose voice on our board helps shape how we support people with disabilities.

Ready to be part of this movement? Here are three powerful ways you can help create change:

Donate to The Arc to support our advocacy and services, making inclusion possible.
Volunteer with your local chapter of The Arc to empower people with developmental disabilities.
Share stories uplifting diverse perspectives using #DDawareness and #DDawareness2025.

“Segregation and discrimination still cast an ugly shadow over the lives of millions of people with disabilities. This month, we must amplify the voices calling for true inclusion—in our schools, workplaces, and communities. When we listen to self-advocates and remove unfair barriers, incredible contributions shine through.” – Katy Neas, CEO of The Arc

The post Developmental Disabilities Awareness Month: Shattering Stigmas & Obstacles appeared first on The Arc.

Statement from our CEO Katy Neas on the tragic DC plane crash and claims that it could have been caused by the FAA’s DEI hiring practices, particularly of people with intellectual disabilities:

“This is a devastating tragedy, and our hearts go out to the victims and their families. There is no evidence that FAA hiring practices had anything to do with this accident, and suggesting otherwise is both misleading and harmful. People with disabilities—like all federal employees—are hired because of their qualifications, skills, and ability to do a job. In moments like this, we should be focused on facts and supporting those affected, not pointing fingers at an entire community.”

The post Statement on the DC Plane Crash appeared first on The Arc.

WASHINGTON, DC – For countless families in the District of Columbia, the daily trip to school is fraught with anxiety due to unsafe and unreliable transportation services for students with disabilities. Today, a federal judge signaled hope for change and cleared the way for parents and guardians of children with disabilities and The Arc of the United States (The Arc) to pursue their case against the District of Columbia (DC) for failing to provide them with safe, reliable, and effective transportation to school. According to the decision by Judge Paul L. Friedman of the District Court of DC, students with disabilities have the right under federal disability rights laws to seek “structural relief that serves all children with disabilities.” The decision affirms that there is a remedy when children with disabilities are denied equal access to education.

The complaint, filed in March 2024, alleges that DC’s Office of the State Superintendent for Education (OSSE) denies students equal access to their education in violation of federal and local disability and civil rights laws by failing to provide students with transportation to and from school. Unsafe or unreliable transportation often means missed school days, interrupted learning, and barriers to building essential relationships and skills. According to the complaint, buses routinely arrive very late to pick students up from their homes, or do not arrive at all; students are left stranded at school without guaranteed transportation back home; students spend excessive time on buses, and students do not get the accommodations they need to ride safely. The plaintiffs are represented by The Arc, Washington Lawyers’ Committee for Civil Rights, Children’s Law Center, and McDermott Will & Emery.

By allowing The Arc to proceed as a plaintiff on behalf of its members, the decision reinforces the important principle that advocacy groups can and should bring litigation to secure the rights of its members under the IDEA and ADA. The decision, relying in part on the Department of Justice’s Statement of Interest filed in this case, also rejects the notion that students with disabilities need to meet a heightened standard in order to bring education discrimination claims.

“The buses meant to help children with disabilities build their education and futures are instead perpetuating their exclusion. This is not just a matter of tardiness or inconvenience—it’s stealing children’s opportunities to learn, grow, and connect with their peers,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel for The Arc of the United States. “Fighting for this change is about ensuring that our school systems work for and include all students. Today’s ruling affirms the right of students with disabilities to access their education without barriers. While there is still work ahead, this is an important step forward for systemic change.”

“The decision today will allow parents to keep seeking changes to a transportation system that so far has failed to deliver,” said Kaitlin Banner, Deputy Legal Director for the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “Our clients are ready to press forward and ensure that they will not endure another school year without access to their education.”

“I’m excited that the case is moving forward,” shared plaintiff Ms. Joann McCray and mother to 12-year-old boy who has faced ongoing bus transportation issues. “I hope that this can be the beginning of some real systemic change for my son and others.”

“With Judge Friedman’s reasoned decision, it is full speed ahead to obtain the District’s documents and testimony in advance of trial,” said Eugene Goldman, Senior Counsel at McDermott Will & Emery.

Click Here To Read the Opinion

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About The Arc of the United States
The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About Children’s Law Center
Children’s Law Center believes every child should grow up with a strong foundation of family, health and education and live in a world free from poverty, trauma, racism and other forms of oppression. Our more than 100 staff – together with DC children and families, community partners and pro bono attorneys – use the law to solve children’s urgent problems today and improve the systems that will affect their lives tomorrow. Since our founding in 1996, we have reached more than 50,000 children and families directly and multiplied our impact by advocating for city-wide solutions that benefit hundreds of thousands more. For more information, please visit www.childrenslawcenter.org.

About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers’ Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit www.washlaw.org.

About McDermott Will & Emery
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve. For more information, please visit www.mwe.com.

The post Parents & Students With Disabilities Can Continue Their Fight for Safe & Reliable Transportation appeared first on The Arc.

Journalists, Medicaid is under unprecedented threat, and the impact will be felt nationwide.

As newly elected officials take office, many are considering cuts to Medicaid to fund other priorities like tax cuts, deficit reductions, or shrinking the size of the federal government. While Medicaid has been widely covered—from its role in public health to challenges during the unwinding of pandemic protections—the disability angle is often overlooked.

This evolving story is about more than health care; it’s about the dignity, independence, and stability for millions of Americans.

Why This Story Matters

Medicaid is vital to the health and stability and the U.S. health care system and the 80 million Americans it covers, including people with disabilities, children, low-income adults, and seniors. Medicaid provides:

• Home and community-based services (HCBS) that help 4.5 million people with disabilities live, learn, work, and participate in their communities.
• Early intervention for young children, school-based therapies, and equipment and technologies often excluded by private insurance.
• Job skills training, placement, and coaching that enable people with disabilities to find meaningful, integrated employment opportunities.
• $1 of every $6 spent on health care in the U.S., making it the nation’s largest single source of health coverage.
• Support for schools, hospitals, and local economies.

Yet Medicaid is already stretched thin:

• 711,000 people are waiting for HCBS, 73% of which are people with intellectual and developmental disabilities.
• 40% turnover among care workers due to low reimbursement rates leaves families without critical support, which negative impacts their careers and finances.
• 25+ million Americans lost Medicaid coverage after pandemic protections ended, often due to paperwork issues—not ineligibility.

The Stakes for the Disability Community

Medicaid is the cornerstone of daily life for over 10 million children and adults with disabilities, funding 77% of essential services for people with intellectual and developmental disabilities. Without it:

• Many would lose their independence, forced into nursing homes or state-run institutions.
• States would face severe constraints on eligibility and funding, leaving families across the country without options for vital services.

Why Now

The 2025 federal budget debates will decide Medicaid’s future. Proposed cuts could deepen waiting lists, worsen the care workforce crisis, leave millions uninsured, and destabilize our health care system. Reducing federal funding for Medicaid could also cost states billions annually, leading to an unprecedented rise in uninsured rates and health inequities. Medicaid has overwhelming bipartisan public support—with 75% of Americans viewing the program favorably, so your audience must understand the real-world consequences for people with disabilities and their families.

This story isn’t just about policy—it’s about people like Dianne and her son Jonathan:

“My 31-year-old son Jonathan is a vibrant man who cherishes life. He enjoys nature photography, outdoor activities, music, and time with loved ones—much of which is made possible through Medicaid. At two weeks old, he fell ill with meningitis and is now quadriplegic, non-verbal, and requires round-the-clock care. Medicaid has been crucial for his entire life, from durable medical equipment to in-home support. Without adequate funding and person-centered policies, Jonathan risks losing the life he loves.”

Federal decisions will determine whether families like theirs can access the care they need. Your reporting can illuminate these stakes, drive accountability, and protect Medicaid before it’s too late.

Let’s Connect

For expert analysis or connections to families impacted by Medicaid, contact:

Jackie Dilworth
Director of Communications
The Arc of the United States
Dilworth@TheArc.org

The post Medicaid at Risk: What Cuts Mean for People With Disabilities—and All of Us appeared first on The Arc.