by Claire Stanley
(Author’s Note: Between the writing of this article and its publication, there is likely to be movement on both incidents discussed. Stay tuned to the Washington Connection and the Advocacy Update podcast for the latest information available.)
June was a difficult month for the disability rights community. Several actions were taken by federal agencies that scared disability advocates; the actions posed significant attacks on the history and development of disability rights law. The actions also seemed to come all at once. However, in spite of such jarring actions, the disability rights community continued to advocate and speak out. If anything came from the events, it was the demonstration that advocates will not be quiet.
On June 16, the U.S. Department of Education put out a memo officially moving both the Office of Special Education and Rehabilitative Services (OSERS) and the Office for Civil Rights (OCR) out of the agency. They were moved to the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ), respectively. Advocates are furious about this move. Many advocates fear that the other agencies are not equipped to administer programs such as special education and vocational rehabilitation services. Many believe this is a move by Secretary McMahon to further weaken and eliminate the Department of Education. ACB wants to make sure that all special education and vocational rehabilitation services will best serve our community. There is great skepticism that HHS has the expertise to best service people with disabilities.
The same week, the Department of Justice put out a memo challenging what is known as the integration mandate of the Americans with Disabilities Act (ADA). The mandate as defined in the 1999 Supreme Court ruling in Olmstead v. L.C. states that persons with disabilities must receive services in the most integrated setting. This new memo walks back such a mandate. Although it is not law, only a memo by the DOJ, advocates fear that it will be used to unravel decades of civil rights progress. ACB stands alongside its disability rights allies in condemning this memo.
But, in spite of these painful actions, ACB and the disability rights community stand firm in its mission to advocate for the human rights of people with disabilities. On July 26, 2026, ACB celebrated the 36th anniversary of the ADA. We will keep advocating.