Advocates for people with disabilities are warning of a potential shift in the Trump administration’s approach to disability rights, with recent moves that could lead to a return to institutionalizing individuals with disabilities.
Background
For decades, people with disabilities have fought for their rights to attend school and live alongside peers without disabilities. However, recent actions by the Trump administration have raised concerns that these rights may be losing ground.
Last month, the Education Department announced it would transfer oversight of special education to the Department of Health and Human Services, led by Robert F. Kennedy Jr. Kennedy has faced criticism for his comments on the limits of disabilities such as autism.
The Department of Justice has also released guidance that lowers the barrier to institutionalizing people with disabilities. This move has been met with concern from advocates, who argue that it signals a return to a reality where people with disabilities are pushed to the margins of society.
Impact on Families
Families of children with disabilities are expressing concern about the potential impact of these changes. Lindsey Althaus, a disability rights advocate, says that her 12-year-old son, Whitman, who has autism and a neurological disorder, has thrived in a mainstream classroom with proper support services.
However, under the new guidance, states may have fewer obligations to fund and support these programs. Althaus worries that this could lead to a decline in the quality of care and support for children like Whitman.
Magda Nakassis, whose 8-year-old son is autistic and nonverbal, has also seen the positive impact of inclusive education. She says that her son’s school has provided a supportive environment, with teachers and staff who understand his needs.
Constitutional Concerns
The Trump administration’s moves have also raised constitutional concerns. The Supreme Court has previously ruled that segregating people with disabilities who are otherwise able to live in their community with proper supports is a form of discrimination.
However, the Department of Justice’s new guidance argues that neither the Americans with Disabilities Act nor Section 504 requires states to provide services in the most integrated setting. This interpretation has been met with criticism from advocates, who argue that it undermines the rights of people with disabilities.
Original reporting: KTBS 3 (Shreveport) — read the source article.
