Trump Administration Shifts Special Education to HHS as DOJ Lowers Bar for Institutionalizing Disabled People
Updated
Updated · PBS NewsHour · Jul 1
Trump Administration Shifts Special Education to HHS as DOJ Lowers Bar for Institutionalizing Disabled People
3 articles · Updated · PBS NewsHour · Jul 1
Summary
Advocates say two Trump administration moves in recent weeks have raised fears of a return to segregating disabled people: special-education oversight was moved to HHS, and a June Justice Department memo narrowed federal support for community-based services.
The DOJ memo said the ADA and Section 504 do not require services in the most integrated setting, breaking with the common reading of the Supreme Court’s 1999 Olmstead ruling and potentially encouraging states to rely more on institutional settings.
Robert F. Kennedy Jr.’s new role at HHS has sharpened alarm because families and disability groups see the shift as reviving a medical model of disability, and because of his past comments portraying autism as severely limiting.
Families in Ohio and Maryland told AP that mainstream classrooms, Medicaid waivers and community supports let children with autism thrive, and they fear weaker federal backing could make those services harder to keep.
The dispute reaches beyond schools: critics say the moves align with Trump’s broader push on homelessness and civil commitment, testing decades of disability-rights gains toward education, work and life in the community.
As disability oversight shifts from education to health, what is the future for inclusive schooling?
With community care being more cost-effective, what is the goal of policies that ease institutionalization?
Trump Administration’s 2026 Disability Policy Shifts: Special Education Oversight Transfer and Olmstead Reinterpretation Threaten Civil Rights
Overview
In June 2026, the Trump administration enacted two major policy shifts that immediately reshaped disability rights in the United States. First, special education oversight was transferred from the Department of Education to the Department of Health and Human Services, as part of a broader effort to dismantle the Education Department. Second, the Justice Department released a memo reinterpreting civil rights protections for people with disabilities, especially regarding community-based care. These actions sparked strong opposition from disability advocates and lawmakers, who fear that these changes threaten decades of progress and could lead to increased segregation and reduced support for people with disabilities.