The Quiet Effort to Dismantle Disability Rights

Children with disabilities in Nebraska are caught in the middle of a federal effort to weaken the protections that have safeguarded educational rights for decades. The laws we rely on still stand. However, a series of judicial, legal, and administrative changes are steadily seeking to diminish and dismantle the legal authority, enforcement mechanisms, and federal oversight that families depend on to secure equal educational opportunity.

Together, these developments threaten to make disability rights harder to enforce, harder to navigate, and harder to protect.

1. The Courts Have Limited Federal Agencies' Authority

In 2024, the U.S. Supreme Court ended the long-standing requirement that courts defer to a federal agency's reasonable interpretation of federal law.

This matters because many of the protections students with disabilities rely on today have been developed through federal regulations interpreting statutes such as Section 504 of the Rehabilitation Act. For decades, the U.S. Department of Education (DOE) has interpreted Section 504, which prohibits disability discrimination, to require schools to provide a Free Appropriate Public Education (FAPE) and educate students in integrated settings.

Although longstanding agency interpretations continue to receive judicial respect, federal agencies are now significantly limited in their ability to clarify, strengthen, or modernize disability protections through future regulations.

2. Section 504 Remains Under Judicial Attack

ERC has previously reported on the ongoing lawsuit led by Texas challenging the federal regulations that implement Section 504. While several states withdrew from the initial petition, the remaining state plaintiffs filed a new one in January. The new petition argues that DHHS exceeded its authority in a new regulation that provides affirmative protections for individuals with disabilities. It also continues to request a declaration by the Court that Section 504 itself violates the Spending Clause of the U.S. Constitution. If that declaration were granted, it threatens all Section 504 disability protections.

3. Federal Enforcement Is Being Fragmented

On June 16, 2026, the DOE announced that major responsibilities for protecting students' rights would be transferred to other federal agencies.

Under the new structure:

• The Department of Justice (DOJ) will investigate education discrimination complaints, oversee privacy protections, and school desegregation.
• The Department of Health and Human Services (DHHS) will administer IDEA and special education programs.
• The Department of Labor (DOL) will oversee core K-12 education programs.

While DOE still keeps statutory authority, this fragmentation of responsibilities (instead of maintaining a unified federal agency responsible for protecting students with disabilities) raises capacity and implementation concerns.

• The DOJ may be perceived to have more clout, but they have never handled the number of complaints the DOE’s Office for Civil Rights receives. In addition, it is unclear who will actually deal with student privacy complaints, which already were slow to process.
• DHHS is about health and medical services, not education. A child’s disability isn’t about “treatment” in the education context, it is about equitable access, which may be lost in translation.
• DOL focuses on jobs and wages, but general education focuses on holistic student achievement. It doesn’t have any existing framework to handle things like Title I programs (support for low-income families). Nebraska districts are built around the operational framework of the Department of Education. Shifting grant oversight and funding distribution creates confusion, delays and increased administrative burden that could impact budget and services for children.

Ultimately, families seeking help may now have to navigate several federal agencies instead of one coordinated system, making accountability more difficult and enforcement less accessible.

4. A Retreat from Integrated Education

Just two days after the split of education oversight to multiple agencies, on June 18, 2026, the DOJ issued a memorandum signaling a dramatic shift in how it views integrated education.

In Olmstead v. L.C. (1999), the U.S. Supreme Court held that unnecessary segregation of individuals with disabilities constitutes discrimination under the Americans with Disabilities Act (ADA). For more than twenty-five years, that decision has served as the legal foundation for ensuring people with disabilities receive services in the most integrated setting appropriate to their needs.

The DOJ's memorandum now states that, in its view, neither the ADA nor Section 504 requires states to provide services in the most integrated setting appropriate to an individual's needs.

The law itself has not changed. Courts, not the DOJ, ultimately determine what federal law requires. However, the memorandum strongly suggests that the federal government may be less willing to investigate, litigate, or enforce inclusion requirements.

The Bigger Picture

Viewed separately, each of these developments is significant. Viewed together, they reveal an insidious pattern.

First, the authority of federal agencies to interpret disability law has been narrowed. Next, existing disability regulations are being challenged in court. Then, responsibility for enforcing students' rights is being fragmented across multiple federal agencies. Finally, the federal government has signaled that it may no longer vigorously defend one of the central promises of disability law, which is that unnecessary segregation is discrimination.

For Nebraska families, the result could be weaker federal oversight, fewer enforceable protections, greater barriers to obtaining accommodations and services, and more difficulty holding schools accountable. This means Nebraska lawmakers must codify protections and commit to inclusive education.

At a time when federal disability protections are facing unprecedented challenges, the need for informed families, strong advocates, and organizations committed to defending children's educational rights has never been greater.

Take Action Today

• Subscribe to ERC's legislative and legal updates.
• Share this article with another parent or educator.
• Tell your state and federal representatives that disability rights matter.
• Contact ERC if your child's rights are being violated.
• Support ERC's advocacy so Nebraska families continue to have a voice.