The Quiet Dismantling of Disability Rights

Children with disabilities in Nebraska caught in the middle of a coordinated effort to weaken the federal protections that have safeguarded their educational rights for decades. While no single action has eliminated those rights, a series of judicial, legal, and administrative changes are steadily dismantling 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, overturning Chevron significantly limits federal agencies' 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. Nebraska joined that lawsuit before Attorney General Mike Hilgers withdrew the state in 2025.

The plaintiffs argue that federal agencies exceeded their authority by requiring states to provide accommodations, accessible facilities, and other affirmative protections for individuals with disabilities. If the lawsuit succeeds, many of the regulations families rely upon to secure accommodations, accessibility, and equal educational opportunity could be struck down.

Taken together with the Supreme Court's decision limiting agency authority, this lawsuit threatens to further weaken the regulatory framework that protects students with disabilities.

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.
• 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.

Rather than maintaining a unified federal agency responsible for protecting students with disabilities, responsibility is being divided across multiple departments. 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 later, 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 integration 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.

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.

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