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Yesterday, The Arc of the United States joined a lawsuit against the federal government as an organizational plaintiff. This case, "New York v. McMahon," was filed in response to the Administration’s actions to dismantle the U.S. Department of Education. The Arc and fellow plaintiffs hope to block the dismantling and protect the vital programs and safeguards it provides for students, families, and educators.
The Arc joined this litigation to ensure that the rights and protections of students with disabilities remain intact. This step is consistent with the organization's 75-year history of using every available legal tool to uphold the principles of inclusion, opportunity, and equality in education.
The Department of Education, which was established by Congress in 1979 to ensure access to education for all children, administers over 50 statutes aimed at supporting diverse student populations, including those with disabilities, students in underfunded and rural schools, those seeking vocational training, and students requiring financial aid for higher education. The lawsuit argues that because the Department of Education was created by Congress, and mandated by Congress to operate various programs for the benefit of America’s students, parents, and schools, it cannot be eliminated by the President or the Secretary of Education.
The dismantling the Department of Ed would weaken enforcement of educational rights and limit essential supports for students with disabilities. The lawsuit seeks to demonstrate that the Department cannot carry out the responsibilities assigned to it by Congress without adequate staff and resources. The case was filed in the U.S. District Court for the District of Massachusetts. The Arc previously submitted a declaration to this case on April 1, 2025.
The suit addresses why keeping the Department intact is vital, providing:
Support to states, parents, and students from programs administered by the Department of Education under the Individuals with Disabilities Education Act (IDEA);
Access to essential information that comes from the Office of Special Education and Rehabilitative Services and the Office of General Counsel; and
Enforcement of civil rights statutes, including Section 504 and the ADA, that protect education services for students with disabilities through the Department’s Office of Civil Rights and the Office of General Counsel.
While The Arc of the United States has served as an organizational plaintiff before, this marks the first time it has taken action against the federal government, reflecting the gravity of what is at stake for students with disabilities nationwide. The Arc’s current and historical litigation docket has regularly involved taking action against governmental entities on behalf of people with disabilities in matters related to education, community integration, voting rights, and more to bring about needed change when all other avenues of resolution have failed. The education case brought by The Arc of Pennsylvania, PARC v. Pennsylvania, paved the way for a right to education for students with disabilities and helped lead to the enactment of IDEA.
Chapters of The Arc from across the country are already reporting dire consequences to students with disabilities that are a direct result of this year’s reduction of staff at the U.S. Department of Education. Joining this case underscores The Arc's ongoing commitment to protect the very foundation of IDEA and ensure its promise endures for the next generation.
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