Trump Pushing People With Disabilities Back Into Institutions?

Disability rights advocates are warning that the latest actions by U.S. President Donald Trump’s administration could undermine decades of progress toward inclusion and increase the risk of people with disabilities being placed back into institutional care

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The concerns stem from two recent decisions by the U.S. administration. The Department of Education has announced plans to transfer responsibility for special education to the Department of Health and Human Services, headed by Robert F. Kennedy Jr. Meanwhile, the Department of Justice has issued a new legal interpretation that could weaken the right of people with disabilities to live in the community.

According to disability rights advocates, these decisions mark a shift away from viewing people with disabilities as equal members of society and toward the so-called medical model of disability, which primarily regards disability as a condition to be treated or corrected.

Selene Almazan, Legal Director of the Council of Parent Attorneys and Advocates, described the moves as a direct attack on the right of people with disabilities to live lives comparable to those of people without disabilities.

Since the 1960s, the United States has gradually moved away from placing people with intellectual disabilities and mental illnesses in large institutions. A series of laws and court rulings has enabled children with disabilities to attend mainstream schools while allowing adults to live and work in their communities with appropriate support.

Particularly significant was the landmark 1999 U.S. Supreme Court decision in Olmstead v. L.C., which established that the unjustified segregation of people with disabilities constitutes discrimination. The ruling requires states to provide services in the most integrated setting appropriate, ensuring that people with disabilities have the opportunity to live, study, and work in the community whenever possible.

However, a new opinion issued by the Department of Justice’s Office of Legal Counsel argues that neither the Americans with Disabilities Act nor Section 504 of the Rehabilitation Act requires states to provide services in such integrated settings. Although the law itself has not changed, the new interpretation could influence how federal agencies enforce disability rights laws and encourage some states to reduce investment in community-based support services.

Additional concern has been raised by the transfer of special education responsibilities from the Department of Education to the Department of Health and Human Services. Organizations representing people with disabilities argue that education should not be treated as a medical issue but as a matter of equal opportunity and the fundamental right to education.

Criticism has also intensified because of previous statements made by Health and Human Services Secretary Robert F. Kennedy Jr. about autism. Kennedy has repeatedly made claims that contradict the scientific consensus, including suggesting a link between vaccines and autism and stating that people with autism would be unable to live independently or hold jobs.

Following widespread criticism, Kennedy clarified that he had been referring to people with the most severe forms of autism. Nevertheless, his remarks continue to fuel distrust among disability advocacy organizations.

Zoe Gross of the Autistic Self Advocacy Network emphasized that the special education system exists to help students with disabilities develop their abilities and reach their full potential. She questioned whether the new leadership would remain committed to fulfilling that mission.

Parents of children with disabilities have also voiced concern about the potential consequences. Lindsey Althaus of Ohio said that her 12-year-old son, who has autism and apraxia, attends school alongside his non-disabled peers and participates in everyday activities thanks to community-based support services. She fears that reducing states’ obligation to fund such programs could ultimately lead to their elimination.

Magda Nakassis of Maryland shared similar concerns. Her non-speaking son, who has autism, attends a public school where he takes part in inclusive educational programs alongside other students. She stressed that the right to education is not a medical issue but one of equality, dignity, and belonging.

Disability rights organizations conclude that the combination of changes to special education and the new interpretation of federal civil rights protections could pose the greatest challenge to inclusive disability policies in the United States in decades. They warn that people with disabilities could once again be pushed to the margins of society at a time when inclusion has become a widely accepted goal of modern democratic societies.