In 2024, there were several major advances in federal policy on disability rights and inclusion that significantly mitigated barriers in K-12 and higher education institutions faced by students with disabilities and their families. The advances made in 2024 follow several years of state-level progress, in which legislatures across the country began to adopt guidelines ensuring access to digital learning tools for all students.
Entering 2025, however, these pro-inclusion policies are under threat. Just a few weeks into the new year and new Trump administration, actions at the federal level appear to signal that even current accessibility and inclusion protections for students may be at risk. Recent policy updates show a stark contradiction – and a potential grind to a halt – for the years of progress seen before. Here’s a quick overview of these policies and what they could mean looking ahead.
FEDERAL POLICIES
2024 was a landmark year for disability rights and inclusion at the federal level, with several policies enacted that ensured educational equity for students with disabilities in the classroom and online:
ADA Title II, Accessibility of Web Information and Services of State and Local Government Entities
This April 2024 final rule requires public schools, community colleges and public universities to ensure their web content and mobiles apps are accessible to people with disabilities. There is a two-year phase-in period underway now. While the ruling applies to public institutions covered by Title II of the ADA, there has been some expectation that future modifications would expand to include all K-12 schools, colleges and universities.
The Department of Health and Human Services also finalized its regulation under Section 504 of the Rehabilitation Act in 2024, including a requirement that web and other technologies be accessible to people with disabilities.
DEI Program Rollbacks
Even before Trump took office, his rhetoric from the campaign trail began to have a chilling effect on corporate diversity, equity and inclusion programs across the country. One of his first-day Executive Orders declared DEI efforts “illegal” and went beyond revoking DEI policies in the federal government and among federal contractors, targeting up to nine large entities with investigations. Advocates have warned that eliminating DEI functions will threaten students’ abilities to receive appropriate accommodations that support their success and could lead to an uptick in discrimination.
Department of Education Attacks
The Trump administration has threatened to eliminate the Department of Education, which provides funding under the IDEA to support special education services across the country. In addition, the Department’s Office for Civil Rights (OCR) has apparently paused or stopped investigating complaints filed on behalf of students. Most of the complaints received at OCR are on behalf of students with disabilities. OCR complaints are an essential tool to combat discrimination by schools because parents are often not able to afford to pursue their rights in court.
STATE POLICIES
Many states across the country have made significant recent progress in their adoption of disability rights and inclusion policies.
- Illinois passed landmark legislation in 2021 requiring all online education tools to comply with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG).
- New Jersey and Maryland have passed similar laws making learning environments for nearly 14% of K-12 students with disabilities more inclusive and accessible.
- A number of other states without legislation have empowered leadership to set accessibility standards at the policy level.
However, a fight lies ahead for the protection of disability rights across states into the future. A group of 17 states have sued the United States Department of Health and Human Services in Texas v. Becerra, in which they are pushing for an end to Section 504 of the Rehabilitation Act. Section 504 mandates that states and other entities, including colleges and universities, that receive money from the federal government cannot discriminate against people with disabilities. The lawsuit argues that Section 504 is unconstitutional, asking the court to not only eliminate updates to the law but the law itself – a clear threat to all individuals with disabilities across the country.
Looking Ahead
The ADA Title II rule and state law updates in recent years established significant advances in accessibility and inclusion for students of all ages. However, in January 2025, we saw the strike down of Title IX amendments removing recent protections for disabled students, an executive order banning DEIA practices and a legal threat to clearly outlined protections of people with disabilities.
The early days of the Trump administration also saw the removal of the White House Accessibility Statement and several important Office of Management and Budget (OMB) memos that have guided agency priorities on accessibility.
These initial moves signal a lack of interest and priority for accessibility and inclusion policies, which could portend lax enforcement, reduced transparency and less accountability across government agencies. As seen in Texas v. Becerra, these moves have also continued to empower conservative states with a history of exclusionary practices and policies that threaten the wellbeing of people with disabilities.
However, a number of states are leading the way with strong guidelines for digital learning tools in schools, and advocates across the country are preparing to take on the fight for accessibility and inclusion in full force. If the federal government does not take a leading role, it will require the states to step up. It will also likely require continued vigilance in the form of lawsuits from private individuals and organizations to enforce existing policy.
About Eve Hill:
Eve Hill, one of the nation’s leading disability and civil rights attorneys, co-leads Inclusivity. She previously served as Deputy Assistant Attorney General of the U.S. Department of Justice, Civil Rights Division, where she was responsible for oversight of the Division’s disability rights enforcement and educational civil rights implementation. Her responsibilities included enforcement, regulation, and policy development regarding accessibility requirements for websites and other digital technology; Olmstead community integration requirements in employment and education; and disability rights in education, law enforcement, and health care.
About Inclusivity Strategic Consulting:
Inclusivity Strategic Consulting works to help government and private entities navigate a clear path to web accessibility to best serve all of their audiences and minimize potential liability. Inclusivity can help organizations adopt policies and procedures, priorities, and contractual requirements to make their websites and mobile apps accessible and keep them accessible into the future. Inclusivity is part of Brown, Goldstein & Levy, a leading civil rights law firm with offices in Baltimore, MD and Washington, D.C.