Advocacy Radar: Changes in Washington Threaten Disability Rights and Programs
Last updated 08/24/2026
It's been a consequential few months in Washington. Three major actions targeted hard-won disability rights and protections: health coverage, the right to live in the community, and access to special education and civil rights protections. Since then, the picture has shifted — some fights are still active, some have seen real pushback, and all of them are still worth watching closely.
Here's where each one stands now, with links to the full story. Scroll to the end to see how you can stay involved.
Monitoring
All But the Most Disabled Threatened by Medicaid Work Requirements
Threat: New federal work requirements could cause people with disabilities in the Medicaid expansion population to lose health coverage — even when they should qualify for an exemption.
Why it matters: The disability exemption isn't automatic — it requires proving both that you're "medically frail" and that your condition prevents you from meeting the work requirements. That two-part burden of proof could cause eligible people to lose coverage anyway. CMS's own estimates project millions could lose Medicaid. Public comments on the rule are due July 31, 2026.
More: Read the full breakdown and how to submit a public comment → #ProtectMedicaid
HEADS UP
DOJ Memo Threatens the Right to Live in the Community
Threat: A new DOJ memo argues that federal disability rights laws don't actually require states to serve people in the most integrated setting — directly challenging the 1999 Olmstead v. L.C. ruling.
Why it matters: The memo isn't law, but federal agencies and states could use it as cover to cut home and community-based services (HCBS) — putting people at risk of unnecessary institutionalization even when they want to, and can, live in the community.
More: Read the full story on what Olmstead protects and what's at stake → #Olmstead
HEADS UP
Divide to Conquer? Education and Civil Rights Being Split Apart
Threat: New interagency agreements would shift key special education and civil rights enforcement functions out of the Department of Education and into HHS and DOJ.
Why it matters: Families already navigating IEPs may not know where to turn for help, and advocates worry the move reframes disability as a medical problem to be treated rather than a natural part of who students are. More than 600 organizations have called on Congress to block the transfers.
More: Read the full story → #ProtectIDEA
What You Can Do
Taken together, these developments touch health coverage, community living, and educational rights — three pillars of independent living and disability justice. The landscape keeps shifting, and staying informed is the first step to staying engaged.
Want to stay connected to ECNV's systems advocacy work? Join our IMPACT list to get updates on federal and state policy changes as they happen, and reach out to Laura Kim, Policy & Advocacy Coordinator, at LauraK@ecnv.org if you'd like to get involved in upcoming advocacy opportunities.
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