RFK Jr.’s speech on autism proves he is out of touch with the disability community and not fit to serve students with disabilities. My autistic students don’t need his pity, and his statements have only confirmed that the United States Department of Health and Human Services (HHS) has no place overseeing special education programs.

According to the statute, students with disabilities are required to be educated in the “least restrictive environment,” a legal concept based on the need for integrated classrooms. By removing special education from the Department of Education’s jurisdiction and shifting it to HHS, the Trump administration contradicts the very principles of inclusion.

The administration’s announcement promotes an insulting and outdated medical model of disability. Instead of reducing stigmatization and prioritizing inclusive environments, the Trump administration is determined to revert to ableist policies that disregard the realities of our classroom and the needs of our students.

The work I did as a special education teacher often focused on how best to support my students in an inclusive general education setting. In fact, a mantra amongst special educators considers the need for all school personnel, from administrators to support staff, to take ownership of every student’s learning. While students who qualify for special education certainly receive supplemental services and support, over two-thirds of special education students in the country spend 80% or more of their time in general education classrooms. In other words, special education cannot be separated from public education.

By attempting to separate special education services from the larger federal education apparatus, we’re sending the wrong message — students with disabilities should not be separated or singled out.

Although the separate but equal doctrine has long been overturned, this administrative move seems to claim that students with disabilities should be treated differently from their non-disabled peers. The HHS may be a well-intentioned agency, but it is not equipped to support educators. The fundamental difference between HHS and the Department of Education cannot be overlooked and spells disaster for differently-abled learners; HHS cannot meet the needs of students with disabilities. Decades of experience, research, and legal precedent tells us that separation does not mean equal treatment — students are not patients.

Before interrogating the history, it’s important to unpack what an inclusive model means for our students. In practice, when I sat down with a family to discuss an Individualized Education Plan (IEP), I was required to outline the number of hours a student spends in a general education classroom compared to a separate, self-contained special education space. In most cases, the general education classroom is the “least restrictive environment” and is most conducive to supporting the social, emotional, and academic needs of a student. Here, students with disabilities can partner up with a more advanced reading buddy, engage with grade-level content, and practice their social skills.

As always, the goal is to provide students, regardless of disability status, equal access to high-quality instruction in the general education classroom where they can learn amongst their peers.

Unfortunately, this isn’t a new fight for disability advocates

We know how HHS has treated students with disabilities in the past. Before the Education Department was enshrined into law in 1979, the Department of Health and Human Services, previously known as the Department of Health Education and Welfare, was responsible for students with disabilities. Under their purview, a Congressional investigation revealed nearly half of all students with disabilities were not receiving the appropriate services, and almost a quarter were barred from attending school altogether.

Beyond a problematic past, the HHS is not fit to address the academic needs of today’s children. Not only is HHS undergoing its own upheaval due to the reduction in workforce, but the department also lacks the institutional knowledge and subject expertise to provide sufficient educational services and guidance. As the Secretary of HHS continues to peddle disproven theories about autism and other disabilities, advocates are rightfully concerned.

In addition, the Trump Administration has made no effort to outline how the Individuals with Disabilities Education Act (IDEA) will be enforced. The existing mechanisms to ensure students were receiving the services afforded to them by federal law, were primarily administered by the Office of Civil Rights in the Department of Education. There is no analogous office in HHS and any effort to enforce civil rights initiatives is likely to be hindered by staffing shortages. With thousands of civil rights complaints piling up, families and students are already feeling the effects of a system without accountability.

To further compound the threat, several state officials are looking to fund voucher initiatives with IDEA funds. While vouchers are intended to supplement school tuition, they frequently enable further exclusion because private schools are not required to admit or provide services for students with disabilities. If the Trump Administration chooses to ignore federal law and enable funds to be disbursed with no strings attached, students with disabilities could be shut out of schools with no recourse.

Considering HHS is unlikely to build the infrastructure to support a sound and reasoned office for special education, no-strings attached disbursement is a strong possibility. The final nail would then be in the coffin: students with disabilities would be increasingly separated from their peers and the age of inclusive classrooms with an eye towards the “least restrictive environment” would be over.

Blog: Students with Disabilities Deserve Better: Autism Acceptance Deserves Truth, Not Harmful Disinformation