Episode 141: Defending Disability Rights in Education: Protecting IDEA, Medicaid, and the Future of Special Education

In this powerful episode, Dr. Almitra Berry explores the critical challenges facing students with disabilities in the U.S. education system. She examines threats to IDEA and Medicaid funding, discusses potential impacts of Department of Education cuts, and provides actionable strategies for advocates to support students with special needs. Through personal stories and policy analysis, Dr. Berry highlights the urgent need to protect educational rights and services for vulnerable learners.

Transcript

Unknown: 0:00

If you're a parent, teacher or school leader and you're sick and tired of the frustration, anger and unfair treatment of children at high risk in our public schools, then perhaps it's time for all of us to do something about it. In this podcast, Dr amitra Berry brings you tips, tools, strategies and tactics to build successful solutions while touching, moving and inspiring all of us to transform our schools so that every child thrives. Here's your host, Dr Bay, welcome

Dr Almitra Berry: 0:38

back equity warriors. Thanks for tuning into this week's episode of the three podcast. Since we're celebrating National disabilities month this March, I want to kick off today's show with something a little heartwarming. How about a little something from a children's book that perfectly captures the journey of a young student discovering and embracing her learning disability. That story is called your beautiful mind, and it's by Zoe cozina, and it tells the story of Penelope, the Panda, a third grader whose excitement for school is challenged when she learns of a disability. Through Penelope experiences, young readers witness the power of perseverance, of support and self acceptance. This beautifully crafted tale is an excellent read aloud for early learners, and it offers valuable lessons about diversity in learning and the unique beauty of every mind. You know, sometimes I just need a little children's book to make me feel good, because there is so much crap going on in this world, in America, not the world as a whole, but definitely in America. And since we're talking about disabilities, students with disabilities, I just needed a little something good before we get down to what's happening with the mango Mussolini and our public schools. And I want to dive into first, the foundation of support for students with disabilities, the individuals with disabilities in education, Act or IDEA, and something we don't often talk about in public education, and that's the role of Medicaid. These two policies are not just policies. They are pillars that make sure that millions of students across the country receive the services that they need to thrive academically and socially. But today, these two essential programs face unprecedented threats. First, let's talk about idea 1975 it was passed, reauthorized in 2004 idea guarantees a free, appropriate public education and education circles, we often call it a FAPE for children with disabilities, from birth through age 21 usually in the school systems, we're only dealing with K to 12, but it does span birth to 21 and what this does is it requires schools to provide tailored services to meet each student's needs through an individual education program or Individualized Education Program, an IEP in educator speak, we often talk in acronyms, and maybe, if you're an educator, maybe you've sat in on an IEP or two. If you're a special educator, you've probably written more than your fair share of IEPs, but they are created by a team. It includes the parents, teachers, specialists, and it makes sure that every single child as an individual has a plan to succeed in school. Now, idea has been transformative. It has enabled over 8 million students to access specialized instructions, speech therapy, counseling and more, but it also protects students rights to be educated alongside their peers whenever possible. We call that a least restrictive environment. So that's pillar number one. Pillar number two is Medicaid. Medicaid doesn't just provide health care. That's what they would have you think Medicaid is a critical funding source for schools to deliver services that are outlined in a student's IEP. Medicaid reimburses schools so that they can offer speech therapy, occupational therapy, mental health counseling, even early intervention programs for young children with developmental delays. These services are vital for helping young children build skills and confidence early on. In addition, Medicaid funding helps schools hire and retain specialized staff, you know, like speech therapists, speech language pathologists, behavior therapists to provide those services that are needed. But here's the alarming part, the bad part, the part that made me need to read a children's story to make me feel good before I sat down to do this episode, and that is that both idea and Medicaid are under intense threat federal funding for special. Education has always fallen short of the promised 40% and it's left states and districts always scam scrambling to fill that gap in funding. But now the budget cuts that are proposed at the federal level could slash Medicaid by $800 billion and that would impact over 37 million students who rely on Medicaid for essential services. The tangerine tyrants administration has also gutted the Department of Education's workforce by nearly 50% cut in half, and that includes special education experts who monitor compliance with idea and now without funding and oversight, schools at the local level will begin to struggle to provide even basic support for students with disabilities. And if that weren't enough, we are also facing a severe shortage of special education teachers and early intervention professionals and I've talked about teacher shortages. It's not just an American national problem, it's international But America is being hit even harder because of the policies and politics that are at play now. Nearly 65% of America's public schools already report being understaffed. In special education, there are high workloads, there's burnout, there's low pay, and these things are driving teachers out of the profession faster than we can replace them. And to make matters even worse, federal programs that are designed to recruit and train special educators have been eliminated, so families now are waiting for months or even years for services that children desperately need. These are lifelines folks idea and Medicaid, they're lifelines for students with disabilities, and they have been for decades without adequate funding and a workforce that can deliver the services we risk failing our most vulnerable learners. This isn't just a policy issue people. It's a civil rights issue, and as we look deeper into the apricot autocrats administration's education policies, it's clear that the primary goal is to reduce the government's role in education, that's what they say. But let's break this down. First, the old gilded grifter has been vocal about his intention to dismantle the Department of Education entirely. It wasn't just campaign rhetoric people we are seeing concrete steps towards this goal. The department's workforce cut by 50% by the doge despot, and that includes all those experts who monitor compliance. But there was also a draft executive order that was leaked calling for the department's complete dismantling. And now, while No, he can't unilaterally abolish a cabinet agency created by law, he does seem determined to hollow it out from within. So two fold strategy that looks to be at play. One is to use executive authority to eliminate as much of the department as possible, and then two, bring in Congress and get their approval for the rest of it. And we know congress is very dysfunctional right now, and who knows what tricks they'll play, but this approach is truly unprecedented in both scope and determination. Unlike previous calls to in the Department of Education, the tangerine Tyrant is leveraging Doge to make it happen. So how does that impact Special Ed first reduced oversight since the department Ed play of Department of Ed plays such a crucial role in enforcing the idea without that oversight, states and schools might fail to meet their obligations to students with disabilities, either because they don't have the workforce, or they don't have the funding, or they just don't give a rat spit. And I hate to say or even think that that could be a reason, but we're already seeing that happen. Number two, the funding cuts that proposed budget cut, slashing Medicaid by $800 billion impacting more than 37 million children who rely on it for essential services, could force states and districts to allocate a larger share of their limited budgets to special ed, potentially that would be at the expense of other crucial educational priorities, or they might just make the might not make the allocation to special ed, leaving our students even more vulnerable. Number three, we have this loss of expertise the Department of Ed housed, I have to use past tense now housed, a wealth of specialized knowledge about implementing idea and protecting students rights. With these functions removed or moved to a different agency, so they've suggested it could lead to a significant loss of expertise and under. Standing the complex laws around idea and then without strong federal guidance and enforcement, we'll see these disparities in special ed services across the states begin or now continue to grow. Some states might choose more restrictive settings. Some states might approve or suggest approaches that don't align with the long standing legal requirements for integrating students with disabilities, and of course, they're the threats to civil rights, because the Department's Office of Civil Rights has always played a vital role in protecting students with disabilities from discrimination, eliminating that department, or removing the Office of Civil Rights, or even putting it into a different department, will leave these students even more vulnerable. Now, as you can imagine, disability advocates are raising some serious concerns about these changes. Denise Marshall, who is CEO of the Council of parent attorneys and advocates, expressed a deep concern about the administration's understanding of its obligations to protect students with disabilities. There is worry that without the Department of Education, students and families may lose critical supports and protections that they are legally entitled to. There's also a lack of clear plans. You should be alarmed. I think we were all alarmed by the vague answers provided by Linda McMahon, the gilded Grifters, wholly unqualified Education Secretary, regarding key federal education and disability laws, something she clearly knows absolutely nothing about, and there's no clear plan for how students rights under IDEA are going to be protected when they finish dismantling that department. We also know that there are potential service disruptions. The NEA National Education Association teachers union has warned that students could face larger class sizes, fewer resources for students at risk, loss of vital services for students with disabilities, and a rollback of basic civil rights protections folks. All of this is intertwined, and there's significant concern about the proposal to convert title one funding to a No Strings Attached block grant to states. And I know I've spoken on that topic before, so again, we're talking about reducing accountability, potentially less funding, reaching the students who need it the most, and that includes those with disabilities. Now the full impact of these policies yes remains to be seen, but it is clear that disability advocates and education experts are deeply concerned about the potential consequences for students with disabilities this dismantling of the Department of Education will lead to a rollback, a significant rollback, of hard won rights and protections, potentially leaving millions and millions of students without the support they need to succeed academically and socially. So that's the broad political landscape, but I want to take this down to a real world experience, an experience of families and of a community, because this is what gives us the real human cost of policy change and highlights the resilience and advocacy efforts of those people who are now being impacted. So there's a county, Bell County, Kentucky, by the way, they went for Trump, 84% 84% of their vote. Bell County, Kentucky, rural community, significant challenges being faced because of that federal education funding cut being being proposed. The superintendent there is a man by the name of Tom gamble, and he described how losing $600,000 in federal funding could devastate his schools. In Bell County, nearly 20% of students have special needs, and 1/3 of their students live in poverty, which means they're qualifying for Title One. So schools, there are not just educational institutions, as in many communities, their schools are lifelines for children. They provide meals, clothing and critical resources for families that struggle with economic hardship and in this case, an opioid crisis. The superintendent gambrel explained that even small funding reductions would mean teacher layoffs, larger class sizes, fewer resources for vulnerable students. He shared how some children rely on schools for their only meals of the day. It's their only access to clean clothes through family resource centers. He stated, quote, If we lose this funding, it's going to mean fewer teachers and less attention to our most vulnerable students. So now, for a community that's already grappling with poverty and dwindling resources and an opioid crisis, we're talking about pushing their schools and their students over the edge. So what's an equity warrior to do? Now? You all know I am all about strategies and action, so it's not just the back story, it's the Wendy. You do. So I'm going to give you three, three actions that you can take to make a difference for students with disabilities. First and foremost, Educate yourself. Learn about the laws that protect students with disabilities like idea, when you understand these rights, it's the first step in advocating effectively. And then for more in depth strategies on what to do. Read the culturally competent educator. Y'all know it's coming out, matter of fact, in about a week. So if you didn't already pre order, get on pre order. Be part of the first shipment. In my book, I give you valuable tips for providing an inclusive education for children with disabilities. But you do need to know and understand the rights and the law, and then speak up. Number two, speak up if you see inequities or violations of student rights. Don't stay silent. You've heard me say it to be silent is to be complicit. If you don't speak, you're signing on to the nonsense. Contact your school board. Contact your local state representatives and state legislators. Your voice can drive change in policies and practices that affect students with disabilities, and then join an advocacy group. There are organizations like the Council for Exceptional Children, of which I'm a member, and local disability rights groups that can amplify your voice and provide resources by collaborating with others, you can create a united front for positive change in special education, remember, every action, it doesn't matter how small it is, every action can make a difference our children's futures depend on our willingness to stand up and speak out and not worry about the things we cannot change, but to change the things that we can no longer accept. So get to work and I'll see you next time. And that's a wrap for today's episode of the 3e podcast. Now here's how you can make a real difference. First, smash that subscribe button. It's free. It's easy, just do it. Second, share the show with anyone you know who cares about education. And third, consider becoming a supporter of the show together. We're not just talking about change, we're making it happen. Make a donation today to be part of that mission and change, and I'll catch you next time you.