In this edition of Capitol Connection, you’ll find updates on the Department of Education’s proposed Interagency Agreements, Medicaid work requirements, and other federal policy developments affecting the Autism community. We also highlight new resources from the Autism Society of America, including recent national statements and a new education guide developed in partnership with the American Federation of Teachers. We encourage you to stay engaged and visit the Autism Society of America’s Action Center to contact your Members of Congress and advocate for policies that support Autistic individuals and their families.  

Department of Education Interagency Agreements  

On June 16, the U.S. Department of Education announced new Interagency Agreements (IAAs), including a move of the Office of Special Education and Rehabilitative Services (OSERS) to the U.S. Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) to the U.S. Department of Justice (DOJ). 

The Autism Society of America is concerned that moving IDEA functions to HHS would shift education and transition programs into an agency primarily focused on health and human services. This could fragment the education-to-employment pipeline and weaken coordination among schools, postsecondary education, vocational rehabilitation, and workforce development systems. Similarly, transferring OCR to DOJ would separate education-focused civil rights enforcement from the agency responsible for education policy and oversight, potentially making it more difficult for students and families to resolve discrimination complaints in educational settings. Congress has long placed IDEA, Section 504 of the Rehabilitation Act, and related education and rehabilitation programs within the U.S. Department of Education and has repeatedly strengthened these laws there since the Department’s creation.  

The announcement also comes as the Department of Education released its 2026 IDEA Determinations, which found that 26 states “need assistance” in implementing IDEA requirements, including 23 states that have received that designation for two or more consecutive years. Four additional states and the District of Columbia were designated as “need intervention,” underscoring the importance of strong federal oversight and accountability for special education programs. 

The Autism Society is continuing to monitor the restructuring and is awaiting additional details regarding implementation and its potential impact on students, families, educators, and school districts. During a July 9 briefing, Acting Assistant Secretary for Special Education and Rehabilitative Services Kelly Rogers provided limited information about the timeline for the proposed changes. Rogers indicated that many OSERS staff would transition to HHS while she would continue overseeing the staff from the Department of Education. She also stated that IDEA funding would continue to be distributed by the Department of Education to states for the current fiscal year before transitioning to HHS’s systems in the future. Significant questions remain about how oversight, monitoring, technical assistance, and the complaint process would operate if responsibilities are divided across multiple federal agencies. 

The Autism Society of America issued a statement opposing the transfers and joined more than 750 disability, civil rights, and education organizations in calling on the Administration to preserve IDEA and civil rights functions within the Department of Education.  

New Autism Education Guide for Educators, Parents & Students 

The American Federation of Teachers (AFT) and the Autism Society of America have released Beyond Acceptance: Autism Inclusion and Equity—A Guide for Educators, Parents, and Students, a comprehensive resource designed to help schools, families, and communities create learning environments where Autistic students are supported, included, and empowered to succeed. 

The guide provides an overview of Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA), explains Individualized Education Programs (IEPs) and 504 Plans, outlines students’ legal rights, shares practical strategies to support learning and inclusion, offers guidance on postsecondary transition planning, and features lived experiences from members of the Autism community. 

Medicaid Expansion Work Requirements Update 

States and advocates continue to review the Centers for Medicare & Medicaid Services’ (CMS) Interim Final Rule implementing Medicaid community engagement (work) requirements for certain adults enrolled through the Medicaid expansion population. As implementation moves forward, additional guidance and legal challenges have emerged that could affect how the policy is carried out. 

The rule creates a narrow definition of who qualifies as “medically frail,” which allows certain people to be exempt from the requirement to complete 80 hours of work, volunteering, education, or other qualifying activities each month. To receive this exemption, individuals must also confirm that they are unable to work. 

On July 8, Attorneys General from 24 states and the District of Columbia, along with two governors, filed a lawsuit challenging the rule. They argue that the federal government made the definition of “medically frail” too restrictive and that it does not reflect what Congress intended. The lawsuit also argues that the rule could cause people with significant health care needs to lose access to the coverage they depend on. The case will move through the courts, and it could affect when or how the rule is implemented. 

The American Association of People with Disabilities (AAPD) recently hosted a webinar explaining the new requirements and has also published a helpful Frequently Asked Questions (FAQ) resource for individuals, families, and advocates seeking additional information.  

The Autism Society of America will continue to monitor updates and advocate to protect access to Medicaid services and supports for Autistic individuals and their families. 

Department of Justice Olmstead Memo 

On June 18, 2026, the Department of Justice (DOJ) Office of Legal Counsel (OLC) released a memo stating that the Americans with Disabilities Act (ADA) and Section 504 do not require states to provide services in the most integrated setting appropriate for people with disabilities. This interpretation differs from the long-standing understanding of the Supreme Court’s 1999 Olmstead v. L.C. decision, which established that unnecessary institutionalization is discrimination and that people with disabilities have the right to receive services in community-based settings when appropriate. 

The DOJ memo does not change the law. The ADA, Section 504, and the Olmstead decision remain in effect. However, the memo may signal a change in how the federal government interprets and enforces community integration protections going forward. 

The Autism Society of America will continue to monitor developments and advocate for policies that protect the right of Autistic individuals and other people with disabilities to receive services and supports in their communities 

Autism Society Statement on Fraud in Services 

The Autism Society of America released a statement in response to the increased focus on fraud in services that are critical to the Autism community, including speech therapy, occupational therapy, Applied Behavior Analysis (ABA), and Home and Community-Based Services (HCBS).  

The Autism Society supports strong oversight and accountability for providers who engage in fraud or abuse and believes those responsible should be held accountable. At the same time, we caution against broad policy changes that could limit access to services for Autistic individuals and their families. Many families already face significant challenges accessing qualified providers and supports, and efforts to address fraud should be targeted, evidence-based, and focused on bad actors, not on creating additional barriers to care.