September 16, 2026
Administration and Capitol Hill Updates
House and Senate Return from August Recess
This week, both the House and Senate will be in session for the first time since early August. The federal government is set to receive funding through December 11, 2026, which will allow Congress space to focus on November elections. Expect to see developments on the following issues before Congress adjourns for election season:
- Appropriations – While the House introduced a full slate of Appropriations this spring, the Senate has not unveiled any fiscal year (FY) 2027 funding measures. It is unclear if anything will be introduced prior to November.
- Medicaid Fraud – The Administration and Congress continue to be focused on rooting out state Medicaid fraud. Expect several bills related to fraud to be introduced in both the House and Senate before November. TASH continues to follow state-level developments, including states which have stopped accepting Medicaid patients into programs for children with autism.
- Other issues – data centers, cryptocurrency, and college sports will be front and center in the coming weeks.
Head of the Department of Education’s Office of Special Education and Rehabilitation Services Resigns
Kelly Rogers, the acting Assistant Secretary of the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS), announced her resignation effective September 11, 2026. Rogers was appointed to lead OSERS in May of this year. The resignation comes as the Department of Education continues to transfer staff working on special education and rehabilitative service programs to the U.S. Department of Health and Human Services (HHS) through interagency agreements. OSERS oversees federal programs and funding related to special education, including programs authorized under the Individuals with Disabilities Education Act (IDEA).
The Department of Education has stated that it will continue to be responsible for implementing and enforcing IDEA, even as certain programs and personnel are transferred to HHS. Kristen Baesler, the Education Department’s Assistant Secretary for Elementary and Secondary Education, will take over for Rogers beginning September 15, 2026. According to her biography, Baesler does not appear to have direct experience with students with disabilities. She was elected the State Superintendent of K12 Schools in North Dakota and previously served as the President of the Council of Chief State School Officers. TASH will continue to monitor and provide updates on developments within OSERS and HHS going forward.
U.S. Department of Justice Proposes to Remove Community Integration Provisions from Section 504 Regulations
On August 31, the U.S. Department of Justice (DOJ), on behalf of the U.S. Department of Health and Human Services (HHS), joined Alaska, Florida, Louisiana, Montana, and Texas in filing a proposed resolution in Texas v. Kennedy. The filing asks a federal court to remove references to community integration from HHS’s 2024 regulations implementing Section 504 of the Rehabilitation Act.
The proposed resolution would remove the integration provision and related references from the HHS Section 504 regulations. It would not change Section 504, the Americans with Disabilities Act (ADA), or the Supreme Court’s decision in Olmstead v. L.C. The other portions of the 2024 HHS Section 504 regulations would remain in place. The proposed resolution is now before the federal court. If approved, the community integration provisions would be removed from the HHS Section 504 regulations, while the underlying statutes would remain unchanged.
TASH will continue to work together with disability and education stakeholders to ensure that people with disabilities know that their rights have not been taken away. It is important to note that Olmstead, ADA, Section 504 claims can still be brought at both the state and federal levels.
Background Information:
Social Security Expands Compassionate Allowances List
On August 11, the Social Security Administration (SSA) announced the addition of 14 conditions to its Compassionate Allowances (CAL) list. The CAL program helps SSA quickly identify certain serious medical conditions that meet Social Security’s standards for disability benefits, allowing qualifying disability claims to be processed faster. The full CAL now includes 314 conditions.
- The updated list and information about the Compassionate Allowances program are available on the Social Security Administration’s Compassionate Allowances webpage.
TASH Advocacy Letters
- TASH joined other members of the Consortium for Constituents with Disabilities (CCD) Long Term Services and Supports Task Force in signing a letter supporting legislation to establish a Standard Occupational Classification (SOC) for Direct Support Professionals (DSPs). The legislation, known as the Recognizing the Role of Direct Support Professionals Act, would direct the federal government to consider creating a distinct occupational classification for DSPs. A separate SOC would allow the Bureau of Labor Statistics to collect more specific employment and wage data about the DSP workforce. The letter notes that DSPs provide a range of services through Medicaid Home and Community-Based Services (HCBS), including supporting individuals with disabilities with employment, skill development, communication, decision-making, and community participation.
Washington Update logo image credit: Romain Pontida, Creative Commons, Attribution-ShareAlike 2.0 Generic, some modifications.