08/15/2026
So what do you think??? Something happened recently that may impact where people with disabiliteis live. Let me break it down for you.
In Olmstead v. L.C., 527 U.S. 581 (1999), the Supreme Court held that Section 504 of the Rehabilitation Act AND Title II of the Americans with Disabilities Act (ADA) prohibits the unjustified segregation of individuals with disabilities. They said that public entities are required to provide community-based services to persons with disabilities when (a) such services are appropriate; (b) the affected persons do not oppose community-based treatment; and (c) community-based services can be reasonably accommodated, taking into account the resources available to the entity and the needs of others who are receiving disability services from the entity.
The Supreme Court explained that placing a person in an institutoin who can handle and benefit for living in the community perpetuates unwarranted assumptions that all people wiht disabilities are incapable or unworthy of participating in community life. Also, that institutionalizing a person severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment. As a result of the Supreme Court decision, the Department of Justice (DOJ) created a technical assistance guide to assist individuals in understanding their rights and public entities in understanding their obligations under the ADA and Olmstead. The belief is that individuals with disabilities must have opportunities to live their lives like individuals without disabilities.
On June 18, 2026, the U.S. Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum arguing that the 504 and ADA laws do not require states to provide services to people with mental disabilities in the most integrated setting appropriate to their needs. The opinion challenges the long-standing interpretation of Olmstead v. L.C., the 1999 Supreme Court decision recognizing that unjustified institutionalization of people with disabilities can constitute discrimination under the ADA.
Now the laws have not changed or overturned. It is a shift in thinking and on July 20, the DOJ clarified their statement by saying they will not recognize that technical assistance guidance that was developed to support the previous way of thinking that will change the way civil rights investigations and compliance issues are handled.
This could have major implications for the rights of people with disabilities to live and receive services in their communities rather than in segregated institutions.
What can be done? TASH is working with disability and education stakeholders to ensure that people with disabilities know that their rights have not been taken away. This clarification DOES NOT overturn the Olmstead decision, and it still remains law. Additionally, it is important to note that Olmstead, ADA, Section 504 claims can still be brought at both the state and federal levels.
This information was taken from the federal register at https://www.federalregister.gov/documents/2026/07/20/2026-14566/clarification-on-department-of-justice-guidance-titled-statement-of-the-department-of-justice-on, ADA.gov, and TASH newsletter.
Read more the guidance here - https://www.ada.gov/resources/olmstead-mandate-statement/
But wait...there’s so much more...
New Rule Hindering Protections for Kids with Disabilities in Head Start
Specifically, Head Start would no longer be required to:
1. Provide developmental assessments to every child.
2. Make accommodations so children with disabilities can fully participate in all aspects of the Head Start program.
3. Follow the current directive that children can’t be turned away because of a disability or chronic health condition.
4. Follow federal guardrails on temporary suspensions or the current prohibition on expulsion.
5. Support parents navigating the IEP process.
• Public comments on this proposed rule are due by October 6, 2026. https://458rl1jp.r.us-east-1.awstrack.me/L0/https:%2F%2Fwww.federalregister.gov%2Fdocuments%2F2026%2F08%2F07%2F2026-16134%2Freducing-federal-burden-for-head-start-programs/1/010001a001d10945-a5eb9299-e710-49d2-a846-0737ed13ff5f-000000/xNiU0cYom0SEM_kWnjTlGgulPUs=473
• On July 30, a federal judge declined to block the Medicaid work rule, which is scheduled to be implemented by January 1, 2027.
Read about changes for people who need long-term care, medicaid and more...from the TASH website: https://tash.org/advocacy-tools-resources/
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