DOJ Opinion on Olmstead

Ongoing Support

Jul 21

On June 18, 2026, a DOJ opinion was issued that weakened the federal protections offered by Section 504 and Title 2 of the Title 2 of the ADA. It reduces the protections and oversight provided by the federal government against discrimination that prevents individuals with disabilities from living in their communities. According to the Parnas Perspective, the DOJ memo argues that states may disregard long-standing interpretations of Section 504 and the ADA that stem from the Supreme Court decision in Olmstead, which held that people with disabilities should not be unnecessarily segregated in institutions (Parnas Perspective, June 24, 2026).

Many disability rights advocates remember when institutionalisation of persons with disabilities was a common practice. The nation was awakened to these gross human rights violations, including medical experimentation, when Geraldo Rivera broke the story of the children at WillowBrook State School. Overall, it was investigated and determined the home and community-based services (HCBS) delivered offered better outcomes, and the last of these institutions in Tennessee closed in the 1990’s.

Scenarios of what could be happening

The "One Big Beautiful Bill Act" (OBBBA) cut $1trillion from Medicaid.

Medicaid supports up to ⅔ o HCBS, ranging from direct care, transportation, to medical care and employment. If you want to learn more about Medicaid and why it is a lifeline for individuals with disabilities and HCBS, listen to this podcast with Leo Cuello, J.D., Research Professor at the Center for Children and Families(McCourt School of Public Policy) at Georgetown University. https://youtu.be/DnIPmBUIwGk

Other news:

On June 16, 2026, the U.S. The Department of Education moved:

Office of Special Education to the U.S. Department of Health and Human Services (HHS)

Office for Civil Rights (OCR) to the U.S. Department of Justice (DOJ). This reinstates a regressive medical model of disability, backtracking on 50 years of disability civil rights progress. So even though IDEA has not been dismantled, “providing” a pathway to free appropriate public school education for students with disabilities, it reduces federal oversight and technical assistance to States.

On June 25, 2026, Rep. Suzanne Bonamici introduced a resolution to impeach Education Secretary Linda McMahon, stating that McMahon violated her oath of office, illegally transferred the operations of the Department of Education (ED) to other federal agencies without the consent of Congress, including:

Moving Federal Student Aid to the Treasury Department
Moving Special Education programs to Health and Human Services under Robert Kennedy Jr
Moving the Office of Civil Rights to the Department of Justice.

Today’s Call to Action:

National Disability & Home Care Rights Coalition, in coordination with the Ohio Disability & Home Care Rights Coalition, has developed a National Unity Statement to protect community living, home and community-based services, Olmstead, Section 504, and the Disability Civil Rights.

The following petition represents “ 50 states. One fight. Protect Community Living”

Here is your link to endorse https://forms.gle/vMJ7uzA2Uadvv2VK9