DOJ Issues Opinion on Integration Mandate

The U.S. Department of Justice (DOJ) recently released a legal opinion about the integration mandate under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The opinion explains how the DOJ believes these laws should be interpreted and enforced.

The integration mandate says people with disabilities should receive services in the most integrated setting that meets their needs. For many people, this means living, working, and participating in their communities instead of living in an institution.

Why does this matter?

For more than 25 years, the integration mandate has helped many people with disabilities receive services in their communities instead of institutions. It has supported opportunities to live more independently and be part of community life.

What does the opinion say?

The DOJ opinion makes three main points:

• First, it says the 1999 Supreme Court Olmstead decision does not require states to always provide services in community settings. Instead, the DOJ says Olmstead only found that unnecessary institutionalization can be disability discrimination in certain situations.
• Second, it says the ADA and Section 504 prohibit disability discrimination but do not require services to always be provided in the most integrated setting.
• Third, it says federal agencies should review regulations and guidance based on the integration mandate because the DOJ believes they go beyond what Congress intended.

What has not changed?

It is important to know that:

• The ADA has not changed.
• Section 504 of the Rehabilitation Act has not changed.
• The Olmstead Supreme Court decision has not changed.
• The opinion is not a new law.
• People may still file an Olmstead lawsuit in court.
• This opinion focuses on the integration mandate. It does not remove the broader disability rights protections in the ADA and Section 504.

What happens next?

The opinion does not immediately change the law or end community-based services.

However, it does change how the DOJ interprets the law. Federal agencies may review or revise regulations and guidance related to the integration mandate. Future court cases may also help determine how these laws are interpreted.

LaDDC will continue to monitor this issue and share updates as more information becomes available.

Learn More and Share Your Views

You can read the full DOJ opinion to learn more about these changes.

Whether you support or oppose the DOJ’s opinion, sharing your views with your elected officials is one way to participate in the public policy process.

You can contact your elected officials using these links: contact your U.S. Senators and contact your Congressional Representative.

Whatever your views may be, your voice matters!