The federal government has taken action to reverse long-standing policy requiring people with disabilities to receive services in integrated community settings. Last week, a federal judge agreed to remove references to “integration” from federal regulations tied to Section 504 of the Rehabilitation Act, a foundational civil rights law prohibiting disability discrimination. The decision came after the Justice Department declined to defend its own regulations in a lawsuit brought by several states challenging the legality of the integration requirement.
The shift marks a significant departure from decades of bipartisan support for community-based services for people with disabilities. The Justice Department, under the current administration, began changing its official position in June when it issued an opinion stating it no longer interprets disability law to require states to provide services in integrated settings. In July, the government announced it would stop relying on its own longstanding guidance on enforcing the integration mandate. These moves culminated in the federal government switching sides in the lawsuit and ultimately supporting the removal of integration language from the regulations.
Disability advocates and legal experts have expressed concern about the implications of the decision. While the court ruling does not eliminate integration protections established under the Americans with Disabilities Act or through decades of case law, legal experts warn that removing explicit regulatory language will create uncertainty about practical enforcement. Additionally, disability rights groups worry that states facing pressure to reduce Medicaid spending may use the regulatory changes as justification for cutting community-based services.
The reversal is particularly significant given that it involves the federal government asking courts to vacate its own rules, which legal experts describe as highly unusual. The Department of Health and Human Services had updated the integration regulations in 2024 to provide clearer guidance to states. Disability advocates are now pursuing alternative strategies, including pushing for proposed legislation to cement integration protections and working with individual states to strengthen their own disability laws. The Justice Department did not respond to inquiries about the rationale for its policy change.
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