A federal judge has removed 'integration' requirements from Section 504 regulations after the Justice Department declined to defend its own rules in a lawsuit.
Key facts
- •The Trump administration's actions reversed a policy that had been in place for nearly 50 years.
- •The Justice Department declined to defend its own rules in the Texas v. Kennedy lawsuit.
- •The court's ruling removes explicit requirements for federally funded programs to provide services in the 'most integrated setting.'
- •The Department of Justice requested that a 2023 court victory regarding services for children in Florida be vacated.
- •Delaware has passed state legislation to incorporate the integration requirements removed from federal law.
The Trump administration has taken steps to reverse long-standing federal policy requiring that people with disabilities be served in the most integrated setting possible. A federal judge recently struck down integration mandates from regulations tied to Section 504 of the Rehabilitation Act after the Justice Department stopped defending the rules in the lawsuit Texas v. Kennedy.
Shift in Federal Legal Position
The federal government was originally the defendant in the Texas v. Kennedy lawsuit, which challenged the integration mandate. The administration subsequently switched sides, agreeing with the states that the requirement should be removed. In June, the Justice Department issued an opinion stating it no longer interpreted disability law to require states to treat mentally disabled patients in the most integrated setting, and in July, it announced it would stop relying on its own guidance regarding the mandate.
Impact on Enforcement and State Policy
The court's decision removes language from Section 504 that required federally funded programs to provide services in the most integrated setting. Legal experts note that while protections under the Americans with Disabilities Act and the Supreme Court's Olmstead decision remain, the lack of clarity in Section 504 may impact how states behave, particularly as they face pressure to cut Medicaid spending. In one instance, the government asked a court to vacate its own 2023 victory in a case involving children with complex medical needs in Florida, seeking to have the case heard again.
Advocacy and Legislative Response
Disability rights advocates are responding by pursuing state-level protections and federal legislation. Delaware has already passed a law incorporating the stripped Section 504 regulations, and leaders in other states are exploring similar measures. At the federal level, some lawmakers have introduced a resolution supporting the traditional interpretation of the Olmstead decision, while others are pushing for the Latonya Reeves Freedom Act to codify integration rights into federal law.
Timeline
- 1973Congress passed Section 504 of the Rehabilitation Act.
- 1977Advocates won the regulations that made Section 504 enforceable.
- 2013The Justice Department sued Florida over services for children with complex medical needs.
- 2023The federal government won its case against Florida.
- 2024The Department of Health and Human Services updated regulations to clarify state obligations.
- June 2025The Justice Department issued an opinion stating it no longer required states to treat patients in the most integrated setting.
- July 2025The Justice Department announced it would stop relying on its own guidance for the integration mandate.
- August 2025The government asked a federal court to throw out its 2023 victory in the Florida case.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by NPR Health.
