POLITICS

United States limits federal disability integration obligations

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The U.S. Department of Justice has issued a 39-page Office of Legal Counsel memorandum concluding that state governments have no federal legal obligation to provide community-based services to individuals with developmental or mental disabilities. Signed by Lanora C. Pettit, the principal deputy assistant attorney general for the OLC, the opinion states that neither Title II of the Americans with Disabilities Act nor Section 504 of the Rehabilitation Act requires states to serve such individuals in the most integrated setting appropriate. Requested by the White House counsel, the memorandum now sets the executive branch’s formal legal position and is expected to shape civil rights enforcement and funding decisions.

Prepared by Lauren Mitchell and reviewed by editorial team.

Timeline of Events

1999 Supreme Court decides Olmstead v. L.C.
1999 Court finds unjustified institutionalization discriminatory
Subsequent years agencies apply integration mandate
Recent months White House counsel seeks guidance
Recently Justice Department drafts 39-page memorandum
Recently Lanora C. Pettit signs legal opinion
Recently OLC issues binding executive-branch interpretation
Now civil rights enforcement approach significantly narrowed

News Intelligence

This decision could impact services for those with developmental or mental disabilities. If you or a loved one rely on state-provided community-based care, changes may be coming. Keep an eye on local news and reach out to your state representatives for more information.