Missouri Developmental Disabilities Council MODDC Statement on Olmstead and DOJ Memo (released 6.18.2026)
Published June 29, 2026
What’s Happening?
The recent Department of Justice (DOJ) opinion says the federal government has been going too far when they interpret the “integration mandate” to the rules for Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
The integration mandate allows people with disabilities to receive services in the community rather than in institutions.
The U.S. Supreme Court (Olmstead Decision), 27 years ago, said that separating people with disabilities from others makes their daily lives worse and breaks rules that protect them from unfair treatment by public agencies. Segregation is discrimination.
The new DOJ opinion tells federal agencies to stop enforcing the integration mandate. It goes against many years of civil rights law.
What’s MODDC Concerned About?
This memo does not change the law or cancel the Olmstead Decision, but it does change how the rules are carried out. MODDC is concerned that if the integration mandate is no longer enforced it could lead to:
- Tax dollars wasted on institutional care. Living in institutions is more expensive than community living. It would move public money from freedom to institutions.
- More Medicaid cuts. Funding for home and community-based services (HCBS) could be at greater risk when states make budget decisions. Because of very large cuts to federal Medicaid funding (HR 1), states like Missouri will already have to make hard choices about funding for HCBS. This memo tries to let states and the federal government avoid paying for HCBS, and it connects directly to the cuts made in HR 1.
- Longer waitlists and making it harder to improve services.
- State HCBS services could become less stable, and ongoing harmful talk that devalues these services.
- Federal policies in the future undoing many years of progress for disability rights.
- Impacting all services, programs, and activities covered by Title II of the ADA and Section 504, including programs and services in the most inclusive setting like education.
- States, state agencies, and private lawsuits will now have to do more to protect the goals of Olmstead.
- This creates a group of people whose choices and freedom are controlled by the government.
What MODDC Believes:
The federal government may be stepping back, but Missouri cannot. MODDC must continue to protect the independence of Missourians with disabilities. MODDC believes:
- Forcing people with disabilities to live in institutions against their will is discrimination.
- People with disabilities should not be separated from others to get services. It should be a priority for support services to be provided in a person’s home in their community, not an institution (i.e. habilitation center, nursing home, hospital, etc.).
- People with disabilities have the right to get support in their communities, in the most inclusive setting that fits their needs best. • The government should not support rules that make it easier to send people with disabilities to hospitals, nursing homes, or institutions, or to treat them without their permission.
- The government should:
- Honor our country’s civil rights promise in the Olmstead Decision and the ADA. Keep protecting the rules that people with disabilities should be included in their communities.
- Uphold the entire Final Rule of Section 504 of the Rehabilitation Act, to include the integration mandate.
- Missouri should be a leader by not being included in the Texas v. Kennedy lawsuit. Participating in this lawsuit also puts the integration mandate at risk.
The DOJ’s new opinion on the integration mandate rolls back many years of progress toward independence and inclusion for people with disabilities. People with disabilities have spent over 50 years fighting for equal rights, and the progress they have made is worth protecting. We ask leaders to stop using this wrong and harmful view of the integration mandate.
