Texas v. Kennedy Settlement

A federal judge in Texas v. Kennedy approved a proposed settlement. The settlement removes some Section 504 community-integration rules from the U.S. Department of Health and Human Services regulations. MODDC strongly disagrees with this decision.

This decision does not remove the long-standing protections that support the right of people with disabilities to live in their communities. The judge did not say that:

• The Section 504 integration rules are unconstitutional or invalid.
• Section 504 itself is unconstitutional or invalid.
• The right to live in the community is unconstitutional or invalid.

The ruling changes only certain parts of the 2024 rule. These protections are still in effect:

• Section 504 and its final regulations.
• The Americans with Disabilities Act (ADA) and its final regulations.
• The Supreme Court’s Olmstead decision.

The rules being removed clearly said that people with disabilities should live in the most integrated setting that fits their needs.

Removing this clear guidance is a serious setback. People with disabilities should not be placed in a more restrictive setting when they can live and receive services in the community.

MODDC will continue working with people with disabilities, their families, and our partners to protect and enforce the right to live in the community.

What Changed?

Some Section 504 protections have been removed or changed.

• Colleges and universities: The changes affect colleges and universities. The rules are no longer as specific about community integration. The focus may now shift to less clear requirements under Title II and Title III of the ADA and their regulations. (45 C.F.R. § 84.43(d))
• Organizations that receive federal money: These organizations may no longer have to run their services in ways that help people with disabilities live and take part in the community under Section 504. The focus may now shift to less clear requirements under Title II and Title III of the ADA and their regulations. (45 C.F.R. § 84.68(d))
• Existing buildings and facilities: The rules no longer include a clear requirement to provide services in integrated settings. The focus may now shift to less clear requirements under Title II and Title III of the ADA and their regulations. (45 C.F.R. § 84.22(b))
• “Most integrated setting” definition: The definition of “most integrated setting” was removed. The focus may now shift to less clear requirements under Title II and Title III of the ADA and their regulations. (45 C.F.R. § 84.10)
• Community integration services: The detailed Section 504 integration rules in 45 C.F.R. § 84.76 were removed. People with disabilities may now have to rely on the less clear requirements under Title II and Title III of the ADA and their regulations.
• Medical facilities: The specific Section 504 integration rule for medical facilities was removed. People with disabilities may now have to rely on the less clear requirements under Title II and Title III of the ADA and their regulations. (45 C.F.R. § 84.93(b))