Federal Court Removes Community Integration Language From Section 504 Regulations

On September 23, a federal court approved an agreement in Texas v. Kennedy that removes community integration provisions from the U.S. Department of Health and Human Services’ 2024 Section 504 regulations. The order applies nationwide. It removes regulatory language that helped make clear that people with disabilities should receive services in their communities rather than be unnecessarily placed in institutions.

This is a serious setback, but the right to community integration remains in effect. The court’s order did not overturn the Supreme Court’s Olmstead decision or change the Americans with Disabilities Act or Section 504. Longstanding legal precedent continues to protect people with disabilities from unnecessary institutionalization and segregation. The order also leaves other parts of HHS’s 2024 Section 504 rule in place. 

The Arc of California shares the concerns of The Arc of the United States and other national disability rights organizations about the loss of these explicit protections in the regulations. We will continue to follow developments and keep our community informed. For more detail, read The Arc of the United States’ resource page or our earlier explanation of the case.