|
US Justice Department Issues Memo Weakening Disability Rights
On June 19, the U.S. Department of Justice Office of Legal Counsel issued an opinion that threatens one of the most important civil rights protections for people with disabilities: the right to live and receive services in the community, not be unnecessarily confined to institutions.
The opinion targets Olmstead v. L.C., the 1999 U.S. Supreme Court decision that recognized institutional isolation of people with disabilities as discrimination under the Americans with Disabilities Act (ADA).
The DOJ opinion is not a court decision. It is an internal opinion on the Executive Branch’s legal position. It doesn’t erase Olmstead or change Supreme Court precedent for its interpretation. It doesn’t eliminate the ADA, Section 504, or the regulations that protect community living. Courts are not bound to enforce a DOJ opinion, and the DOJ itself acknowledges that this opinion is “out of step” with how federal courts have interpreted Olmstead.
However, the opinion does determine what the DOJ and the Department of Health and Human Services (HHS) will enforce and defend, and what they may move to rescind. Rights erode when the federal government refuses to enforce them, and this opinion undermines one of the strongest protections people with disabilities have against institutionalization.
NPR shared strong concerns from disability advocates in their coverage of the decision, including a statement from The Arc of the US. "This opinion is a direct threat to decades of progress toward community living for people with disabilities," said The Arc Senior Executive Officer of Legal Advocacy and General Counsel. "People with disabilities shouldn't be forced into institutions because a state refuses to provide services in the community."
OPWDD Commissioner Willow Baer issued a statement on her LinkedIn page asserting that, “New York remains unwavering in its commitment to the values embodied in Olmstead and will continue to champion self-determination, expand opportunities for community living, and work alongside people with disabilities, families, advocates, providers, and our government partners to ensure that every person has the opportunity to lead a life of meaning, connection, and purpose in the community of their choosing.”
The DOJ opinion is upsetting, but it’s important to understand what has changed and what hasn’t. The Arc of the United States issued a full statement, including FAQs and additional context related to Olmstead. Read it here for more information on what the decision means for disability rights and community living.
We will keep you updated on actions and positions the state plans to take in response to the DOJ Memo, and how we can advocate together to ensure disability rights are upheld.
Special Education Oversight Offices Transferred to HHS and DOJ
Last week, the US Department of Education announced plans to transfer key special education oversight offices outside the Department of Education. The full USDE announcement and details of the Interagency Agreements (IAAs) can be found here.
Under the new Interagency Agreements:
- The Office of Special Education and Rehabilitative Services (OSERS), which oversees a range of special education, vocational rehabilitation, and disability-related programs, would be moved to the Department of Health and Human Services (HHS), and
- The Office of Civil Rights (OCR), which enforces federal civil rights laws in education, would be transferred to the Department of Justice (DOJ).
Many implementation details remain unclear. Questions remain regarding timelines, staffing, funding, oversight, and how these changes could affect services and rights enforcement. Some aspects of the proposed changes may also require Congressional action or face legal challenges. The Administration uses the word “partnership” throughout their press statements, recognizing that statutorily, many of these programs are obligated to be overseen by USDE.
You can learn more about the plan and the risks to students with disabilities from The Arc US here. They are closely monitoring the situation, and we will continue to work with them to provide updates and opportunities to take action.
Sign-on to Denounce USDE Changes to OCR and OSERS
Disability Rights groups have drafted a statement denouncing the transfer of the Office of Special Education and Rehabilitative Services (OSERS) and the Office for Civil Rights (OCR) outside Department of Education oversight.
The Arc New York and several Chapters have already signed on to the letter, which can be found here. If your Chapter would like to sign on to the letter, they will accept rolling additions through this form until June 25.
NY to Testify at Federal Hearing on Medicaid Program Integrity
The House Energy and Commerce Oversight subcommittee is holding an in-person hearing titled “State Medicaid Program Integrity: Examining Fraud Risks and Oversight Deficiencies” on Thursday, June 25 at 10:15 am. This hearing continues the Administration’s and legislative attacks on Medicaid/HCBS, and the threats to Medicaid funding based on accusations of Waste, Fraud and Abuse (WFA) that we detailed in our April 17 update.
State Medicaid Directors from California, New York, Minnesota, and Ohio will be the testifying witnesses. The Arc of the United States is working with minority staff of the Energy and Commerce Committee to prep for the hearing.
KFF created a comprehensive brief on “What to Know About Recent Federal Actions Involving State Medicaid Program Integrity,” which provides background and timelines related to CMS inquires of WFA for California, Florida, Maine, and New York.
You can view the hearing announcement here, and view it live Thursday here.
DOB Accepts NYSED’s 2026-27 Methodology Proposal
The NYS Division of Budget (DOB) officially responded to NYS Education Departments’ (NYSED) 2026-27 methodology proposal for pre-school and school-aged programs. They approved the following, consistent with NYSED’s requests:
- 2.7% growth for tuition rates
- 4% growth in evaluation rates applied statewide
-
First year Special Class in an Integrated Setting (SCIS) rates based on regional rates rather than the lesser of budgeted costs or the regional rates
- $8 million in Excessive Teacher Turnover Prevent Program (ETTPP) funds
- Continuation of previous reforms: interim plus plus rates, higher of, 35% non-direct care, etc.
You can read a joint letter from advocates on our requests for the coming term here. We will follow up once NYSED posts the 2026-27 methodology letter online.
Reminder: OPWDD Strategic Planning Forums in Full Swing
OPWDD is holding forums across New York State this summer to share updates about their work and hear from you, as they officially kick off work on the agency's Strategic Plan for the next five years.
This year's forums will be interactive, with more opportunities to share your thoughts on:
- Navigating the OPWDD system
- What High Quality Services Mean to You, and
- Planning for the future of OPWDD
Regional and virtual forums have been scheduled in June and July. Get the full schedule and sign up to participate here.
| 
