Federal Court Vacates Section 504 Provisions Related to Community Integration

In a devastating conclusion to the Texas v. Kennedy lawsuit, the U.S. District Court for the Northern District of Texas granted an order implementing a settlement between the federal government, Texas, and four other states. The court order vacates provisions referencing the long-standing right to community integration for people with disabilities in the U.S. Department of Health and Human Services (HHS) regulations implementing Section 504 of the Rehabilitation Act of 1973.

This order impacts all states, as it eliminates federal monitoring and enforcement. Section 504 prohibits discrimination on the basis of disability in federally funded programs, and these regulations have included integration provisions since 1977. The court’s order in Texas v. Kennedy accepting the parties’ agreement breaks with decades of case law recognizing and upholding the right of people with disabilities to live, learn, and work in their communities.

RCPA has encouraged the Pennsylvania Administration and Legislature to enshrine these protections in Pennsylvania law.

Contact Fady Sahhar with questions.