In a notice posted in the public inspection site and scheduled for publication in the Federal Register on July 20, 2026, the Department of Justice (DOJ) announced that the “Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.” (Olmstead Guidance) and similar guidance documents are not enforceable.
The Olmstead Guidance, which has been in place since 2011, implements the requirement under Title II of the Americans with Disabilities Act (ADA) regulations to administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. DOJ also stated that it planned to revisit the Olmstead Guidance in light of the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024), to assess whether the Olmstead Guidance is consistent with the single best meaning of the relevant statutory text. DOJ will not rely upon the Olmstead Guidance in its enforcement of Title II of the ADA.