The following statement is published in conjunction with the National Disability Rights Network, the nonprofit membership organization for protection and advocacy agencies such as DRTx.
On September 23, 2026, the district court in Texas v. Kennedy issued an Order and Final Judgment, granting the joint motion recently filed by the U.S. Department of Justice (on behalf of the U.S. Department of Health and Human Services, the defendant in the lawsuit) and the states of Texas, Florida, Alaska, Montana, Louisiana, which are the remaining plaintiffs. This order approves the parties’ settlement agreement and resolves the states’ claims.
Seventeen states (twelve states eventually dismissed their claims, leaving the five remaining states as plaintiffs) filed an Amended Complaint in January 2026, challenging the entirety of the 2024 updated regulations under Section 504 of the Rehabilitation Act of 1973, a law that prohibits disability discrimination by entities (including states) that receive federal funding.
The states argued that the 2024 updated Section 504 regulations violated the Administrative Procedure Act, were unconstitutional, could not be enforced and must be set aside or vacated. This included provisions on integration, adoption and foster care and child welfare, childcare, colleges and universities, communication, emergency medical services, health care access, medical equipment and facilities, and public health.
The court’s order approving the parties’ settlement agreement says that the 2024 Section 504 regulations relating to integration are vacated. The court’s order does not:
- affect other provisions of the 2024 Section 504 updated regulations;
- vacate the Department of Justice’s Section 504 regulation, 28 C.F.R. § 41.51(d) (“Recipients shall administer programs and activities in the most integrated setting appropriate to the needs of qualified persons [with disabilities]”);
- change the statutory requirements under Section 504;
- change the statutory or regulatory requirements under the Americans with Disabilities Act;
- overrule Olmstead v. L.C. or any other court decisions on rights to community integration;
- contain any finding that Section 504 is unconstitutional or invalid; or
- require states to reduce funding for home and community-based services.
In summary, the court’s order removes one part of the 2024 Section 504 rules, but important rights to live and receive services in the community remain in place. Disability Rights Texas remains committed to protecting the right of people with disabilities to live, receive services, work, and participate in our communities.
See our blog post for a plainer language version of this statement.