Recent federal actions have prompted questions about how disability laws may be interpreted and enforced. Here’s what families need to know.
Over the past several weeks, the U.S. Department of Justice has taken a series of actions that have drawn attention from disability organizations across the country. While these actions do not change the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or the Individuals with Disabilities Education Act (IDEA), they could influence how the federal government interprets and enforces disability laws in the future.
Because these developments are occurring through court cases, legal opinions, and agency guidance rather than new legislation, they can be difficult to follow. Here’s a summary of the recent changes.
Recent developments
A court case involving Section 504
The U.S. Department of Justice is appealing a federal court decision in a lawsuit brought by the National Association of the Deaf regarding the availability of American Sign Language interpreters during White House press briefings.
As part of that appeal, government attorneys have argued that individuals may not have a private right to sue federal agencies directly under Section 504 of the Rehabilitation Act. Instead, they argue that some claims should proceed through other legal processes.
This is a legal argument in an ongoing court case, not a court ruling. The courts have not adopted this position, and the case remains pending.
Changes to Justice Department guidance
On July 20, the Department of Justice issued a notice stating that its long-standing guidance explaining the ADA’s integration mandate and the Supreme Court’s Olmstead v. L.C. decision is not legally enforceable guidance and will no longer be relied upon in the Department’s enforcement of Title II of the ADA. The Department also announced that it plans to review the guidance in light of more recent Supreme Court precedent.
The guidance, first issued in 2011 and updated in 2020, has helped explain how the Department interprets the ADA’s requirement that people with disabilities receive services in the most integrated setting appropriate to their needs. Although the guidance itself does not have the force of law, it has been widely used to explain how the Department approaches enforcement.
Why are advocates concerned?
Disability organizations have expressed concern that these recent actions could make it more difficult to enforce disability rights or could lead to changes in how federal agencies investigate and litigate disability discrimination claims.
Advocates note that federal guidance and enforcement priorities often influence how disability laws are implemented, even when the underlying statutes remain unchanged.
At the same time, it is important to remember that these recent actions have not changed the law itself.
Today:
- The Americans with Disabilities Act remains federal law.
- Section 504 of the Rehabilitation Act remains federal law.
- IDEA remains federal law.
- The Supreme Court’s Olmstead decision has not been overturned.
What may change over time is how the federal government interprets and enforces those laws. Additional court decisions or future agency actions could further clarify these issues.
What families can do
While these legal developments continue, families can:
- Continue requesting accommodations and services under existing disability laws.
- Keep copies of evaluations, IEPs, Section 504 Plans, and other important records.
- Document concerns if accessibility or discrimination issues arise.
- Stay informed as these cases and policy changes develop.
- Reach out to organizations like Encircle Families if you have questions about disability rights, educational services, or available resources.
Looking ahead
Federal disability policy continues to evolve through court decisions, agency guidance, and administrative actions. Encircle Families will continue monitoring these developments and sharing information to help families understand what changes may mean in everyday life.
Learn more:
- Read our previous post about the Department of Justice’s legal opinion regarding disability rights.
- Read our recent coverage of proposed changes affecting federal special education oversight.
- Learn about the petition organized by national disability organizations regarding proposed federal changes.
Source: Disability Scoop reporting published July 16 and July 20, 2026, along with the U.S. Department of Justice’s July 20 Federal Register notice.
