A recent Education Week article, “How New Federal Guidance on Disability Could Impact K-12 Special Education,” examines the potential implications of the U.S. Department of Justice’s recent shift in its interpretation and enforcement of Olmstead v. L.C. (1999). In that landmark decision, the U.S. Supreme Court held that unjustified institutional segregation of individuals with disabilities constitutes discrimination under Title II of the Americans with Disabilities Act (ADA). The Court recognized that individuals with disabilities should receive services in community-based settings when such placement is appropriate, is not opposed by the individual, and can be reasonably accommodated. In new guidance, the DOJ has taken a narrower view of Olmstead and indicated that it will no longer rely on prior Olmstead guidance in enforcing the ADA. Although this represents a significant change in the federal government’s enforcement approach, the Supreme Court’s decision has not been overturned.
The key takeaway for K-12 educators is that the DOJ’s revised position does not change school districts’ obligations under the Individuals with Disabilities Education Act (IDEA). Schools must continue to develop and implement individualized transition plans designed to prepare students with disabilities for postsecondary education, employment, and, where appropriate, independent living. Under IDEA, transition planning must begin no later than the first IEP in effect when a student turns 16, or earlier when required by state law. As the Education Week article emphasizes, educators should not interpret the DOJ’s guidance as diminishing the importance of preparing students with disabilities to participate meaningfully in their communities. School districts should continue to maintain high expectations, provide individualized transition services, and support students in developing the skills necessary for successful adult lives.
But we have to be clear: The guidance doesn’t change IDEA. The [DOJ is] interpreting Olmstead differently. But, ultimately, our responsibility to our students continues to be to have high expectations, continues to be independent living, and that’s what we need to be educating families about and being committed to.”
