The “integration mandate”, handed down in the Olmstead decision, bans unnecessary segregation of people with disabilties and requires states and local governments to provide people with disabilties with community-based services and settings. Community-based services may look like a nurse coming to a person’s home to help them with personal-care services. Community-based settings, such as home modifications, help ensure people with disabilities remain integrated into their communities. 

But now, the services that more than 8 million Americans rely on are being challenged. A group of Republican-led states has brought forward a lawsuit, Texas v. Kennedy, in which they argue that the federal government cannot require states to provide disability services within communities. The Department of Justice has also issued a legal opinion aligning itself with the states in this case and says it will no longer enforce the Olmstead ruling in the way it has for the past two decades.

“We recognize that this view of Olmstead’s import is out of step with the common understanding of that decision within the federal courts,” the Justice Department wrote in the memo.  

NPR recently featured two siblings who are now fighting to keep their disability rights. 

“The integrated setting affects school. It affects where you can work. It affects community-based programs like what my brother uses,” Kaleigh Brendle told NPR. 

Disability rights advocates are now raising the flag about the dangers of this lawsuit and changes at the Justice Department. 

The National Down Syndrome Society recently said in a statement: 

“Community living is essential in helping individuals with Down syndrome thrive, and NDSS will continue to protect the legal right that individuals with disabilities have to receive services and live alongside their peers.” 

The attorneys at Kennedy Hunt PC are champions for the disability rights community and experts in civil rights law. If your rights have been violated, we can help. Please complete a questionnaire so we can understand your claim.

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The lawsuit states that our client’s minor children have serious health conditions and require frequent and unpredictable medical care for their chronic disabilities. Our client, as their primary caretaker, must attend their medical appointments and provide care for them.

The lawsuit alleges that at the time of his hiring, the school district was aware of the children’s medical conditions. According to the lawsuit, our client took multiple steps to ensure he had sufficient paid time off work to support his children, including enrolling in the Teachers’ Union Sick Bank and getting letters from doctors requesting accommodations.

The lawsuit alleges that on multiple occasions during our client’s employment, the school district did not allow our client to collect pay for sick days when he should have been entitled to do so.

The lawsuit alleges that the school district later retaliated against our client by refusing to renew his teaching contract, thereby terminating his employment, and then claimed our client “had not grown into the leader and educator the school is looking for.”

This case is ongoing. 

For more information, contact attorney Nicole Matlock at nmatlock@kennedyhuntlaw.com. If you or someone you know has been a victim of discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim.

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The lawsuit alleges that, during her employment, our client made complaints that General Motors was discriminating against her because of her disability, and also reported sexual harassment in the workplace. Our client has the medical condition of anxiety. 

The lawsuit claims that after our client’s mother died, General Motors denied our client one additional day of bereavement leave. Our client took the additional day, but when she returned, General Motors allegedly verbally attacked and issued her a warning for failing to comply with her job duties.

Afterward, the lawsuit alleges that our client took medical leave for approximately one month due to her anxiety. According to the lawsuit, when she returned, our client was told she was “not making him look good” and was “ruining his reputation.” 

The lawsuit further alleges that when our client asked for help with her supervisor, General Motors took no effective remedial action. Additionally, the lawsuit claims that General Motors wanted to put a younger person in our client’s role.

The lawsuit also claims that when our client later requested medical leave due to anxiety and/or stress, her short-term disability was denied. The lawsuit alleges that General Motors had previously called the disability leave insurer and instructed it to deny disability leave for other employees in the past.

General Motors then terminated our client’s employment in February 2026. 

This case is ongoing. 

For more information, contact attorney Nicole Matlock at nmatlock@kennedyhuntlaw.com. If you or someone you know has been a victim of discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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SSD says it will eliminate its use of “seclusion and supine restraint in all SSD schools, programs, partner districts, and contracted partner settings.” SSD also says that physical restraint will continue only “when the student’s behavior poses an imminent danger of physical harm to the student or another person.” 

This change comes after a DOJ investigation found SSD’s seclusion and restraint practices discriminated against students with disabilities and violated Title II of the Americans with Disabilities Act. The investigation claimed that during the two-year investigation, SSD secluded over 300 students almost 4,000 times and restrained almost 150 students nearly 800 times. 

“Parents should not have to worry that their children could be subjected to solitary confinement and dangerous restraint techniques at school because of their disabilities,” Assistant Attorney General Harmeet K. Dhillion of the Civil Rights Division said when the findings were released. 

Kennedy Hunt P.C. litigates seclusion and restraint issues and currently represents a minor child with disabilities in a case against Rockwood School District and SSD. 

According to the lawsuit, our client was repeatedly excluded from education on multiple occasions to punish him for behaviors consistent with his disabilities. The lawsuit also claims Rockwood School District and SSD used a blue mat to restrain and exclude our client on at least one occasion without the parent’s consent. The lawsuit alleges that our client developed PTSD as a result of his experiences at school. 

Our skilled attorneys are experts in education law. If you or someone you know has been a victim of discrimination based on disability, Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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The lawsuit alleges that MICDS knew our client, a minor student, had disabilities that affected her school experience. Rather than provide effective support, the lawsuit claims MICDS became increasingly punitive toward disability-related conduct and ultimately used a disciplinary incident as a basis to remove her from the school.

According to the complaint, our client was academically successful at MICDS and had received strong grades and honors. The complaint alleges, however, that she also experienced disability-related challenges at school, and that her parents repeatedly advocated for appropriate support.

The lawsuit further alleges that when our client became upset after learning that another student had bullied her friend, MICDS moved quickly toward expulsion and gave her parents less than 24 hours to withdraw her or face expulsion. The complaint alleges MICDS had already decided to remove her without a meaningful investigation.

The lawsuit also alleges that MICDS treated our client more harshly than non-disabled students who had engaged in more serious conduct, including physical altercations and threatening behavior, but were not expelled or similarly disciplined. The complaint further alleges that students involved in bullying were not meaningfully disciplined.

This case is ongoing. For more information, contact attorney Susannah “Susie” Lake at susie@kennedyhuntlaw.com. If you or someone you know has been a victim of discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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