July 22, 2026FOR IMMEDIATE RELEASE
National Council on Severe Autism Statement on DOJ Clarification Regarding Olmstead Guidance
The National Council on Severe Autism (NCSA) offers the follow comments on the notice published by the U.S. Department of Justice (DOJ) Civil Rights Division in the Federal Register (91 FR 45287, filed July 17, 2026, and published July 20, 2026) clarifying the legal status of the Department's 2011 "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." (the "Olmstead Guidance").
The notice does not overturn or modify the Supreme Court's 1999 decision in Olmstead v. L.C., which remains binding law. Rather, DOJ states that the 2011 Olmstead Guidance document — an eighteen-question technical assistance guide the Department had used to explain how it enforces the ADA's integration mandate — is, and always has been, non-binding sub-regulatory guidance with no independent force of law. DOJ notes that some courts had nonetheless treated the guidance as authoritative, and that this clarification is intended to correct that confusion. The Department also states it intends to revisit the guidance in light of the Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, and that it will not rely on the 2011 guidance document in future Title II enforcement.
This notice follows a separate June 18, 2026 memorandum from the DOJ Office of Legal Counsel that offered a narrower reading of what Olmstead and the ADA's integration mandate require of states. NCSA is monitoring both developments and their practical implications for families and providers.
NCSA does not believe this notice changes the underlying legal protections that allow individuals with severe autism to receive services in the community or other setting that is right for them. Our community has long understood, from direct experience, that "integration" is not one-size-fits-all: for many individuals with severe autism, profound intellectual disability, self-injurious behavior, or complex medical needs, the most appropriate, safest, and most enabling setting may be the family home, a licensed group home, a supported living home, an intentional community or an intermediate care facility (ICF), depending on the individual's needs and their guardian's informed judgment — not a default assumption that a generic community placement is always preferable.
NCSA supports laws, regulations, and enforcement practices that:
Preserve a full continuum of residential and service options — home-based, community, group home, and ICF settings — so that individuals and their guardians, not government mandates, can choose what best fits their needs;
Ensure that "most integrated setting" determinations are made individually, with meaningful input from families and guardians, and are never used to force placement decisions in either direction — neither compelling institutionalization nor compelling community placement against clinical judgment or family wishes;
Maintain robust funding, staffing, and oversight for whichever setting a family chooses, so that quality and safety do not depend on which residential model is selected.
What this means for families right now
NCSA wants to be clear: this is a notice about the legal status of a technical guidance document, not a change to the ADA, Section 504, or the Olmstead decision itself. NCSA will continue to track how DOJ's stated plan to revisit the guidance unfolds, will engage with policymakers on behalf of our community, and will keep members informed as this develops.
The National Council on Severe Autism advocates for policies that ensure individuals with severe autism have access to quality services and supports across the full range of residential settings — including family homes, community group homes, and intermediate care facilities — based on individualized need and family choice.