It’s so easy to push children to the side. They’re small little creatures, loud on the playground and completely silent in the halls of government. And apparently, children with disabilities are among the easiest to push, not just aside, but completely over.
President Trump’s Department of Justice recently published a Federal Register notice that would upend the Supreme Court’s decision in Olmstead v. L.C., which has ensured for a quarter century that children with disabilities can grow up with their families, attend school in their communities, and receive services in the least restrictive setting appropriate to their needs. An earlier DOJ memo called into question the longstanding and widely shared understanding of the ADA’s “integration mandate”— the requirement that kids with disabilities should receive services in the most integrated setting appropriate instead of in an institution. The Federal Register notice says the Administration will no longer rely on previous guidance regarding the mandate.
“At its core, Olmstead asks a fundamental, human question,” First Focus on Children’s economic security lead Chad Bolt writes. “Should children with disabilities have to leave their families and communities in order to receive the services they need? For decades, the answer has been ‘no.'”
A potentially saving grace for the children who could be affected by this new rule: Congress has a say. Lawmakers could pass legislation that would block the Trump Administration from implementing this disturbing new interpretation of Olmstead.
The question is: Will they?