DOJ Requested Vacating Florida ADA Court Ruling
The Justice Department shifted its legal stance on integration mandates in a 2013 lawsuit against the state of Florida.
Updated on Oct. 1, 2026 in Special Education
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On August 13, 2026, the Department of Justice requested that the 11th U.S. Circuit Court of Appeals vacate a previous ruling from earlier that year. The move followed a June 18, 2026, opinion stating federal law does not impose an integration mandate on states.
Why it matters
The reversal marks a significant shift in federal legal strategy regarding the Americans with Disabilities Act. The government now argues that Title II of the ADA and Section 504 of the Rehabilitation Act do not require states to meet specific integration mandates.
A 2023 district court injunction had mandated that Florida provide at least 90 percent of authorized private-duty nursing services. It remains unknown how the court will rule on the motion to set aside the March 31, 2026, affirmation of the government's victory.
The players
Department of Justice
This is the federal executive department responsible for the enforcement of federal laws and the administration of justice in the United States.
11th U.S. Circuit Court of Appeals
This federal court hears appeals from district courts within Florida, Alabama, and Georgia.
Office of Legal Counsel
This office within the Department of Justice provides authoritative legal advice to the President and executive agencies.
The details
The lawsuit, which began in 2013 under Title II of the Americans with Disabilities Act, centered on how states manage integration for individuals with disabilities. The Department of Justice filed an unopposed motion to set aside the appeals court's recent ruling after its Office of Legal Counsel re-evaluated the federal interpretation of the law.
Timeline
Legal action against Florida was initiated in 2013.
A district court issued a decision favoring the government in 2023.
The 11th U.S. Circuit Court of Appeals affirmed the victory on March 31, 2026.
The Office of Legal Counsel issued a revised opinion on June 18, 2026.
The Department of Justice requested the court set aside the ruling on August 13, 2026.
Culture Shift
This development represents a major pivot in the interpretation of Title II of the Americans with Disabilities Act regarding state-level integration obligations. The federal government's reversal marks a departure from previous precedents established by district court injunctions in 2023.
The potential vacating of the court ruling may impact the delivery of private-duty nursing services for medically complex children in Florida. Residents relying on these state-provided services should monitor for updates on how the state adjusts its long-term care programs.
The takeaway
The Department of Justice's decision illustrates the fluidity of federal legal interpretations regarding disability services. Readers should be aware that judicial and executive stances on integration mandates can significantly change the delivery of state-managed healthcare resources.
Further reading
Learn more about the evolution of policies impacting Special Education across the state.
Source note: This article includes information reported by Alternet.
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