The National Fragile X Foundation is closely following developments related to Olmstead v. L.C., the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and access to community-based services.
Recent federal actions have raised questions about how the Department of Justice (DOJ) will interpret and enforce disability rights related to institutionalization and community living. Because access to appropriate services and supports is important to many individuals living with Fragile X syndrome and their families, we want to provide an update on what has happened and what it means right now.
Recent Federal Actions
- June 18, 2026: DOJ issues legal opinion. The DOJ Office of Legal Counsel issued an opinion addressing the application of the ADA and Section 504 to state institutionalization practices. The opinion reflects the DOJ’s legal interpretation and does not change the text of either law or overturn the Supreme Court’s Olmstead v. L.C. decision.
- July 20, 2026: DOJ changes its approach to Olmstead guidance. DOJ published a Federal Register notice stating that its longstanding Olmstead guidance is not legally enforceable and that DOJ will no longer rely on that guidance when enforcing Title II of the ADA. Title II is the part of the ADA that applies to state and local governments and protects people with disabilities from discrimination in government programs, services, and activities. DOJ also indicated that it will review the guidance. This represents a change in federal enforcement approach, not a change to the text of the law.
Congressional and Disability Community Response
Members of Congress, disability organizations, and advocates have raised concerns about the potential impact of these actions on community living and access to services. Several letters have been sent to federal officials requesting reconsideration of the June 18 opinion.
What This Means for Families
- Olmstead v. L.C. remains a Supreme Court precedent and has not been overturned.
- The ADA and Section 504 remain federal law. Neither statute has been repealed or amended by these recent actions. Title II of the ADA applies to state and local governments, while Section 504 is a separate federal civil rights law that protects people with disabilities from discrimination in programs and activities that receive federal funding. Both laws can apply to access to community-based services and supports.
- DOJ’s approach to enforcing Title II of the ADA has changed. The potential impact of that change will continue to develop.
- The legal questions raised by the DOJ opinion remain unsettled. These questions may ultimately be addressed through further administrative action, legislation, or litigation.
Questions? Contact your State
If you have questions about how these developments may affect your individual situation, contact the state agency responsible for your services or supports, consider consulting an attorney familiar with disability rights, or contact your state’s Protection & Advocacy (P&A) organization. Every state and U.S. territory has a P&A agency. The Administration for Community Living provides information on P&A programs and a directory for finding your state’s Protection & Advocacy agency.
What’s Next
NFXF is actively engaged in federal advocacy on issues that affect individuals and families living with Fragile X syndrome and Fragile X-associated conditions.
We will continue to share information about these developments, including what is changing, what is not changing, and when there may be an opportunity for the Fragile X community to take action.
Additional Information
Letter from Tim Shriver
Tim Shriver, Chairman of Special Olympics, submitted a July 28 letter to HHS Secretary Robert F. Kennedy Jr. and then-Acting Attorney General Todd Blanche expressing concern about the June 18 DOJ opinion and its potential implications for community integration.
Many individuals and families in the Fragile X community participate in Special Olympics. We are sharing the letter as an additional resource for advocates who are interested in understanding how disability leaders are responding to these federal developments.
Latonya Reeves Freedom Act
The Latonya Reeves Freedom Act of 2026 was introduced in both the House and Senate on June 23. The legislation would establish requirements related to long-term services and supports and access to services in integrated settings. The House bill was introduced with bipartisan support.
The legislation is at an early stage and has been referred to committee. NFXF is sharing this information as background for advocates who want to understand current federal discussions related to community living and long-term services and supports. We are not currently asking advocates to take action on thi
