Case 5:24-cv-00225-H Document 124-1 Filed 09/01/26 Page 1 of 2 PageID 26332
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
STATE OF TEXAS, et al.,
Plaintiffs, Case No. 5:24-cv-00225
v.
ROBERT F. KENNEDY, JR., in his official
capacity as Secretary of Health & Human
Services, et al.,
Defendants.
[PROPOSED] ORDER AND FINAL JUDGMENT
Upon consideration of the parties’ joint motion for entry of final judgment and the entire
record herein, it is hereby
ORDERED that the parties’ joint motion is GRANTED; it is further
ORDERED that judgment is entered for Plaintiffs with respect to the following provisions of
the final rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial
Assistance, 89 Fed. Reg. 40,066 (May 9, 2024) and/or of the Code of Federal Regulations, which are
hereby VACATED:
The definition of “Most integrated setting” in 45 C.F.R. § 84.10;
The final sentence of 45 C.F.R. § 84.22(b), Methods: “In choosing among available
methods for meeting the requirements of this section, a recipient shall give priority to
those methods that offer programs and activities to qualified individuals with
disabilities in the most integrated setting appropriate”;
45 C.F.R. § 84.43(d);
45 C.F.R. § 84.68(d);
45 C.F.R. § 84.76, in its entirety;
The final sentence of 45 C.F.R. § 84.93(b), Methods: “In choosing among available
methods for meeting the requirements of this section, a recipient shall give priority to
those methods that offer programs and activities to qualified individuals with
disabilities in the most integrated setting appropriate”; and it is further
ORDERED that the Court does not decide any other claim or legal issue beyond those
necessary to afford the relief specified in this judgment; and
ORDERED that the remainder of Count I and Counts II and III of the First Amended
Complaint, ECF No. 89, are hereby DISMISSED without prejudice; and it is further
ORDERED that this case is now closed.
SO ORDERED.
Date: _________________ ___________________________
James W. Hendrix
United States District Judge
The 10th Amendment of the Constitution reads "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Texas, Alaska, and Florida's arguement was that since it's not outlined in the Constitution as a civil right, it is their right as a state to say "yes, we want to bear the financial burden" or "no, we don't want to bear this financial burden."
However, this is why 504 Momvement has come about - to shove it down the state's throats that we need these protections. And not just in Texas, Florida and Alaska, but all 50.
Methods. A recipient may comply with the requirements of this section through such means as redesign or acquisition of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its programs or activities readily accessible to and usable by individuals with disabilities. A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. A recipient, in making alterations to existing buildings, shall meet the accessibility requirements of § 84.23.
Summary - the government no longer has to prioritize individuals with disabilities in education settings. However, they do still have to meet the standards for accessibility for the building itself, as outlined in § 84.23. (It's a giant guidebook on how to build a building that's going to be receiving federal funds.)
(a) No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular, or other postsecondary education aids, benefits, or services to which this subpart applies.
(b) A recipient to which this subpart applies that considers participation by students in education programs or activities not operated wholly by the recipient as part of, or equivalent to, and education program or activity operated by the recipient shall assure itself that the other education program or activity, as a whole, provides an equal opportunity for the participation of qualified persons with disabilities.
(c) A recipient to which this subpart applies may not, on the basis of disability, exclude any qualified student with a disability from any course, course of study, or other part of its education program or activity.
(d) A recipient to which this subpart applies shall operate its program or activity in the most integrated setting appropriate.
Summary - Your school district must educate your chiled. They can do so in either an integrated setting or segregated setting. It is the right of your school district to make this determination. They cannot deny you access to a particular program, activity or course of study because of your disability. Brown v. Board of Education rules apply - education can be separate, but must be equal.
So this is a rather lenghty Subchapter of the Code of Federal Regulations. There's a lot to it, but you're welcome to read through it using this link. This section is the general anti-discrimination section, prohibiting discrimination against people with disabilities from obtaining welfare benefits from the Department of Health and Human Services. What was removed from the text was specifically § 84.68(d), which reads "A recipient shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. "
Sumamry - A person recieving welfare benefits from ANY agency being subsidized by the Department of Health and Human Services no longer has the right to an integrated setting. Instead, they can segregate them from the rest of society until the person is cured of any ailing conditions. For persons whose conditions are incorrogible, this would mean permanent segrigation.
(a) Application. This section applies to programs or activities that receive Federal financial assistance from the Department and to recipients that operate such programs or activities.
(b) Discriminatory action prohibited. A recipient shall administer a program or activity in the most integrated setting appropriate to the needs of a qualified person with a disability.
(c) Segregated setting. Segregated settings include but are not limited to congregate settings that are populated exclusively or primarily with individuals with disabilities and may be characterized by regimentation in daily activities; lack of privacy or autonomy; or policies or practices limiting visitors or limiting individuals' ability to engage freely in community activities and to manage their own activities of daily living.
(d) Specific prohibitions. The general prohibition in paragraph (b) of this section includes but is not limited to the following specific prohibitions, to the extent that such action results in unnecessary segregation, or serious risk of such segregation, of persons with disabilities.
(1) Establishing or applying policies or practices that limit or condition individuals with disabilities' access to the most integrated setting appropriate to their needs;
(2) Providing greater benefits or benefits under more favorable terms in segregated settings than in integrated settings;
(3) Establishing or applying more restrictive rules and requirements for qualified individuals with disabilities in integrated settings than for individuals with disabilities in segregated settings; or
(4) Failure to provide community-based services that results in institutionalization or serious risk of institutionalization. This paragraph (d)(4) includes, but is not limited to planning, service system design, funding, or service implementation practices that result in institutionalization or serious risk of institutionalization. Qualified individuals with disabilities need not wait until the harm of institutionalization or segregation occurs to assert their right to avoid unnecessary segregation.
(e) Fundamental alteration. A recipient may establish a defense to the application of this section if it can demonstrate that a requested modification would fundamentally alter the nature of its program or activity.
Summary - This section effectively ends integration for persons with disabilities. Any of the above terms used anywhere else without accompanying definitions in any other text are fully null and void. People with disabilities can be institutionalized.
According to the Code of Federal Regulations, Most integrated setting means a setting that provides individuals with disabilities the opportunity to interact with nondisabled persons to the fullest extent possible. These settings provide opportunities to live, work, and receive services in the greater community, like individuals without disabilities; are located in mainstream society; offer access to community activities and opportunities at times, frequencies and with persons of an individual's choosing; and afford individuals choice in their daily life activities.
By removing this definition from the Code of Federal Regulations, it eliminates the federal mandate, allowing for segregation by reason of disability to occur.
First, know that you're not alone. There are roughly 120 million Americans living with disabilities today. And the fact is that Ken Paxton himself, gave us the answer himself. The fact is that these protections, because they cost money, are the rights of the states to approve themselves. We have set up petitions in every state to get thse protections back for the disabled community. Sign the one that pertains the state of your residence to let your state legislature know that these protections need to go into effect yesterday