DOJ Requested Reversal of Florida ADA Ruling
Florida families relying on private-duty nursing may see legal shifts following a federal policy change.
Updated on Oct. 1, 2026 in Special Education
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On August 13, 2026, the Department of Justice filed a motion to vacate a previous court ruling that had favored the federal government in a long-standing lawsuit against Florida. The move follows a June 2026 legal opinion stating that federal law does not impose specific integration mandates on states under the Americans with Disabilities Act.
Why it matters
This shift in legal interpretation impacts the state's obligations for providing private-duty nursing services to medically complex children, which were previously governed by a 2023 district court injunction. The reversal marks a significant change in federal enforcement policy regarding support services for residents with disabilities.
The 2023 district court injunction required Florida to provide at least 90 percent of authorized private-duty nursing services. This standard is now in flux following the Department of Justice request to set aside the March 31, 2026, appellate court affirmation.
The players
Department of Justice
The federal agency responsible for enforcing civil rights laws and representing the government in lawsuits regarding the Americans with Disabilities Act.
11th U.S. Circuit Court of Appeals
The federal judicial body with jurisdiction over Florida, Alabama, and Georgia that hears appeals regarding federal civil rights litigation.
Office of Legal Counsel
A division of the Department of Justice that provides authoritative legal advice and opinions to the executive branch on federal statutes.
The details
The legal action began in 2013 under Title II of the Americans with Disabilities Act. After years of litigation, the 11th U.S. Circuit Court of Appeals initially affirmed a government victory in March 2026. However, an Office of Legal Counsel opinion issued in June 2026 determined that the ADA and the Rehabilitation Act do not contain an integration mandate, leading the department to file its current motion.
Timeline
2013: The Department of Justice initiated legal action against Florida.
2023: A district court issued an injunction regarding nursing services.
March 31, 2026: The 11th Circuit Court affirmed the government's legal victory.
June 18, 2026: The Office of Legal Counsel issued its opinion on federal mandates.
August 13, 2026: The Department of Justice requested that the court set aside its previous ruling.
The Home Front
The federal government is currently re-evaluating the scope of its integration mandates under the Americans with Disabilities Act. This change creates uncertainty regarding how states must structure and fund long-term care services for families with medically complex needs.
Families currently receiving private-duty nursing services should review their existing service authorization documents to ensure coverage remains stable. Consult with a disability advocate or licensed legal professional to understand how shifts in state service mandates might impact your specific care plan.
The takeaway
The federal legal landscape for disability support is shifting, which may impact access to home nursing services. Families should keep records of their current service authorizations and stay in close communication with their assigned healthcare coordinators.
Further reading
For more information on support services, visit Special Education.
Source note: This article includes information reported by Alternet.
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