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A Special Education Teacher, Administrator and Lawyer walk into a bar....all you ever wanted to know about special education
Robin Fabiano, Abigail Hanscom, Angela Smagula
Are Institutions Back?
OCT 23, 202629 MIN
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Description
Listen in as Angela, Robin and Abby discuss a troubling new phenomenon - changes to key aspects of the regulations that determine where a person with a disability can and should receive services.
For over 25 years, US policy has favored community based living and supports for people with disabilities. Guided by the 1999 Supreme Court decision in Olmstead, regulations and guidance for states has preferred (often strongly) the creation of community based living settings instead of larger congregate institutional settings.
However, that has changed as Texas, Alaska, Florida, Louisiana, and Montana have won the right to strip language preferring community based supports from their state guiding regulations. See the recent Department of Justice memo (June 2026 ) codifying this here.
In a related development, in June 2025 the Trump Administration issued an executive order on homelessness which similarly rejects the belief that people experiencing homelessness (who also are often also people with disabling conditions) are best served by a "housing first" or community based response.
Check out that executive order here
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