Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, August 24, 2012
Court Approves Comprehensive Agreement
Between US and the Commonwealth of Virginia Regarding the Rights of
Individuals with Intellectual and Developmental Disabilities:
The U.S. District Court for the Eastern District of Virginia has
approved a comprehensive settlement agreement between the United States
and the Commonwealth of Virginia, resolving the department’s findings
that Virginia’s system for serving people with intellectual and
developmental disabilities violated the Americans with Disabilities Act
(ADA). The department had found that Virginia was violating the ADA
requirement, as interpreted by the Supreme Court’s decision in Olmstead v. L.C.,
to provide people with intellectual and developmental disabilities the
opportunity to live and receive services in the community.
As the court noted in its order approving the settlement agreement, it
“addresses pressing needs” and “dramatically changes the way Virginia
provides services to” individuals with developmental disabilities. The
settlement agreement will provide relief to more than 5,000 people by
expanding community services and supports, including Medicaid-funded
home and community-based waivers, crisis services, housing and
employment supports and by establishing a comprehensive quality
management system. The court further found that the agreement “is
completely consonant with the principles set forth in the ADA, as
interpreted . . . in Olmstead.”
The agreement is court-enforceable, and an independent reviewer with
decades of experience will monitor the commonwealth’s compliance with
the agreement, meet with the parties and stakeholders, and issue regular
reports.
The Justice Department and Virginia submitted the agreement for the
court’s approval on Jan. 26, 2012. On March 6, 2012, the court
provisionally approved the agreement and solicited public comment on
it. After considering hundreds of submittals from a wide range of
stakeholders and conducting a day-long hearing on June 8, 2012, the
court determined that the agreement was “fair, reasonable, and
adequate” with limited modifications. The department and the
commonwealth then submitted modifications, and on August 23, 2012, the
court formally approved the agreement as modified and entered it as a
court order.
“We are pleased that the court, after hearing from thousands of very
engaged stakeholders and examining the extensive record, gave final
approval to the settlement agreement,” said Thomas E. Perez, Assistant
Attorney General for Civil Rights. “We commend the commonwealth of
Virginia, and particularly the leadership of Governor McDonnell and
Secretary Hazel, on the commitment they are already demonstrating to
fully implementing the agreement. We also appreciate the deep interest
and involvement of stakeholders, including those who have long fought
for these changes as well as those who raised concerns.”
“We are committed to ensuring that the agreement is implemented fairly
on behalf of all Virginians with intellectual and developmental
disabilities.” said U.S. Attorney for the Eastern District of Virginia
Neil H. MacBride.
The Civil Rights Division enforces the ADA, which authorizes the
Attorney General to investigate whether a state is serving individuals
in the most integrated settings appropriate to their needs. Please visit
www.ada.gov/olmstead
to find the settlement agreement and fact sheet about the agreement, and
to learn more about the division’s ADA Olmstead enforcement efforts,
and
www.justice.gov/crt
to learn more about the other laws enforced by the Justice Department’s Civil Rights Division.