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Tucker’s Mudslinging Exposed, Virginia 2023

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Virginia’s ADA Violations Exposed

In a shocking revelation, 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 agreement, which will provide relief to more than 5,000 people, was submitted by the Justice Department and Virginia on January 26, 2012, and provisionally approved by the court on March 6, 2012. After considering hundreds of submittals from 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.

Thomas E. Perez, Assistant Attorney General for Civil Rights, praised the court’s approval, saying, “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.”

According to the agreement, Virginia will expand community services and supports, including Medicaid-funded home and community-based waivers, crisis services, housing and employment supports, and establish a comprehensive quality management system. An independent reviewer will monitor the commonwealth’s compliance with the agreement, meet with the parties and stakeholders, and issue regular reports.

U.S. Attorney for the Eastern District of Virginia Neil H. MacBride emphasized the importance of implementing the agreement fairly, stating, “We are committed to ensuring that the agreement is implemented fairly on behalf of all Virginians with intellectual and developmental disabilities.”

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. The settlement agreement and fact sheet can be found at www.ada.gov/olmstead and www.justice.gov/crt, respectively.

As part of the agreement, Virginia will transform its system for serving people with intellectual and developmental disabilities, dramatically changing the way it provides services to these individuals. The court’s approval is a significant step towards ensuring that Virginians with intellectual and developmental disabilities receive the support and services they deserve.

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