Key Takeaways
- The Texas v. Kennedy (formerly Texas v. Becerra) lawsuit challenges the constitutionality of Section 504 of the Rehabilitation Act of 1973, specifically targeting new federal rules requiring accommodations for students with gender dysphoria.
- If successful, the lawsuit could significantly weaken or eliminate federal protections for students with disabilities, affecting millions of children in public schools.
- The case raises complex questions about the intersection of disability rights and gender identity, and its outcome could reshape how schools nationwide provide accommodations under Section 504.
Understanding Section 504 and 504 Plans
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. In the context of education, Section 504 ensures that students with disabilities have equal access to educational opportunities and receive necessary accommodations. This law applies to all public schools and many private schools that receive federal funding.
A 504 plan is a formal document developed by schools to outline the specific accommodations and services a student with a disability needs to participate fully in school. These accommodations can include things like extended time on tests, preferential seating, or modifications to classroom materials.
For more information, see the U.S. Department of Education’s Section 504 FAQ.
Who Qualifies for a 504 Plan?
A student qualifies for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities. This includes conditions such as ADHD, asthma, diabetes, food allergies, and many others. The goal is to remove barriers to learning and ensure equal access to education.
The Texas v. Kennedy Lawsuit: Background and Parties
Overview of the Lawsuit
In May 2024, the U.S. Department of Health and Human Services (HHS) finalized a rule clarifying that Section 504 protections extend to students with gender dysphoria. In response, 17 states—Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia—filed a lawsuit challenging the constitutionality of Section 504 as applied under the new rule. The case, originally known as Texas v. Becerra, is now styled as Texas v. Kennedy.
The states argue that the new rule exceeds federal authority and imposes requirements on schools that conflict with state laws and policies. They are particularly concerned about the mandate to provide accommodations for students with gender dysphoria, which they argue is not a disability under their interpretation of the law.
For more details, see the official HHS rule announcement.
What Are the States Challenging?
The lawsuit challenges both the substance and the process of the new HHS rule. The states claim that:
- The rule improperly expands the definition of disability to include gender dysphoria.
- The federal government is overreaching by imposing requirements on state-run educational institutions.
- The rule could force schools to adopt policies that conflict with state laws regarding gender identity and student accommodations.
The states are seeking to block the implementation of the rule and, in some arguments, to challenge the constitutionality of Section 504 itself as it applies to their educational systems.
Implications for Students and Schools
Potential Impact on Students with Disabilities
Section 504 currently protects approximately 15% of students in public schools—millions of children with a wide range of disabilities. If the lawsuit succeeds in striking down or limiting Section 504, these students could lose critical federal protections. This would affect students with ADHD, asthma, food allergies, diabetes, and many other conditions that require accommodations.
Disability rights advocates warn that the lawsuit could dismantle decades of progress in educational access and equity. Without Section 504, schools would not be legally required to provide accommodations, and students could face increased discrimination or exclusion.
For more on the scope of Section 504, see the U.S. Department of Education’s resource page.
The Debate Over Gender Dysphoria
A central issue in the lawsuit is whether gender dysphoria should be considered a disability under Section 504. The new HHS rule says yes, requiring schools to provide accommodations for students with gender dysphoria. The states argue that this is an improper expansion of the law and conflicts with their policies.
This debate highlights the intersection of disability rights and gender identity, a complex and evolving area of law. The outcome of the lawsuit could set important precedents for how schools address the needs of transgender and gender-diverse students.
For a summary of the states’ arguments, see K-12 Dive’s coverage.
Responses from Officials and Advocacy Groups
State Officials’ Statements
Some state officials have sought to reassure the public that the lawsuit is not intended to remove all Section 504 protections. For example, South Carolina Attorney General Alan Wilson stated that the lawsuit challenges the Biden administration’s rule, not the underlying law. However, the broad language of the lawsuit has led to widespread concern about the future of disability rights in education.
Read the official statement from the South Carolina Attorney General’s Office.
Advocacy and Opposition
Disability rights organizations, including the Disability Rights Education & Defense Fund (DREDF), have mobilized to defend Section 504. They argue that the lawsuit threatens essential protections and have called on the public to take action by contacting elected officials and raising awareness.
For advocacy resources, see DREDF’s Protect 504 page.
Legal and Policy Considerations
The Role of Federal Law in Education
Section 504 is a cornerstone of federal civil rights law in education. It works alongside the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) to ensure that students with disabilities are not excluded or denied benefits.
If the lawsuit leads to a weakening or repeal of Section 504, states would have more discretion over how (or whether) to provide accommodations. This could result in a patchwork of protections, with some states maintaining robust support and others offering little or none.
The Future of Disability Rights
The outcome of Texas v. Kennedy will likely have national implications. If the courts uphold the new HHS rule, schools across the country will need to provide accommodations for students with gender dysphoria. If the states prevail, Section 504 could be narrowed or even struck down, affecting millions of students.
The case is being closely watched by educators, parents, disability rights advocates, and policymakers. Its resolution will shape the landscape of disability rights in American education for years to come.
For a broader perspective, see Time Magazine’s analysis.
What Happens Next?
Legal Process and Timeline
As of June 2024, the lawsuit is ongoing. The courts have not yet issued a final decision. Legal experts expect the case to proceed through federal district court and potentially to the appellate courts, and possibly the Supreme Court.
During this period, the new HHS rule may be delayed or blocked by preliminary injunctions. Schools and families should stay informed about developments, as the legal landscape may change quickly.
How to Stay Informed and Take Action
- Monitor updates from official sources such as the U.S. Department of Education and HHS.
- Follow advocacy organizations like DREDF for action alerts and resources.
- Consult with legal professionals or school administrators for guidance on current policies.
Conclusion
The 504 plan lawsuit, Texas v. Kennedy, is a pivotal legal battle with the potential to reshape disability rights in American education. While the immediate focus is on the inclusion of gender dysphoria under Section 504, the broader implications could affect all students with disabilities. The outcome will determine whether federal protections remain strong or are significantly weakened. Stakeholders should stay informed and engaged as the case moves forward.
Disclaimer: This guide provides a general overview of the ongoing Texas v. Kennedy lawsuit and Section 504 of the Rehabilitation Act. The information is based on current public sources and may change as the case develops. For legal advice or the latest updates, consult an attorney or official government resources.
