Key Takeaways
- Section 504 of the Rehabilitation Act of 1973 is a foundational federal law prohibiting discrimination against individuals with disabilities in programs receiving federal financial assistance. Recent legal challenges have put its scope and protections under scrutiny.
- Texas v. Becerra and related lawsuits focus on new federal rules requiring educational programs to provide Section 504 services to students with gender dysphoria, sparking debate over the reach of federal disability protections.
- Advocacy groups and disability rights organizations warn that weakening Section 504 could undermine broader civil rights protections, affecting millions of Americans who rely on these safeguards for access to education and public services.
Understanding Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act of 1973 is a landmark civil rights law. It prohibits discrimination based on disability in any program or activity receiving federal financial assistance. The law’s text can be found on the U.S. Department of Labor’s website.
Section 504 requires that schools, hospitals, and other federally funded entities provide reasonable accommodations to individuals with disabilities. This includes ensuring physical accessibility, modifying policies, and providing auxiliary aids when necessary. The law is broad, covering a wide range of disabilities and settings, and serves as a foundation for later laws like the Americans with Disabilities Act (ADA).
The Texas v. Becerra Lawsuit: Background and Parties
The States’ Challenge
In 2024, a coalition of 17 states, led by Texas, filed a lawsuit against the U.S. Department of Health and Human Services (HHS). The case, known as Texas v. Becerra, challenges a rule finalized in May 2024 under the Biden administration. The rule mandates that educational programs provide Section 504 services to students with gender dysphoria.
The states involved are Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia. The lawsuit argues that the new rule exceeds federal authority and imposes requirements on states that go beyond the original intent of Section 504.
The Rule at Issue
The contested rule, published by HHS, clarifies that protections under Section 504 extend to students with gender dysphoria. This means schools must provide accommodations and services to these students, just as they would for students with other disabilities. The official rule text and background can be found on the HHS website.
The States’ Arguments
The states initially challenged the constitutionality of Section 504 itself. However, as reported by K-12 Dive, they later dropped this broad constitutional challenge. Instead, they now focus on specific aspects of the new rule, particularly its application to gender dysphoria and the scope of federal authority.
Attorney General Tim Griffin of Arkansas, a key figure in the lawsuit, clarified that the states are not seeking to eliminate Section 504 entirely. Instead, they argue that the Biden administration’s rule is unlawful and exceeds the federal government’s power (source).
Reactions from Disability Rights Advocates
Concerns About Disability Protections
Disability rights organizations have responded strongly to the lawsuit. Groups like the Disability Rights Education & Defense Fund (DREDF) and Access Living warn that any weakening of Section 504 could have severe consequences for individuals with disabilities. They emphasize that Section 504 is essential for ensuring that students with disabilities, including those with asthma, food allergies, and other conditions, receive necessary accommodations in schools.
DREDF has issued a call to action, urging individuals to contact their representatives and defend Section 504. Access Living has also released an action alert, highlighting the importance of preserving these protections.
Broader Civil Rights Implications
Advocates warn that undermining Section 504 could set a precedent for challenging other civil rights laws. The National Down Syndrome Society notes that the lawsuit could affect not just education, but also employment and access to public services for people with disabilities (NDSS statement).
The Legal and Political Context
Federal vs. State Authority
The lawsuit is part of a broader trend of states challenging federal regulations they view as overreaching. As noted by New America, this reflects ongoing tensions between state and federal governments over civil rights enforcement.
If the states succeed in limiting the reach of Section 504, it could lead to a patchwork of disability protections that vary by state. This would create uncertainty for individuals with disabilities and the organizations that serve them.
Ongoing Litigation and Its Impact
Although the states have dropped their constitutional challenge to Section 504, they continue to contest specific disability protections under the new rule. As reported by Disability Scoop, the legal battle is ongoing. The outcome could influence how federal disability rights laws are interpreted and enforced in the future.
What’s at Stake for Individuals with Disabilities
Access to Education
Section 504 is a cornerstone of educational access for students with disabilities. It requires schools to provide accommodations such as modified testing, accessible classrooms, and individualized support. Without these protections, students with disabilities could face barriers to learning and participation.
Broader Civil Rights Protections
The potential rollback of Section 504 protections could also impact other civil rights laws. Advocates fear that a successful challenge could embolden efforts to weaken laws protecting against discrimination based on race, sex, or other characteristics.
Advocacy and Next Steps
Disability rights organizations are mobilizing to defend Section 504. They encourage individuals to stay informed, contact their elected officials, and participate in advocacy efforts. The Disability Rights Education & Defense Fund and Access Living provide resources for those interested in getting involved.
Conclusion
The ongoing legal battle over Section 504 highlights the importance of federal disability protections in the United States. While the states involved in Texas v. Becerra have dropped their constitutional challenge, they continue to contest key aspects of the law. The outcome of this lawsuit could have far-reaching implications for individuals with disabilities, their families, and the organizations that support them. Advocacy groups are urging vigilance and action to ensure that the rights guaranteed by Section 504 are preserved.
Disclaimer: This guide provides an overview of the ongoing legal issues surrounding Section 504 of the Rehabilitation Act. It is not legal advice. The lawsuit discussed is active, and the information presented is based on current allegations and public reports. Legal outcomes may change as the case progresses. For specific legal advice, consult a qualified attorney.
