Section 504 plans are under threat of being banned based on a new court case, Texas v. Becerra; what does this mean for students with disabilities?
First off, what IS a 504 plan? In short, it’s a document under Section 504 that helps students with disabilities receive accommodations to support their learning and participate in school activities.
For more than 50 years, Section 504 has helped millions of students with disabilities participate fully in school, free from discrimination. Parents of disabled children are concerned about what this lawsuit means for their child’s access to basic civil rights.
504 plans help children with a wide range of conditions including ADHD, asthma, diabetes, anxiety, dyslexia, and other physical or mental health impairments. Accommodations may include things like taking tests in separate classrooms, wearing headphones in class, extra time to complete assignments, help with mobility, and much more. Overall, 504 plans are an essential part of battling the discrimination those with disabilities face.
Right now, Section 504 is facing a major legal battle that could dismantle the legal protections of millions of students with 504 plans.
17 states have filed a lawsuit against Section 504, with an end goal of completely abolishing the program. Their complaints began when the Biden administration expanded the Section 504 definition of disability to recognize that “gender dysphoria . . . may be considered a physical or mental impairment.”
These states, which include Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia, claim their lawsuit is about “federal overreach.”
More alarmingly, some are even asking the court to “declare Section 504 unconstitutional.”
The lawsuit calls Section 504 “coercive, untethered to the federal interest in disability, and unfairly retroactive” and asks the court to “issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504.”
While this dispute began as an argument over just one rule in Section 504, it’s quickly expanding to the entire Section, putting the future of 504 plans in serious jeopardy.
If the lawsuit is successful, it would free schools nationwide from their legal obligation to provide students with aid, services, and protection from discrimination. This strips away fundamental protections many students need in order to receive an education.
