The Rehabilitation Act of 1973 was signed into law by President Richard Nixon in September 1973. A key part of this law, Section 504, protects the civil rights of people with disabilities. It states that no qualified individual can be denied benefits or discriminated against in any program that receives federal funding because of their disability. This law has been crucial in education, providing a broader definition of students with special needs than the Individuals with Disabilities Education Act (IDEA).
Currently, 17 states have joined Texas in a lawsuit that seeks to declare Section 504 unconstitutional. This lawsuit appears to be part of a broader debate over the rights of transgender individuals. Under the Biden administration, the definition of disability in Section 504 was expanded to include “gender dysphoria,” which is recognized as a physical or mental impairment.
Texas Attorney General Ken Paxton filed the lawsuit against the Biden administration in September 2024, claiming that the administration is overstepping its authority by redefining what constitutes a disability. The lawsuit criticizes the inclusion of gender dysphoria in the definition and argues that this new understanding conflicts with the Americans with Disabilities Act and has negative impacts on Medicaid compliance for the states involved.
Interestingly, as the lawsuit progresses, it shifts focus from just removing the new language to seeking the complete elimination of Section 504. The lawsuit describes Section 504 as “coercive” and not aligned with federal interests in disability, suggesting that it is unconstitutional.
Section 504 plans are widely used in all 50 states to support students with special needs, ensuring they receive the necessary accommodations and are not discriminated against in educational settings. These plans address various needs, including visual impairments, diabetes, heart disease, depression, and ADHD. The intent of Section 504 is to guarantee that students get the support they need for a free and appropriate public education.
Attorneys general involved in the lawsuit have stated that 504 plans will not be affected. For example, an Iowa Attorney General’s office spokesperson assured that no one’s 504 plan would be changed or removed. However, the lawsuit clearly calls for Section 504 to be declared unconstitutional, which would effectively eliminate the requirement for states to support students with special needs under this law.
If the states win the lawsuit, it could have significant consequences for individuals across the country. Additionally, if the Trump administration carries out plans to dissolve the Department of Education and convert IDEA funding into block grants, students with special needs may face even greater challenges.
The lawsuit is filed in the United States District Court for the Northern District of Texas, and the states involved include Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia. Many of these states have laws that emphasize Parents’ Rights, but if the states win the lawsuit, parents of children with special needs could see their rights reduced.
