In a major legal development, 17 US states have united in a lawsuit seeking to challenge Section 504 of the Rehabilitation Act of 1973, a landmark law that has provided vital protections for students with special needs for over five decades. At the heart of the case is the expansion of disability rights under the Biden administration, which included recognizing “gender dysphoria” as a physical or mental impairment under the law, prompting legal opposition from several states.
The lawsuit, filed in the US District Court for the Northern District of Texas on September 2024, represents a significant escalation in the ongoing debate over disability rights and transgender inclusion. Texas, joined by 16 other states, argues that the revised interpretation of Section 504 violates existing statutory definitions and federal interests in disability protection. The plaintiffs assert that the Biden administration has overstepped its authority by unilaterally redefining “disability” to include conditions such as gender dysphoria, a position that could have widespread implications for students and federal educational programs. As reported by Forbes, the states involved are demanding that Section 504 be declared unconstitutional.
What is the case against Section 504?
Section 504, which was a critical milestone for the civil rights of people with disabilities, mandates that no qualified individual be discriminated against in any program or activity receiving federal funds. It has had a profound impact on public education by ensuring that students with disabilities receive the necessary supports, such as 504 plans, to succeed academically. These plans cover a wide range of conditions, including visual impairments, epilepsy, ADHD, diabetes, and mental health challenges.
The states challenging this provision argue that the Biden administration’s interpretation of the law is overly broad and infringes on state rights. As quoted by Forbes, Texas Attorney General Ken Paxton stated that the inclusion of gender dysphoria as a disability is “an abuse of executive power” and should not be allowed to stand. While the states claim that existing 504 plans are not under direct threat, the lawsuit seeks to remove Section 504 entirely, which could leave students with special needs without the legal protections they have relied on for years.
A potential shift in US education policy
If the lawsuit is successful, it could dismantle a key protection for students with disabilities across the country. “A decision for these 17 states would have far-reaching consequences, affecting not only students with disabilities but also the broader scope of disability rights in education,” said legal experts, as reported by Forbes. The case highlights the increasing tension between federal and state powers over educational regulations and protections for vulnerable populations.
The outcome of this lawsuit will likely set the stage for a national debate on disability rights, with implications that could resonate beyond education into healthcare, employment, and other critical areas for individuals with disabilities.