Are they trying to eliminate 504?

On December 19, 2025, HHS issued a Notice of Proposed Rulemaking for a rule that would modify the regulation implementing section 504 of the Rehabilitation Act of 1973, an act that prohibits discrimination on the basis of disability.

Which states are trying to get rid of 504?

17 states are suing to get rid of 504: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia .

Can a 504 plan be removed?

The 504 regulations are clear that a 504 plan cannot be changed or terminated without conducting a new evaluation and without convening a 504 meeting, with your participation, to make the decision.

Why are people saying Section 504 is unconstitutional?

A ruling “declaring Section 504 unconstitutional”—in the context of this lawsuit—means that HHS could not revoke state funds it oversees (e.g. Medicaid funds) for the states' failure to comply with the gender mandate.

Why do schools push 504 instead of IEP?

An IEP will address issues with the actual class work. You are involving a special education teacher, and that is expensive! A 504 provides classroom accommodations that the teacher can make to pride an appropriate learning environment.

VERIFY: Is there a lawsuit trying to eliminate Section 504, an act that protects disabled individual

Why are they trying to end Section 504?

Basically what is laid out here is that section 504 is unconstitutional because it requires that states follow section 504 or lose access to all federal funding. The claim is generally that the unconstitutional bit is "all federal funding".

What is the downside to a 504 plan?

Bad Things About 504 Plans

Here are some potential negatives that families may want to think about before moving forward with a 504 plan for a student: Students have to get labelled with a disability to get at 504 Plan. Some families want to keep disabilities private or disagree their child has a disability.

Are 504 and IEP going away?

Rest assured, 504 plans and IEPs aren't going away. Though they're required by federal laws, they're implemented at the local level.

Are 504s in danger?

It guarantees that students get the accommodations they need in school, that hospitals don't turn people away, and that everyone has a fair chance to participate in society. But right now, that protection is at risk. Seventeen (17) states are suing the federal government to eliminate Section 504.

What happens if Section 504 is overturned?

One of the major implications of a 504 rollback would be reduced access to education for students with disabilities, including disabled students in higher education. Section 504 ensures that these students receive necessary accommodations and support services to thrive academically, often known as a 504 plan.

Is it illegal to go against a 504?

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education.

Who is suing to get rid of Section 504?

In September 2024, a group of 17 states filed a lawsuit against the U.S. government called Texas v. Becerra. The lawsuit asks the court to get rid of Section 504 and its regulations. Section 504 is a major civil rights law for people with disabilities.

Can you sue over a 504 plan?

You may disagree with the school about your child's 504 plan or how it's implemented. The law offers five ways to resolve a 504 plan dispute. The options include negotiation, mediation, an impartial hearing, a civil rights complaint, or a lawsuit.

What is the new rule of the 504?

Under the new rule, recipients cannot deny or limit clinically appropriate treatment to a qualified individual with a disability when the denial is based on bias or stereotypes, a belief that the individual will be a burden on others, or a belief that the life of an individual with a disability has a lesser value than ...

What is the status of the Section 504 lawsuit?

This means the 17 states have abandoned their constitutional challenge to Section 504 of the Rehabilitation Act. The states have not dropped the case; they are continuing their challenge to the 2024 Section 504 updates. The stay in the case is continued until the next filing on June 21, 2025.

What are the key arguments against Section 504?

They write that “Section 504 is unconstitutional…and is coercive, untethered to the federal interest in disability, and unfairly retroactive” and ask for “permanent injunctive relief” that would block enforcement of Section 504. Section 504 is an unfunded mandate for districts.

Why do schools push for 504 instead of IEP?

Many schools offer Section 504 plans instead of IEPs because Section 504 requires less of them. Unlike the IDEA, Section 504 does not create a right to a free appropriate education from which the child receives educational benefit.

Do parents have the final say in an IEP?

While many parents feel they have little say in their child's IEP, all parents have the final say on IEP decisions and are an integral part of their child's IEP team. The Individuals with Disabilities Education Act (IDEA) grants parents the right to be involved in every part of their child's educational planning.

Do 504s follow you to college?

The short answer is there are no IEPs or 504 plans in college. The Individuals with Disabilities Education Act (IDEA), the law that provides students with IEPs, no longer applies to them once they graduate from high school.

Is Trump taking away the IEP?

Neither Trump nor anyone in his orbit has proposed eliminating IEPs, contrary to what some users have claimed without evidence in social media posts that have gone viral in recent days. Nor has anyone associated with Trump signaled a desire to overturn IDEA, the decades-old federal law that makes them mandatory.

Why can't you say special needs anymore?

It's a euphemism.

Euphemisms often mask discomfort, and in this case, “special needs” avoids the direct acknowledgment of disability.

Is the government trying to get rid of the 504 plan?

The states are asking the court to get rid of Section 504 and its updated rules from 2024 that protect people with disabilities from discrimination in health care and human services.

Can teachers ignore your 504 Plan?

If your child's 504 Plan is ignored, the school may be violating these fundamental rights. Holding them accountable not only helps your child—it can lead to stronger systems for all students with disabilities in the district.

What is the 30% rule in ADHD?

Famed ADHD researcher, author, and public speaker, Dr. Russell Barkley, estimates that children with ADHD will demonstrate a delay in maturity and executive functioning, approximately 30% behind their neurotypical peers. This means that a 10-year old with ADHD may behave much more like a 7-year old.

Why do schools not like IEPs?

Many schools are reluctant to use IEPs for students because they are expensive and taxing. Often, parents have to advocate for aspects of their child's IEP—or to keep an IEP in place in general—because schools can be so resistant to them.