What states are removing 504?

No states are removing Section 504 entirely, but 17 Republican-led states, including Texas, Florida, and Indiana, sued the federal government in late 2024/early 2025 to challenge new rules adding gender identity as a protected disability under Section 504, arguing it expanded the law beyond its original intent, though they later dropped the broad constitutional challenge, focusing only on gender identity inclusion. While the lawsuit aimed to remove gender dysphoria protections, the states clarified they weren't seeking to dismantle Section 504 itself, which remains a federal law providing disability rights in federally funded programs like schools.

Are states trying to get rid of Section 504?

Short Answer: NO. A coalition of disability rights and advocacy groups are pushing a FALSE narrative. 17 states are NOT petitioning to eliminate your child's 504 Plan. The lawsuit ONLY SEEKS TO STRIKE DOWN the Biden administration's 2024 updates, specifically the inclusion of gender dysphoria as a disability.

What states are suing to remove 504 plans?

The states involved in the case are: Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah and West Virginia. The lawsuit was filed in U.S. District Court Northern District of Texas.

Why do states think 504 is unconstitutional?

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 is Texas suing to remove 504?

“Texas is suing because HHS has no authority to unilaterally rewrite statutory definitions and classify 'gender dysphoria' as a disability.” To read the filing, click here.

504 Plans: What You Need To Know

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. Here's the problem: Not every school follows the law correctly.

Why is Texas ranked so low in education?

In the 10 years after the state cut the budget, teacher salaries have stagnated, even in the face of inflation, staff retention rates decreased and learning-loss gaps emerged in the wake of the COVID-19 pandemic. The American Federation of Teachers calls 2011-2021 in Texas education “the lost decade”.

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 did Section 504 make illegal?

Section 504 is an antidiscrimination provision in a broader federal law providing rehabilitation services to people with disabilities. Section 504 protects individuals from disability discrimination in programs and activities that receive federal financial assistance (as well as in federal executive branch programs).

Is gender dysphoria covered under 504?

Are Students with Gender Dysphoria Able to Obtain Assistance via an IEP or 504 Plan? Generally, yes.

Can a 504 plan be taken away?

You are interested in whether a school can unilaterally terminate a 504 plan without a reevaluation. The answer is NO. 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.

Who has sovereign immunity?

In the United States, sovereign immunity typically applies to both the federal government and state government, but not to municipalities. Federal and state governments, however, have the ability to waive their sovereign immunity in whole or in part.

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.

Why do schools push 504 instead of IEP?

A student gets a 504 plan instead of an IEP when they have a disability that substantially limits a major life activity but doesn't require specialized instruction (like separate teaching or modified curriculum) for progress, only accommodations (like extra time or seating changes) to access the general education curriculum, with 504 plans being broader and less formal than IEPs under different federal laws (Section 504 vs. IDEA).
 

What 17 states are against the 504?

The 17 states are Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia.

What changes are coming to social security disability in 2025?

For 2025, Social Security disability changes include a roughly 2.5% Cost-of-Living Adjustment (COLA) for monthly checks, updated work incentive limits like the $1,160 Trial Work Period (TWP) threshold, and new Substantial Gainful Activity (SGA) amounts ($1,620/month non-blind, $2,700/month blind) to help recipients test working, alongside increased SSI Federal Benefit Rates (FBRs) and changes to student earnings exclusions, but there are also proposed rule changes by the Trump Administration that could make qualifying harder, especially for older adults, although the final status of these rules remained uncertain as of late 2025. 

Why are they saying Section 504 is unconstitutional?

Why Are Texas and Other States Challenging It? Texas and other states argue that Section 504 is unconstitutional because they say it unfairly changed the rules after they had already agreed to take federal money, forcing them to follow disability discrimination laws they never knowingly accepted.

What is the downside to a 504 plan?

Disadvantages of 504 Plans include lack of specific goals/progress monitoring compared to IEPs, potential for vague accommodations, heavy reliance on teacher awareness, risk of being seen as a "cheap" alternative to special education, possible stigma, and the need for significant parental advocacy to ensure proper implementation, as plans can be poorly written or ignored. 

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 ...

Can a teacher refuse to follow a 504 plan?

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.

Who is trying to get rid of 504?

In September 2024, 17 states filed a court case against the United States government. The states want to get rid of Section 504.

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.

What is the 90% rule in Texas?

Understanding the 90% Attendance Rule in Texas

Under Texas Education Code § 25.092, students must be present for at least 90% of a class's days to receive credit. This rule applies even if the child has an Individualized Education Program (IEP) or Section 504 Plan.

What state is #1 in public education?

There isn't one single #1 state for education, as rankings vary by focus (K-12 vs. Higher Ed) and source, but Massachusetts, New Jersey, and Florida consistently rank at the top, with Massachusetts leading K-12, New Jersey overall (K-12 & Higher Ed), and Florida for higher education affordability/completion.
 

Why is Texas hiring uncertified teachers?

Texas is hiring uncertified teachers primarily due to severe teacher shortages, exacerbated by fewer people entering the profession and a desire for more local control over hiring, enabled by the "District of Innovation" (DOI) program, which allows districts to bypass certification requirements to fill crucial roles, especially in STEM, CTE, and elementary grades. This practice serves as a stopgap to ensure classrooms have instructors, but it leads to underqualified teachers and potential learning loss for students.