What states are suing to end the 504?

Seventeen Republican-led states, including Texas, Florida, Alabama, and Indiana, sued the federal government in late 2024/early 2025 to challenge Section 504 of the Rehabilitation Act, arguing it's unconstitutional and overreaching, especially after new rules included gender dysphoria as a disability, risking broad disability protections for millions in schools and services.

What states are getting rid of 504?

If we lose Section 504, other civil rights laws could be in jeopardy too. The states bringing the case are: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.

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.

What states are involved in the 504 lawsuit?

Protect Section 504 by calling your Attorney General's office if you are in one of these 17 states: Montana, South Dakota, Nebraska, Kansas, Iowa, Missouri, Arkansas, Louisiana, Utah, Texas, Indiana, Alabama, Georgia, Florida, South Carolina, West Virginia, and Alaska.

Why is Texas suing Section 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.

Yes, there is a lawsuit that could eliminate Section 504

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”.

When did Texas legalize homosexuality?

Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Texas have some protections in state law but may face legal and social challenges not faced by others. Same-sex sexual activity was decriminalized in Texas in 2003 by the Lawrence v. Texas ruling.

What is the hardest state to get disability?

Worst States for Social Security Disability Approval

The states with the 3 highest denial rates for social security disability are Alaska, with a 54% denial rate; Delaware, with a 48% denial rate; and Kansas, with a 47% denial rate. In Alaska, 28% of cases are dismissed entirely.

Why are states opposing 504?

The suit argues that Section 504 is “coercive, untethered to the federal interest in disability, and unfairly retroactive” and therefore unconstitutional. 504 plans are common in all 50 states.

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.

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 suing to overturn 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 is the average payout for emotional distress?

There's no single average payout for emotional distress, as amounts vary wildly from a few thousand dollars for mild anxiety to millions for severe trauma like PTSD, depending heavily on the severity, impact on daily life, medical documentation, and defendant's ability to pay. Mild cases (temporary stress) might yield $5k-$10k, moderate (therapy needed) $15k-$75k, and severe (PTSD, major depression) $100k-$500k+, often calculated using the multiplier method (economic damages x 1.5-5). 

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. 

Is Florida trying to get rid of 504?

FLORIDA IS ONE OF 17 STATES SUING THE FEDERAL GOVERNMENT OVER CHANGES MADE TO THE DISABILITY LAW. THE LAWSUIT ASKS A FEDERAL JUDGE IN TEXAS TO RULE SECTION 504 UNCONSTITUTIONAL BECAUSE THE BIDEN ADMINISTRATION ADDED PROTECTIONS FOR THOSE WITH GENDER DYSPHORIA.

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.

Are 504s 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.

Can states get rid of laws they don't like?

Therefore, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states do not have the power to nullify federal laws.

When can you sue for 504 plan violations?

If you believe the school is discriminating against your child because of a disability , you can file a lawsuit. You don't need to have an impartial hearing or file an OCR complaint first. But keep in mind that a lawsuit can be expensive and generally requires a lawyer.

What is the hardest disability to prove?

The hardest disabilities to prove often include mental health conditions (like depression, PTSD, anxiety) due to lack of physical signs, conditions with variable or subjective symptoms (like Lyme disease, fibromyalgia, chronic fatigue syndrome, migraines, chronic pain), and autoimmune disorders (like lupus, Sjogren's syndrome, rheumatoid arthritis) where symptoms fluctuate, making it tough to meet strict Social Security Administration (SSA) criteria despite significant impact on daily life, requiring extensive documentation of daily limitations. 

What is the 5 year rule for disability?

The "disability 5-year rule" refers to different protections for Social Security Disability Insurance (SSDI) and Veterans Affairs (VA) disability, primarily concerning work credit requirements for SSDI (needing to work 5 of the last 10 years for most adults) and preventing premature reduction of VA disability ratings (a rating stable for 5+ years is harder to lower without significant, sustained improvement). A separate SSDI rule also waives the 5-month waiting period if you were previously on benefits and reapply within 5 years, notes this article from Henson Fuerst. 

What is the number one disability in America?

1. Conditions of the Musculoskeletal System and Connective Tissue – 34% The musculoskeletal system includes bones, ligaments, cartilage, and other connective tissues.

What happened in 1969 for gays?

In 1969, the Stonewall Uprising began with a police raid on the Stonewall Inn in New York City on June 28, sparking several nights of riots by patrons and community members, a pivotal event that galvanized the modern LGBTQ+ rights movement, leading to greater activism and visibility, though challenges remained, as seen in Canada's simultaneous, albeit limited, decriminalization of homosexual acts.
 

When did homosexuality become legal in England?

Sexual Offences Act 1967

In 1967 the Sexual Offences Act was passed which decriminalised private homosexual acts between men aged over 21, while at the same time imposing heavier penalties on street offences. The law was not changed for Scotland until 1980, or for Northern Ireland until 1982.

Was homosexuality illegal in 1950s America?

Homosexuality was illegal throughout the U.S. during the 1950s (in the form of “sodomy” laws or “crimes against nature,” which were only applied to gays). Illinois was the first state legalize to homosexuality in 1961; the second state, Connecticut, legalized it in 1970.