What states want to end 504?

Seventeen Republican-led states, including Texas, Alabama, Florida, and Indiana, filed a lawsuit in late 2024 challenging Section 504 of the Rehabilitation Act, arguing it's unconstitutional, specifically targeting recent federal rules that included gender dysphoria as a disability, potentially jeopardizing protections for millions of students with various disabilities like asthma, ADHD, and food allergies. While some state attorneys general claim they only oppose the gender dysphoria rule, the lawsuit itself seeks to declare Section 504 unconstitutional, which could dismantle the entire law.

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.

Why are states suing to eliminate 504?

The lawsuit says that Section 504 goes against the United States Constitution. The lawsuit says that no one should have to follow any part of Section 504. If the 17 states win, this would be a disaster for people with disabilities.

Are 504 plans in every state?

504 plans are common in all 50 states. Like an Individualized Education Program or IEP, a 504 plan puts in place a specialized program and supports to help students with special needs succeed and ensures that they will not be discriminated against in classes or activities.

Is Texas trying to get rid of Section 504?

Did 17 states, including Texas, just file suit to take away your child's 504 Plan? 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.

504 Plans: What You Need To Know

What 17 states sue 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.

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.

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 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.

Do colleges recognize 504 plans?

Thus, as with an IEP, the services outlined in a secondary- level Section 504 plan end at graduation from high school. Although colleges may use these plans in decision making, they are not obligated to follow the requirements of these plans.

Why do people think 504 is unconstitutional?

More alarmingly, this lawsuit asks the court to "declare Section 504 unconstitutional." The suit calls Section 504 “coercive, untethered to the federal interest in disability, and unfairly retroactive” and asks the court to “issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504. ...

What is the downside to a 504 plan?

Disadvantages of a 504 Plan include a lack of specific, measurable goals and progress monitoring compared to an IEP, potential for vague accommodations, reliance on teacher awareness for implementation, less formal accountability, and potential stigma, with many plans being poorly executed or used as a "cheap" alternative to true special education, requiring significant parental advocacy to ensure adequate support.
 

Why is Blue Cross Blue Shield being sued?

The lawsuit, In re: Blue Cross Blue Shield Antitrust Litigation (MDL No. 2406), filed in 2012 in the U.S. District Court for the Northern District of Alabama, alleged that BCBSA and its affiliates engaged in anticompetitive practices.

Why are states suing to get rid of 504 plans?

Dorton told Prism that these states are trying to remove the 2024 rule because they want to keep discriminating against people with body dysphoria without the risk of losing funding. The lawsuit also addresses the 1999 Supreme Court decision Olmstead v.

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.

Does 504 still exist?

Section 504 applies to all schools that take federal funding (including federal student aid), which includes all public schools (P–12 and postsecondary) and many private schools (including most private postsecondary schools).

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 are the least disability-friendly states?

Based on our ranking of physical accessibility, quality of life, employment, healthcare opportunities, support, and inclusivity, the least disability-friendly states are, in order of lowest score, Mississippi, Alabama, Alaska, Arkansas, and West Virginia.

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. 

Can a teacher fail a student with a 504 plan?

Public schools can discipline any student who breaks school rules. But students with IEPs and 504 plans have extra protections when it comes to discipline.

Why do schools not like IEPs?

Schools often resist Individualized Education Programs (IEPs) due to significant costs, heavy paperwork burdens, staffing shortages, and potential disruptions to general education, with some educators lacking training or having negative perceptions, leading to clashes with parents over a child's needs versus school resources and legal obligations, notes Understood. While schools are legally required to provide a Free Appropriate Public Education (FAPE), conflicts arise from budget constraints, differing understandings of disabilities, and the extensive effort needed to implement effective IEPs, creating battles with parents who advocate for their child's rights, say Brain Balance and this Reddit thread. 

Can you sue a school for not following a 504 plan?

At a glance

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.

Who is suing for 504?

The 17 states engaged in the litigation along with Texas are: Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.

What happens if a teacher doesn't follow 504?

Filing a complaint

If the school is still not following your child's 504 plan after you contact your state's PTI or hire an advocate, you can file a complaint with the Office for Civil Rights in the Department of Education.

Do parents have the final say in an IEP?

Yes, parents have the final say on their child's IEP under the Individuals with Disabilities Education Act (IDEA), as no part of the plan can be implemented without their informed, written consent, making them equal, crucial members of the IEP team with rights to agree, disagree, and seek resolution if needed. While schools must provide an appropriate program, parents hold veto power, and can refuse to sign or revoke consent, though the school can challenge disagreements through due process.