Which states want to get rid of 504 accommodations?

Seventeen states, led by Texas, filed a lawsuit (Texas v. Becerra or Texas v. Kennedy) in late 2024 to challenge and potentially eliminate Section 504 of the Rehabilitation Act, arguing the federal government overstepped its authority, particularly regarding new rules on gender dysphoria, and that the law places undue burdens on states, impacting services for people with disabilities. The lawsuit seeks to declare Section 504 unconstitutional, and includes states like Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia.

What states are trying to remove Section 504?

The states filing the lawsuit—Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia—say their claim is just about federal overreach.

Do all states have 504 plans?

504 Plans are authorized under Section 504 of the Rehabilitation Act of 1973. This is a federal law, so your son is entitled to receive services no matter where you live.

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?

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.

504 Plans: What You Need To Know

Why is there a lawsuit against 504?

The lawsuit states that Section 504 did not allow the Biden administration to impose this gender mandate on the threat of taking away states' federal funding. If the states win this lawsuit, no one's disability accommodations would be taken away—the regulations would go back to what they were before May 2024.

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.

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.

Do colleges accept a 504 plan?

Although colleges are subject to Section 504 accommodations, they follow a different subpart than K-12 schools, therefore colleges are not required to honor 504 plans from high school or create new versions of these plans.

Do other countries have 504 plans?

While Section 504 and the ADA protect American students studying in the U.S., there are no such protections guaranteed overseas; however, this is not to say that U.S. students cannot benefit from legal protections in other countries.

What 17 states sue to end the 504 plan?

Seventeen states have joined a lawsuit to eliminate Section 504 of the Rehabilitation Act of 1973. Section 504 guarantees that individuals with disabilities have equal access to benefits and services from any organization that receives federal funding, including schools.

Is Florida getting 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.

What are the 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.

Is violating a 504 plan illegal?

The federal regulations interpreting Section 504 make clear that the failure to meet the "individual educational needs" of the disabled violates the Rehabilitation Act and that the implementation of appropriate IEP's is one way to abide by the law.

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.

What states are ending the 504?

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.

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.

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.

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.