Why is there a lawsuit against 504?

A lawsuit led by Texas and 17 other states challenges recent updates to Section 504 of the Rehabilitation Act, primarily targeting the inclusion of gender dysphoria as a protected disability and arguing the new rules overreach federal authority, potentially impacting essential disability protections in education and healthcare. While the states initially sought to declare Section 504 itself unconstitutional, they later clarified they no longer challenge the law's core, focusing instead on blocking the specific 2024 HHS rule expanding protections, which includes expanded communication access for disabled individuals.

Why is there a lawsuit against Section 504?

The Lawsuit

Becerra against the U.S. Department of Health and Human Services (HHS). The crux of the complaint is that the Biden Administration finalized a new rule in 2024 that included gender dysphoria under Section 504 and the Americans with Disabilities Act.

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.

What did Section 504 make illegal?

Learn more about Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance from the U.S. Department of Education.

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.

Legal expert explains 504 lawsuit amid parents' concerns

Are 504 legally binding?

Legal Documents

Both IEPs and 504 plans are legally binding documents that must be followed.

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 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 ...

Does having a 504 affect a job application?

Covered entities may not discriminate against qualified individuals with disabilities in any of their employment and personnel practices, including recruitment, job application procedures, hiring, compensation, promotion and career advancement, demotion or termination, job assignments, training, leaves of absence, ...

Are they trying to get rid of Section 504?

OAKLAND — California Attorney General Rob Bonta today co-led a coalition of 18 other attorneys general in submitting a comment letter on the U.S. Department of Health and Human Services (HHS)' proposed rule that would reverse HHS regulations concerning the definition of “disability” under Section 504 of the ...

What are common 504 plan violations?

Many times, there can also be substantive violations if the school fails to provide the student with services and accommodations outlined in the IEP (Individualized Education Plan) which can include the following: Failure to provide the appropriate level of service to meet the student's needs as outlined in the IEP.

Do you need a diagnosis for a 504?

No, a formal medical diagnosis is not required for a 504 plan, as the law focuses on the impact of a physical or mental impairment on learning, but a diagnosis is very helpful information for the school's evaluation process, which considers many sources like teacher input and test scores to determine if a student needs accommodations for a free, appropriate public education (FAPE). 

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).
 

Will I lose my disability if I win a lawsuit?

A personal injury settlement can impact the eligibility of an individual with disabilities to receive benefits from certain government programs. Notably, receipt of a personal injury settlement does not affect an individual's ability to collect Social Security Disability Income (SSDI) or Medicare benefits.

What is unconstitutional about Section 504?

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.

Can a school cancel a 504?

Here are some key points about 504 plans and IEPs: Canceling 504 Plans and IEPs: - Schools generally cannot unilaterally cancel a student's 504 plan or IEP. These are legal documents that outline accommodations and services the student is entitled to.

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.

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 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?

The "ADHD 30% rule" refers to the concept that executive function skills (like planning, impulse control, and organization) in individuals with ADHD often develop about 30% more slowly than in neurotypical peers, meaning a 30-year-old might have the self-regulation of a 21-year-old, requiring adapted expectations and strategies, while a related "30% rule" for practical management involves adding 30% more time to tasks and taking 30-second pauses to combat time blindness and impulsivity.
 

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. 

What are four hidden disabilities?

Hidden disabilities include diabetes, heart disease, chronic diseases, vision and hearing issues, mobility issues, developmental disorders and emotional disorders. Another misconception is that hidden disabilities affect people less than a readily apparent disability, such as mobility issues that require a wheelchair.

What is the deadliest disability?

WHO reveals leading causes of death and disability worldwide:...

• Heart disease remains the number 1 killer; diabetes and dementia enter the top 10. ...
• Global decline in deaths from communicable diseases, but still a major challenge in low- and middle-income countries.

What is the easiest disability to qualify for?

The "easiest" disability claims, particularly for VA disability, often involve conditions with strong presumptive links to service, clear documentation, and lower individual ratings, such as Tinnitus, Hearing Loss, Musculoskeletal issues (like knee/back pain, limited motion), and certain Mental Health conditions (like PTSD/Depression) if linked to specific events, plus Scars and some Cancers/Diabetes. The key is providing solid evidence, often using personal statements, buddy statements, and medical records to show the condition either started during service or was worsened by it, even if it wasn't initially documented.