Why is there a lawsuit against Section 504?

Lawsuits against Section 504, particularly Texas v. Becerra, challenge recent Biden administration updates that included gender dysphoria as a disability, arguing the federal government exceeded its authority and made the rule unconstitutional by linking it to federal funding, with plaintiffs claiming it forces states to provide services for transgender individuals or risk losing funds, which they see as overreach and a threat to broader disability rights. While some plaintiffs initially sought to overturn Section 504 entirely, they clarified they only wanted to invalidate the gender-related rule, not all disability protections, though disability advocates fear the broader implications could harm students with various disabilities.

Why are states suing for 504?

Becerra, 17 states are trying to get rid of Section 504, a law that protects students with disabilities. They claim the federal government is forcing states to follow unfair rules and that the law is too strict and outdated. If they win, Section 504 could be completely eliminated.

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.

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).
 

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. 

Why are they trying to end Section 504?

Basically what is laid out here is that section 504 is unconstitutional because it requires that states follow section 504 or lose access to all federal funding. The claim is generally that the unconstitutional bit is "all federal funding".

Do parents have to consent to a 504 plan?

Q: Must schools get permission from parents before getting students involved in Section 504 services? A: No, consent is not required; however, schools are required to inform parents before following procedures required under Section 504.

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 teachers have 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.

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.

Which states are removing 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.

What remedies are available in a 504 lawsuit?

Many of the remedies available under IDEA are also available under Section 504, including compensatory education; orders relating to evaluations, IEPs, or placement; trainings and policy changes; and in some jurisdictions (locations), reimbursement for privately obtained educational services.

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 ...

Why are people saying Section 504 is unconstitutional?

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.

Is IEP or 504 better for autism?

If your child can make progress in school with only accommodations, then a 504 should be enough. But if they also need specialized instruction like working with an education specialist, or a speech, occupational or other therapist, they should qualify for an IEP.

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.

Why do schools push for 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 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.
 

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.

What illness automatically qualifies for disability?

Conditions that Qualify for Disability Benefits

• Physical Conditions – Examples include amputations, heart conditions, chronic lung disease, and severe burns.
• Sensory Issues – Examples include severe hearing loss and blindness.

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 hardest state to get approved for 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.