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.
If you live in one of those 17 states, click on your state’s name below to email the Attorney General and Governor, asking them to drop the lawsuit that would eliminate Section 504.
Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.
Here is the origin of the wrongheaded suit. The Attorneys General of these states, led by Texas, were upset with President Biden for including gender dysphoria as a possible disability covered under the act. Rather than challenge the new regulations, they attacked Section 504 itself, arguing that Section 504 is “unconstitutional.”
If you DO NOT live in one of the 17 states listed above, ask your Governor to oppose the lawsuit and file in support of the federal protections provided by Section 504. To do that, click the button below.
Whether their decision was based on ignorance of the importance of Section 504’s protections or an impulse to prioritize anti-woke politics over the needs of Americans with disabilities, if their lawsuit succeeds, it will have a strong negative impact on students and taxpayers alike by abolishing federal protections.
As a high school principal, I saw first-hand the importance of Section 504 in ensuring that the needs of students with disabilities are met. I also saw how, as I explain below, 504 plans benefitted all students in my high school by potentially saving resources and funds. I will explain three reasons why Section 504 is vital from the perspectives of both the student and the family.
- When a student learns, with the help of special education services, to compensate for their learning disabilities, they can exit the special education program, a process known as declassification. 504 plans allow a student to “graduate” from special education services while maintaining certain modifications, including audiobooks for dyslexia, preferred seating in the classroom for students with ADHD, or extended time on tests for students with processing disabilities. This not only fosters pride and accomplishment for the student but also saves the district funding when the student no longer requires the services of a special education teacher as outlined in an IEP (Individual Education Plan).
- Every student with an IEP has 504 protections; however, not every student with a 504 plan has an IEP. 504 plans can often meet students’ needs without requiring formal classification. If Section 504 is eliminated, families will have no choice but to pursue the more complicated and costly route of special education classification. Tax dollars are wasted when this occurs, and all students bear the burden in schools with limited resources.
- Students with physical impairments, such as diabetes, asthma, allergies, or epilepsy, may qualify for Section 504, even if the impairment does not limit their learning. Section 504 plans help ensure their safety while addressing their health needs. These plans include accommodations such as an extra set of books for students with mobility disabilities or remote access to the classroom for a student undergoing cancer treatment. Can a school provide these services without a Section 504 plan? Yes, but a Section 504 plan guarantees parents that the school officially recognizes their child’s needs and formally commits to meeting them.
The Attorney General of Georgia, who joined the lawsuit, tried to mislead the public with this carefully crafted statement: “We’re committed to protecting Georgia’s existing 504 program.”Let’s be clear: Georgia does not have a 504 program; it is a federal program. What he implies is that politicians in each state would decide what rights and protections individuals with disabilities have—or lack. Should our disabled veterans, senior citizens with mobility challenges, or children facing health issues have to take that risk? From schools and universities to airports, accessibility would vary based on the state. Stand up for our Americans with disabilities and speak out in support of Section 504.
To learn more about what you can do, go here.
