Disability rights could be under threat. People with disabilities are protected from discrimination and given equal access to education, healthcare, employment, and public services under Section 504 of the Rehabilitation Act of 1973.
However, Republican attorneys general in 17 states (Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia) have sued the U.S. Department of Health and Human Services (HHS), asking courts to declare Section 504 unconstitutional.
Last May, HHS required that 504 services be provided to people experiencing gender dysphoria. The lawsuit argues that gender dysphoria doesnt fall under the definition of who should get 504 services. However, it then goes on to ask that 504 be eliminated entirely.
Because Section 504 is coercive, untethered to the federal interest in disability, and unfairly retroactive, the Rehabilitation Act is not constitutional, the lawsuit argues.
What will happen if 504 is eliminated?
If 504 is rolled back, it would be up to individual states to decide how much they want to protect people with disabilities from discrimination, as well as which servicesif anythey want to provide.
This includes services like 504 plans, in which schools lay out the individual accommodations that students with disabilities will receive (for example, extra time on tests or braille notes) so these students can participate in class. Currently, 8.5 million students in public schools have 504 plans.
The first round of legal briefs is due on February 25.
How to support disability rights
ADDitude magazine is encouraging people to contact their state representatives and senators and voice their support for 504. If you live in a state thats suing to eliminate 504, you can also contact your attorney general and request that your state withdraw from the lawsuit. If you live in a state thats not suing to eliminate 504, you can contact your attorney general and ask that your state submit a brief on the importance of 504 protections.
