'Very concerned': Parents, disability advocates worry lawsuit could dismantle Section 504 protections
AUSTIN (KXAN) – A growing number of parents and disability advocates are worried a lawsuit filed in September 2024 will dismantle a law that protects and helps people with disabilities.
Seventeen state attorneys general joined a lawsuit to remove gender dysphoria from a list of disabilities protected under Section 504 of the Rehabilitation Act – a law designed to help people with disabilities in federally funded programs, such as schools or some hospitals and government programs. The Biden Administration added gender dysphoria – the psychological distress someone may feel if their gender identity doesn’t match their sex– to the definition of disability in 2024, according to the lawsuit.
In schools, Section 504 requires districts to make accommodations if a student has a disability so that their needs are met, according to the Texas Education Agency.
In the lawsuit, the attorneys general argue gender dysphoria should not be included in the list of protected disabilities, but, additionally, the lawsuit asks the court to declare the law unconstitutional.
“[The attorneys general] launch into saying that [Section] 504 in its entirety is unconstitutional – that the state shouldn’t be responsible for those accommodations being tied to federal funds,” said Katherine Ledbetter-Cho, a special education professor.
“It levels the playing field,” she continued. “There’s a lot of people who would say how important these accommodations are, and what life would look like without them. It would not be good.”
Katie Lowery has two kids in Leander Independent School District who benefit from Section 504. Her son, Oliver, has autism, ADHD and dyspraxia — a coordination disorder — and her daughter, Lucy, has ADHD. She said she and other parents have been worried about how this lawsuit might affect their children.
“We’re very concerned,” Lowery said. “My kids in particular, really need special [education] and 504 plans to thrive in school.”
“My Oliver and Lucy are bright, happy, wonderful kids,” she continued. “Without the support of special [education], they would not be able to access the same classroom environment as their neurotypical peers.”
