In 1974, the Rehabilitation Act of 1973 became law. Congress has passed various amendments to the Rehabilitation Act over the years, including the amendments contained within the Americans with Disabilities Act (ADA). One portion of the Rehabilitation Act particularly relevant to people with disabilities is Section 504, which establishes and protects civil rights for people with disabilities. The U.S. Department of Health and Human Services (HHS) also passed a final rule last year specifically addressing and interpreting Section 504.

Section 504 prohibits the denial of or discrimination by programs or activities that receive federal funds based on disability. Since it contains a more expansive definition of students with special needs than the Individuals with Disabilities Education Act (IDEA), Section 504 has been a significant source of protection for educational rights for students with disabilities.

However, Texas and 16 other states have filed a lawsuit asking the U.S. District Court for the Northern District of Texas to declare Section 504 unconstitutional. The impetus of the lawsuit seems to have stemmed from a continued controversy over the rights of transgender individuals. The HHS 2024 final rule clarified that gender dysphoria may be a “physical or mental impairment.”

Texas Attorney General Ken Paxton, who initially filed suit in September 2024, argues that Biden’s HHS abused executive action in unilaterally rewriting the definition of disability in Section 504, the ADA, and selected case law to include gender dysphoria. Paxton and the other states also complain of the difficulties of Medicaid compliance with the definition.  

While the first three dozen pages of Paxton’s complaint focus solely on the final rule’s addition of gender dysphoria to Section 504’s definition of disability, the complaint then abruptly seeks to invalidate Section 504 as altogether unconstitutional. The complaint characterizes Section 504 as “coercive, untethered to the federal interest in disability, and unfairly retroactive.”

The elimination of Section 504 would destroy commonplace educational plans for students with special needs in all 50 states. Like Individualized Education Plans or IEPs, a 504 plan establishes an educational plan for students to assist in their academic success and prevent discrimination that might prevent them from receiving a free and appropriate public education (FAPE). Section 504 plans cover students with a broad range of needs, including epilepsy, depression, visual impairments, and ADHD.

When faced with a predictable backlash by parents, teachers, and other advocates for students with special needs, attorneys general for the states involved in the suit downplayed the purpose of the suit. They attempted to characterize the suit as solely designed to remove gender dysphoria from the definition of disability as implemented by the HHS rule. They also deny that the intent or purpose of the suit was to remove 504 plans for students with disabilities.

Nonetheless, the “Demand for Relief” in Paxton’s complaint explicitly requests the following:

• Declare Section 504, 29 U.S.C. § 794, unconstitutional.
• Issue permanent injunctive relief against Defendants, enjoining them from enforcing Section 504.

If a judge granted this relief, Section 504 would no longer exist, and all existing 504 student plans would no longer be effective. States would have no requirement to meet the needs of students with 504 plans, and students would not be entitled to 504 plans in the future. Furthermore, if the Trump administration closes the U.S. Department of Education and states receive IDEA funding in the form of block grants that are usable for any purpose, students with disabilities could suffer additional losses in the educational realm. Overall, children with disabilities will lose legal rights if Section 504 ultimately is eliminated.

Since HHS is now under the leadership of Robert F. Kennedy, Jr., a strong defense of the lawsuit by the federal government is unlikely. Kennedy has voiced his support in the past for the Trump administration’s opposition especially on transgender issues when it comes to minor children.

Contact Us Today to Learn More About Section 504

Rubin Law is the only Illinois law firm to dedicate itself exclusively to providing compassionate legal services for children and adults with special needs. We offer unique legal and future planning techniques to meet your family’s individual needs.

Call us today at 866-TO-RUBIN or email us at email@rubinlaw.com to learn more about the services we can offer you and your family.