We wanted to provide a resource for our families to stay informed about the lawsuit against Section 504 and how it pertains to the Department of Education. Section 504 is a law that enables students with disabilities to receive accommodations at school. Since many families in our community receive accommodations for their children, any changes to this law can significantly impact how students access school and the curriculum. If you have any questions after reading this, please don’t hesitate to reach out to us for clarification.
What is Section 504?
Section 504 of the 1973 Rehabilitation Act is a federal law that safeguards individuals with disabilities in areas funded by the government, including healthcare, employment, and education. This law ensures that students with disabilities, regardless of their differences, have equal access to education through various accommodations, such as classroom modifications, physical, occupational, or speech therapy, adjustments to assignment deadlines, and more. Section 504 plays a crucial role in ensuring that students can access the curriculum and the school environment effectively.
The populations covered by Section 504 include, but are not limited to:
- Students with learning disabilities like dyslexia, dysgraphia, and ADHD
- Students with physical challenges, such as wheelchair users and those who require mobility aids
- Students with sensory impairments, including the Deaf/deaf and hard of hearing, and the blind
- Students with allergies to food and their environment, including those with asthma and other respiratory issues.
This list is not exhaustive, but it provides a glimpse into the students who are currently protected by Section 504.
What’s happening with Section 504 in relation to the Department of Education (DE)?
Seventeen states have filed a lawsuit against the US Government, challenging the constitutionality of Section 504. If this claim is upheld, approximately 1.6 million students with disabilities could lose the federal support that currently guides how they receive essential services and accommodations to access school. Although only 17 states are directly involved in this lawsuit, its outcome will impact all 50 states.
While the specific consequences remain uncertain, it’s evident that Section 504 would cease to exist. Consequently, federal-funded schools would no longer be held to the same legal standards to support their students with disabilities. Many families in our community rely on these accommodations to ensure their children can successfully navigate the school day.
What can you do?
To take action against this lawsuit, you can contact your local attorney general and request that they intervene. While DC, Maryland, and Virginia are not among the 17 states included in the lawsuit, you can still send a letter to your attorney general, urging them to draft a brief supporting Section 504. When reaching out, it’s powerful to share how Section 504 has positively impacted your life, whether it’s through your own child, a friend, family member, or even yourself.
Several resources are available to assist you in writing or calling your attorney general, including templates for emails and phone calls.
- Texas v. Becerra: What it is and How You Can Help Stop the Attack on Section 504 | DREDF
- Action Alert: Lawsuit Threatens 504 Plan Protections for Kids with Asthma and Food Allergies
For more comprehensive information on this lawsuit, explore the following resources:
- Texas v. Becerra: What it is and How You Can Help Stop the Attack on Section 504 | DREDF
- Action Alert: Lawsuit Threatens 504 Plan Protections for Kids with Asthma and Food Allergies
- Action Alert: Save Section 504 – Access Living
- Does the Section 504 lawsuit put my child’s 504 plan at risk?
Feel free to contact us at info@readingllcenter.com, or book a chat if you have any specific questions. We’ll respond as soon as possible.