Section 504 Litigation: What the Texas v. Becerra Lawsuit Could Mean for Districts

This week, AASA received several calls from superintendents seeking information about a lawsuit that would dismantle legal protections under Section 504 for students with disabilities and students with other healthcare needs. This lawsuit was filed last fall by 17 States, is known as Texas v. Becerra,  and is focused on clarifying that gender dysphoria cannot be considered as a disability under updated Section 504 rules. However, the states are asking the Court to not only eliminate the parts of Section 504 they disagree with, but to repeal the entire law. They write that “Section 504 is unconstitutional…and is coercive, untethered to the federal interest in disability, and unfairly retroactive” and ask for “permanent injunctive relief” that would block enforcement of Section 504.  

 

Section 504 is an unfunded mandate for districts. Unlike the funding provided for special education students under IDEA, districts do not receive federal funding for complying with Section 504. The only exception is if their state permits them to bill Medicaid for healthcare services provided to Section 504 students. If the 17 States prevail in their litigation and Section 504 is ruled unconstitutional, then many legal experts believe that major federal protections against discrimination for students with 504 plans could be halted across the country. It is important to note that many states have their own laws that build upon or complement Section 504 of the Rehabilitation Act. These state laws often provide additional protections and accommodations for students with disabilities beyond what is required by federal law. While States may have their own laws or could pass laws that require districts to continue to provide students with disabilities with the accommodations, services and protections from discrimination they should have there would be no federal backstop. Districts may have to continue following State 504 laws or would have the flexibility to continue to follow Section 504 on their own to ensure students with disabilities do not face discrimination and are given the services and accommodations they need to be successful in school alongside their peers.  

 

The 17 states engaged in the litigation along with Texas are: Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia. There is a February 25 deadline for legal briefs to be submitted and we will know more about the status of the case at that time as well as what position the Trump Administration will take in defending the lawsuit. 

 

AASA weighs in on court cases at the federal level. We are monitoring this court case at a lower level because of both its potential impact and member interest.