Unbiased: What does the Section 504 Lawsuit mean for the disabled?
Disclaimer: I am neither Republican nor Democrat. Everything is unbiased and factual. all info is as of 2/18/25 Section 504 of the Rehabilitation Act protects against disability discrimination in federally funded programs, including schools, hospitals, and public transit. A crucial aspect of this discussion is what would happen to 504 plans in schools if Section 504 were to be struck down.
For those unfamiliar, 504 plans provide students with disabilities special accommodations in schools to meet their educational needs. At its core, however, Section 504 is a civil rights statute, meaning it ensures equal access to education for students with disabilities but does not establish a specific program or provide funding. This distinction will play a key role in this discussion.
Legislative Background
In 1973, Congress enacted Section 504 as a civil rights statute mandating equal access to public education and extracurricular activities for students with disabilities. Two years later, in 1975, Congress passed the Education for All Handicapped Children Act, entitling children with disabilities to a Free Appropriate Public Education (FAPE). In 1990, this law was reauthorized as the Individuals with Disabilities Education Act (IDEA), which remains in effect today.
Thus, two key laws are at play:
Section 504 – A civil rights statute that mandates equal access to education but does not provide direct funding.
IDEA – A federal programmatic statute requiring individualized education plans (IEPs) and providing funding to support students with disabilities.
504 Plans vs. IEPs
A 504 plan exists because some children with disabilities do not qualify for IEPs under IDEA. Section 504 mandates equal access, which led states to create 504 plans for students who need accommodations but do not meet IDEA’s strict criteria.
To qualify for an IEP under IDEA, a student must fall under at least one of 13 recognized disability categories, including:
Autism
Learning disabilities
Speech or language impairments
Emotional disturbance
Traumatic brain injury
Visual or hearing impairments
Intellectual disabilities
Orthopedic or other health impairments
Notably, ADD and ADHD are not specifically listed under IDEA, but if they contribute to another qualifying disability, students may receive an IEP. However, students who do not meet IDEA’s criteria but have a mental or physical impairment affecting a major life function (e.g., walking, seeing, hearing, learning) qualify for a 504 plan. These students may have conditions such as asthma, diabetes, epilepsy, dyslexia, ADD, or ADHD.
Section 504’s definition is broader than IDEA, which allows students with conditions like asthma or diabetes—who may require nurse visits or additional accommodations—to receive support, even if they do not qualify for an IEP.
The Importance of 504 Plans
Students with 504 plans may receive accommodations such as:
Extended travel time between classes
Additional breaks
Extra instruction
Assisted devices
However, because 504 plans do not receive dedicated federal funding, their availability and implementation vary by district. This has led to disparities—white students are twice as likely as Black or Hispanic students to have a 504 plan, and male students are nearly twice as likely as female students to receive one. If 504 plans were federally funded, such disparities might be reduced.
What Happens If Section 504 Is Struck Down?
If Section 504 were ruled unconstitutional, there would be no direct loss of funding, as 504 plans are not federally funded. However, schools would no longer be legally required to provide these accommodations. Some states might continue offering 504 plans, while others might eliminate them entirely.
Currently, compliance with Section 504 is tied to other federal funding—meaning schools that do not follow its mandates risk losing unrelated federal funds. If Section 504 were struck down, schools would no longer face this risk, making it possible that some states would discontinue 504 plans altogether.
The Legal Debate: Gender Dysphoria and Federal Authority
This lawsuit arose because states objected to the Biden Administration’s decision to expand Section 504 protections to include gender dysphoria. Under this update, schools that refused to accommodate students with gender dysphoria risked losing federal funding.
The states argue that the Biden Administration exceeded its authority by adding gender dysphoria to the list of covered disabilities and that Section 504 itself is unconstitutional because it threatens unrelated federal funding.
On the other hand, civil rights advocates argue that the lawsuit is a pretext for rolling back disability protections altogether. The ACLU of West Virginia stated:
"The 17 states are so focused on harming trans kids that they are willing to hurt disabled children as well."
Meanwhile, state attorneys general involved in the lawsuit argue that their goal is to protect 504 plans for traditionally recognized disabilities. The Attorney General of Utah stated:
"Utah parents shouldn’t have to worry if their children are receiving the services they need. The Biden Administration’s unlawful actions could have put Utah’s federal funding for these services in jeopardy."
The West Virginia Attorney General similarly stated:
"This lawsuit aims to protect Section 504 by removing politically motivated language that threatened its constitutionality."
What Comes Next?
If the Trump Administration reverses the Biden-era expansion and removes gender dysphoria from Section 504 protections, the lawsuit could become moot. If states still pursue their argument that 504 is unconstitutional, it will indicate that their broader goal is challenging the statute itself, not just its expansion.
This ongoing legal battle has major implications for students with disabilities. Whether 504 plans will remain intact largely depends on the outcome of this lawsuit and future federal actions. For now, the fate of 504 protections—and the millions of students who rely on them—remains uncertain.