Section 504 of the Rehabilitation act of 1973 prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance from the United States Department of Education. In simpler terms, Section 504 helps ensure students with all different kinds of abilities and disabilities get equal access to educational opportunities.
This seems important, right? Well, Missouri, along with 16 other states don’t think so. These states are suing the federal government to challenge Section 504, specifically the lawsuit Texas vs Becerra. They are aiming to eliminate Section 504’s protections for students with disabilities, arguing that it is unconstitutional.
According to news america.org, 17 states filed the lawsuit Texas vs Becerra against the U.S Department of Health and Human Services. The complaint is that the Biden Administration finalized a new rule in 2024 that included gender dysphoria under section 504 and the Americans with disabilities act. However, while the discussion was in the Preamble to the rule, the updated rule has no mention of gender dysphoria at all.
According to Change.org, over 900,000 Missourians, nearly 15% of Missouri’s population, have some type of disabilities whether it is physical, mental, or a hidden disability, and this lawsuit puts their rights and access to essential services at risk.
“Taking those accommodations away can really impact the trajectory for the rest of their life. It would almost be like if you were an athlete and you gave one a new super expensive shoe, and the other old and super cheap shoes, would you expect the same result?” psychiatric mental health nurse practitioner Brittania Phillips said. “It would have a really negative impact if they didn’t have the resources, not only in elementary school, but all the way to college.”
If Missouri succeeds in eliminating section 504:
- Missouri students with disabilities could lose access to their legal right to their 504 plans, which provide necessary accommodations for K-12 students
- College students with disabilities may lose critical supports, such as note-taking services, accessible materials, extended testing time, and assistive technology
- Missourians with disabilities in the workforce may no longer be guaranteed equal access and reasonable accommodations in employment
- Patients with disabilities could face challenges in healthcare, including accessable medical equipment, lack of communication supports, and reduced access to necessary services
- People with a range of disabilities including physical, sensory, intellectual, learning, and mental health disabilities could lose protections that help them participate in daily life without discrimination.
Many people agree that these kinds of efforts are outrageous and should be stopped.
“I’m appalled at these kinds of efforts to roll back on protections for kids who desperately need them, and have needed them for as long as I’ve been alive,” World Languages teacher Rebecca Jennings said. “Now 504 plans allow kids to get the education they need and the accommodations they need. There’s nothing harmful about a 504 plan, it doesn’t put anyone above anyone else, it just levels the playing field.”
A successful challenge to section 504 will have wide-ranging consequences, severely impacting disability protections in education and healthcare.
