Seventeen states, including Texas, have taken legal action against the U.S. government including Texas, challenging the constitutionality of Section 504 plans under the Rehabilitation Act of 1973.
Section 504 plans mandate accommodations and support for students with disabilities in public schools and in federally funded places, with no discrimination.
The states argue that the 504 plan is unconstitutional because of the new addition of gender dysphoria, added by the Biden Administration in 2024. As a result, many want to throw away the section 504 plan in its entirety.
Gender dysphoria is defined as “the distress a person experiences when their gender identity (their internal sense of being male, female, or non-binary) differs from the sex they were assigned at birth.”
One of the main concerns if the 504 plan is deemed unconstitutional is that it will cause harm for many children in public schools that have disabilities. Without these 504 plans, it could be very hard for them to have a regular day.
The lawsuit is very complex and questions the definition of disability under federal law, the amount of federal authority over education, and the rights and protections afforded to transgender or gender non-conforming students.
Many disability advocacy groups are expressing concern over the potential impact of this challenge on students with gender dysphoria. They argue that people with gender dysphoria often face significant mental health challenges and require accommodations to ensure their well-being and equal access to education, and that just like any other students, their mental health should be prioritized.
This legal battle is currently paused, and expected to continue to be fought over in the courts in the coming months. There could be very significant implications for the rights and accommodations available to not only those with gender dysphoria but anyone with a disability that is accommodated by 504 plans.
It also shines a bigger light on the ongoing debate surrounding the role of the federal government shaping educational policy and how disabilities can be described.
