We need to talk about the lawsuit threatening Section 504 of the Rehabilitation Act of 1973 and the rights of people with disabilities.

What is Section 504?

Section 504 is "American legislation that guarantees certain rights to people with disabilities." It was one of the first federal civil rights laws in the United States that offered protection for the disabled and "prohibits discrimination on the basis of disability in any program or activity that receives financial assistance from any federal agency." Section 504 is especially important for education because it helps ensure that "students with disabilities have equal access to educational opportunities."

How is Section 504 under attack?

Recently, 17 states came together and filed a lawsuit, Texas v Becerra, that sues the U.S. government and claims that Section 504 is unconstitutional and, therefore, unlawful. The states want Section 504 removed completely, which would be catastrophic for the disabled community and greatly impact the educational experience of students with disabilities.

What can you do to defend Section 504?

If you live in one of the 17 states trying to take down Section 504 (see below), contact your Attorney General and demand that they protect the law, not remove it. Stress the importance of Section 504 and the many negative repercussions the disabled community would face if it were gone. Remind them that everyone will become disabled at some point in their life, so we should all care about the continued existence and enforcement of Section 504.

States that have joined the Texas v Becerra lawsuit:

• Alaska - Attorney General Treg Taylor
• Alabama - Attorney General Steve Marshall
• Arkansas - Attorney General Tim Griffin
• Florida - Attorney General John Guard
• Georgia - Attorney General Chris Carr
• Indiana - Attorney General Todd Rokita
• Iowa - Attorney General Brenna Bird
• Kansas - Attorney General Kris Kobach
• Louisana - Attorney General Liz Murrill
• Missouri - Attorney General Andrew Bailey
• Montana - Attorney General Austen Knudsen
• Nebraska - Attorney General Mike Hilgers
• South Carolina - Attorney General Alan Wilson
• South Dakota - Attorney General Marty Jackley
• Texas - Attorney General Ken Paxton
• Utah - Attorney General Derek Brown
• West Virginia - Attorney General John B. McCuskey

Media About Texas v Becerra

• TIME - A Lawsuit Threatens the Disability Protections I’ve Known My Whole Life
• Forbes - 17 States Sue To End Protections For Students With Special Needs
• Disability Rights Education and Defense Fund (DREDF) - Texas v. Becerra: What it is and How You Can Help Stop the Attack on Section 504
• KXAN Texas - Parents, disability advocates worry lawsuit could dismantle Section 504 protections
• WSB-TV Atlanta - Protesters want Georgia attorney general to step away from Section 504 lawsuit
• Des Moines Register - Brenna Bird's legal action could hurt thousands of Iowans with disabilities
• KSLA News - States suing over rule in Section 504 of Rehabilitation Act; outrage spreads on social media
• NBC Montana - Montanans voice concern over states involvement in Section 504 lawsuit
• KSNT-TV - Families protest in Kansas against lawsuit that would eliminate 504 protections for people with disabilities
• Atlanta News First - Concerns grow over Georgia’s involvement in Section 504 lawsuit, AG’s office issues statement
• WHO13 Des Moines - Federal lawsuit Iowa joined targets disabled students, says education attorney
• 13WMAZ - Locals concerned as new lawsuit challenges disability support in Georgia schools