Are Student Disability Accommodations Under Threat?

Geoff Cook

Are Student Disability Accommodations Under Threat?

A new article from Boston University discusses a lawsuit by seventeen states seeking to declare Section 504 of the Rehabilitation Act unconstitutional. This act is crucial because it protects the civil rights of people with disabilities and ensures they have equal opportunities.

The lawsuit follows updates made to Section 504 in 2024, with some states opposing the inclusion of "gender dysphoria" as a disability and the requirement for services to be provided in the "most integrated setting." If this lawsuit succeeds, it could dismantle disability protections across the country.

This article highlights just how important Section 504 is. It's the foundation for disability legislation and plays a massive role in protecting the rights of people with disabilities. If you want to learn more, especially if you live in one of the states bringing the lawsuit, check out the full article here: Student 504 Plan Accommodations Threatened

Understanding Section 504

• What it is: Section 504 of the Rehabilitation Act of 1973 is a civil rights law prohibiting discrimination based on disability in programs and activities that receive federal financial assistance, including public schools, colleges, and universities.   
• Key provisions:
  • It ensures that students with disabilities have access to a "free appropriate public education" (FAPE) in the "least restrictive environment."  
  • It requires schools to provide reasonable accommodations to students with disabilities, such as extra time on tests, assistive technology, or assignment modifications.
  • It covers many disabilities, including physical, mental, and learning disabilities.
• Importance: Section 504 is crucial because it provides legal protections for students with disabilities who may not qualify for special education services under the Individuals with Disabilities Education Act (IDEA).

The Lawsuit and its Implications

• The challenge: The lawsuit, brought by several states, challenges the 2024 updates to Section 504, which expands the definition of disability and strengthens protections for students with disabilities.
• Key points of contention:
  • The inclusion of "gender dysphoria" as a disability.
  • The requirement for services in the "most integrated setting" emphasizes inclusion.
  • The states argue that the federal government has overstepped its authority in these updates.
• Potential impact:
  • If the lawsuit is successful, it could significantly weaken student disability protections nationwide.
  • It could lead to disparities in access to education for students with disabilities, particularly those with less visible disabilities or those who identify as transgender.
  • It could cause confusion and uncertainty for schools and educators regarding their obligations to students with disabilities.
• Current status: The lawsuit is ongoing, and its outcome remains uncertain. Following developments in this case is essential, as it could have far-reaching consequences for disability rights.

Where to find more information:

• U.S. Department of Education, Office for Civil Rights (OCR): This federal agency enforces Section 504. Their website provides resources and guidance on disability rights in education.
• Disability Rights Organizations: Organizations like the National Disability Rights Network (NDRN) and the American Civil Liberties Union (ACLU) provide legal advocacy and information on disability rights.
• https://www.parentprojectmd.org/care/for-families/community-resource-center/daily-life-resources/education-rights/
• http://www.myschoolvision.com/special-education/assistive-technology/section-504-updated-greater-eligibility-and-accommodations-for-students-with-ld-adhd/view.aspx
• https://nasdse.org/docs/172_e7e9d744-14cd-4abe-92e8-5c77759610a9.pdf