A lawsuit filed by Texas and 16 other states is raising concerns about the future of disability rights in the United States. The lawsuit, led by Texas Attorney General Ken Paxton, challenges a key provision of federal law that protects people with disabilities from discrimination.
The case targets Section 504 of the Rehabilitation Act, a landmark law passed in 1973. Section 504 prohibits organizations and employers that receive federal funding from discriminating against qualified individuals with disabilities. This includes public schools, hospitals, and government agencies.
The lawsuit initially focused on a recent Biden administration rule that added “gender dysphoria” to the definition of disability under Section 504 and the Americans with Disabilities Act (ADA). The states argue that this change would affect their eligibility for federal funding.
However, a specific request in the lawsuit has sparked wider alarm. The lawsuit asks the court to declare Section 504 itself unconstitutional.
Disability rights advocates fear that this could lead to the dismantling of all protections under Section 504. The Iowa Attorney General’s Office has stated that the lawsuit does not intend to abolish Section 504 entirely. KSAT has contacted Paxton for clarification on his intentions.
The judge in the case has requested both sides to submit updates on the case’s status by February 25.
What is Section 504?
Section 504 is a federal law that protects individuals with disabilities from discrimination. It applies to organizations and employers that receive federal funding.
Under Section 504, a person with a disability is defined as someone with a physical or mental impairment that significantly limits one or more major life activities. Examples of disabilities include deafness, AIDS, mental illness, and heart disease. Major life activities include tasks such as learning, hearing, seeing, and working.
Section 504 in Action
In schools, Section 504 requires districts to provide a “free appropriate public education” to students with disabilities. This means ensuring that students with disabilities are not discriminated against and receive the support they need to succeed. This support can include accommodations in the regular classroom or placement in a special education classroom.
The University of Texas at San Antonio (UTSA) clarifies that providing accommodations to disabled students does not mean lowering academic standards.
In housing, the U.S. Department of Housing and Urban Development (HUD) states that housing providers must use the same criteria when screening all potential tenants, regardless of disability. They are also expected to provide reasonable accommodations to tenants with disabilities, such as accessible units.
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