Section 504 Is Under Attack — Here’s What Parents Need to Know
- Jake Fishbein
- Apr 21
- 3 min read
A lawsuit led by Texas and backed by 16 other states is challenging one of the most important civil rights laws for students with disabilities: Section 504 of the Rehabilitation Act. And while the case started as a fight over one specific issue, it’s turned into something bigger—a direct threat to the rights and protections that millions of students rely on every day. If you’ve never heard of this lawsuit, you’re not alone. But what impact could it have? That’s something every parent should understand.

What Is Section 504—and Why Does It Matter?
Section 504 is a federal law that says schools and programs that get federal funding (which includes pretty much all public schools) can’t discriminate against students with disabilities. It’s what allows kids to get support, even if they don’t have an IEP.
That includes things like:
Extra time on tests for kids with ADHD
A quiet space for a student with anxiety
Support for reading and writing if a child has dyslexia
Access to a nurse or blood sugar monitoring for kids with diabetes
Wheelchair-accessible classrooms
Behavioral accommodations that keep a child in school
If your child has a 504 Plan, that’s because of this law. And if your child ever needed one, it’s the reason support had to be offered.
Why This Lawsuit Was Filed
In 2024, the federal government updated Section 504 regulations to clarify that gender dysphoria—the distress someone feels when their gender identity doesn’t match the sex they were assigned at birth—can qualify as a disability. That meant schools and other programs could no longer discriminate against students based on gender dysphoria. They would have to provide accommodations, just like for any other disability. Some states didn’t agree.
Seventeen attorneys general sued the federal government, claiming that this new interpretation was illegal.
But they didn’t just ask to block the part of the rule they didn’t like.
They asked the court to strike down Section 504 entirely.
Yes, You Read That Right
At one point, the states behind this lawsuit weren’t just trying to stop a new policy—they were asking the court to erase the entire legal foundation of 504 Plans and disability accommodations in schools.
That would mean:
Schools would no longer be required to provide accommodations
504 Plans could disappear
Protections for students with ADHD, dyslexia, anxiety, and other disabilities could vanish
Families would have no clear legal path to ensure equal access to learning
What’s Happening Now
After intense backlash from families and advocates, the states backed off their most extreme request. They’ve said they no longer plan to challenge the law itself—just the new rule about gender dysphoria.
The lawsuit is still active, though. It’s currently on pause as the new presidential administration decides whether to change the rule on its own. That means this case could still move forward, and the impact could still be significant.
Even if Section 504 isn’t struck down completely, the case could weaken its enforcement. It could create confusion, open the door to more lawsuits, or limit who gets protection and how.
Why Every Parent Should Care
You might be thinking: “This sounds complicated. What does it really have to do with my child?”
Here’s the truth:
If your child uses a 504 Plan—or might need one in the future—this case affects you.
If your school has ever made changes to support your child’s access to learning, that’s because of Section 504.
If you believe schools should treat every child fairly, regardless of their disability, gender identity, or health condition—this is your fight too.
This lawsuit started with an attack on one group of students. But the way it’s being argued puts every student with a disability at risk.
What You Can Do
We believe that staying informed is a powerful first step. So here’s what we recommend:
Talk to your school. Make sure your child’s 504 Plan is current—and being followed.
Start conversations with other parents. Most people don’t know about this case, and they’ll care once they do.
Stay in the loop. We’ll keep tracking this case and let you know what happens next.
Speak up. If you believe in protecting disability rights in schools, tell your story. Share this post. Help raise the alarm.
The Bottom Line
This isn’t just a legal issue. It’s a values issue. It’s about whether we believe students with disabilities deserve real access to learning—not just in theory, but in practice.
Section 504 is the reason so many kids are included in classrooms, not excluded from them. It’s the quiet foundation behind millions of success stories.
We don’t believe in staying quiet when that foundation is under threat.
And we know we’re not alone.
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