Update on Section 504 lawsuit & Deaf education perspectives

Here is an update on the Section 504 lawsuit. I explained last week that 17 Republican-leaning states sued the Biden administration last year to oppose their position of saying those with gender dysphoria may be considered disabled and deserving of protections under Section 504. This was mentioned in the preamble section of updated regulations.

Transgender rights are a hot-button issue and some parents and states were concerned that if gender dysphoria was added to Section 504, it would threaten states’ federal funding if they refused to comply with transgender folks’ requests to use a certain restroom, have pronouns, or wear certain clothes.

Most of the lawsuit covered issues mentioned above but at the end, it said, “Declare Section 504 unconstitutional.” It means the 17 states are asking it to be unconstitutional. It’s because they feel that if gender dysphoria is a disability, it would force the states to do something they don’t agree with, and that is unconstitutional.

It appears that the states went too far to ask for the whole thing to be thrown away. I did explain in my previous report that some of the attorneys general said they never intended to take away the entire 504 law and protections for disabled people and only wanted to focus on the gender dysphoria issue. But people were concerned because it says here in the lawsuit… what if a judge read this and said, “OK. IT IS UNCONSTITUTIONAL.” And they ripped 504?

It’s just not clear enough and that’s why many disability organizations, including the NAD, raised so much noise.

Now, a big update — I saw the NAD COO Kelby Brick explaining this last night — the 17 attorneys general submitted an update to the court to say here, “Plaintiffs clarify that they have never moved — and do not plan to move — the Court to declare or enjoin Section 504 of the Rehabilitation Act as unconstitutional on its face.”

The 17 states had to submit this to clarify that they don’t want to take away 504 and its longstanding protections for disabled people. So that’s cleared up.

I’m seeing that it’s become a hot political issue with Democrats and Republicans sparring. I don’t blame disability rights advocates for being concerned because it says “unconstitutional” here.

It is my understanding that this whole thing may be dropped because of the Trump administration’s directive to have there be only two genders, a male and a female. So maybe the Biden directive will be tossed. I think the concerns with disability rights and 504 is over. I don’t think we need to be concerned anymore, but for those who advocate for people with gender dysphoria, they have lost out. For “general” disabled people, it’s not a loss.

An anonymous legal expert on deaf education provided further context. The person covered issues related to deaf education.

They noted that 70% of deaf schools are state-funded and typically outside Section 504’s scope unless they receive federal funds (e.g., for lunches or buses). They outlined three overlapping federal laws—IDEA, Section 504, and the ADA—protecting disabled individuals. IDEA and 504 focus on education (e.g., IEPs, accommodations, least restrictive environments), while the ADA addresses broader discrimination and access to public spaces.

Of the nearly 400,000 deaf and hard-of-hearing (DHH) U.S. children in 2022, 74,000 have IEPs, with others potentially on 504 plans, ADA accommodations, or unsupported.

Losing 504 could disrupt these students’ accommodations, requiring deaf schools to assist local districts more.

The expert said 504, ADA, and IDEA is why most DHH students are in public schools, but they are often the only deaf child in their setting. This can be a negative thing from the view of a Deaf school and declining enrollment. The expert urged deaf advocates to work with state education departments to ensure that DHH students are receiving language access, are not isolated, and have the support of resources available from state deaf schools.

https://www.facebook.com/NAD1880/videos/1768109733765728

https://ago.nebraska.gov/news/attorney-general-statement-and-court-filing-texas-v-becerra-regarding-section-504

https://www.understood.org/en/articles/at-a-glance-which-laws-do-what