Your Child’s 504 Plan May Be in Peril
If it succeeds, a lawsuit in Texas could end 504 Plans for 8.5 million public school students across the country. Here’s what you need to know.
February 16, 2025
What is Texas v. Becerra?
Texas v. Becerra is a lawsuit filed by 17 states against the United States government that could effectively end 504 Plans for millions of students across the country.
The lawsuit was filed in late 2024 by Texas Attorney General Ken Paxton against the Biden administration, which changed Section 504 of the Rehabilitation Act to include gender dysphoria as a protected disability. Notably, the lawsuit also argues that “Section 504 is unconstitutional.” The lawsuit says that “Section 504 is coercive, untethered to the federal interest in disability, and unfairly retroactive” and it asks for “permanent injunctive relief” that would block enforcement of Section 504.
What is Section 504 of the Rehabilitation Act?
Section 504 of the Rehabilitation Act codified the civil rights of persons with disabilities and protected them against discrimination while ensuring their equal access to education, employment, healthcare, and public services. It established rules regarding the treatment of people with disabilities by any entity that receives federal funds, including all public schools.
What is considered a disability under Section 504?
The most common disability covered by 504 plans is ADHD, which can significantly impact a student’s ability to learn and regulate attention and emotion in the classroom.
According to Section 504, an “individual with handicaps” includes anyone with a physical or mental impairment that substantially limits one or more major life activity, such as seeing, hearing, speaking, learning, or working. This includes everything from learning disabilities and anxiety to food allergies.
How many children have a 504 Plan?
Approximately 8.5 million public school students across the U.S. have a 504 Plan designed to ensure they can access a free and appropriate education. 504 Plans support students who may not qualify for an Individualized Education Program (IEP) but still need support to fully participate in school.
What is typically included in a 504 Plan?
Accommodations for students with ADHD include extra time on assignments, preferential seating, movement breaks, written and verbal instructions, and organizational tools like planners and daily report cards. These low- or no-cost accommodations are designed to help students with disabilities learn to the best of their ability.
What could happen if the 17 states win Texas v. Becerra?
If the 17 states prevail, and Section 504 is ruled unconstitutional, then all of its protections against discrimination for people with disabilities can be halted across the country. Individual states would be freed from their legal obligation to provide students with aids, services, and protection from discrimination. Millions of students could lose access to their school accommodations.
What’s more, the Office for Civil Rights (OCR) within the Department of Education is in charge of receiving, investigating, and resolving complaints from parents regarding discrimination and 504 Plan compliance at schools. The OCR is at risk for significant budget and personnel cuts by the Trump administration, which said it plans to dismantle the Department of Education entirely.
What happens next?
The first round of legal briefs is due to the courts next Tuesday, February 25. Prior to that deadline, advocacy groups are encouraging residents of the 17 states involved in the action to petition for withdrawal from the lawsuit. The 17 states include Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.
What can you do?
Contact your senators and representatives to voice your support for Section 504, for 504 Plans, and for protections for students with disabilities. If your state is one of the 17 named in the lawsuit, contact your state attorney general to demand your state’s withdrawal. If your state is not involved in bringing the case, contact your state attorney general and ask the office to submit an amicus brief on the importance of retaining 504 protections for people with disabilities.
Find suggested language for a letter to your attorney general on the Council for Exceptional Children website.
Find sample language provided by the National Down Syndrome Society here.
The National Council on Independent Living also offers sample language for contacting elected officials.
If you would like to share your thoughts, opinions, or story regarding 504 Plan accommodations, contact ADDitude at [email protected].
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