​In September 2024, a coalition of 17 states, led by Texas, initiated a lawsuit against the U.S. Department of Health and Human Services (HHS) in the case known as Texas v. Becerra. This legal action challenges recent updates to Section 504 of the Rehabilitation Act of 1973, a pivotal statute that prohibits discrimination against individuals with disabilities in programs receiving federal funding.​

Background on Section 504

Enacted in 1973, Section 504 serves as a foundational civil rights law, ensuring that individuals with disabilities are not excluded from, denied benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance. Over the years, this statute has been instrumental in promoting accessibility and equal opportunities in various sectors, including education, healthcare, and employment.​

The 2024 Updates and the Subsequent Legal Challenge

In May 2024, the HHS introduced revisions to Section 504 regulations to enhance protections for individuals with disabilities. Notably, these updates included explicit protections for individuals with gender dysphoria and expanded communication access provisions. The coalition of states contends that these revisions unlawfully alter the original intent of Section 504 and the Americans with Disabilities Act (ADA). They argue that the federal government overstepped its authority by broadening the scope of the law without congressional approval. ​

Implications for Disability Rights

The lawsuit's potential ramifications are profound. If the court sides with the plaintiff states and invalidates the updated regulations—or Section 504 in its entirety—it could roll back decades of progress in disability rights. Such a decision might lead to reduced protections in critical areas like education, where students with disabilities rely on Section 504 for accommodations, and healthcare, where nondiscrimination ensures equitable treatment. ​

Community Response and Advocacy

Disability rights organizations and advocates have voiced strong opposition to the lawsuit. They emphasize the essential nature of Section 504 in safeguarding the rights and dignity of individuals with disabilities. Groups like the Disability Rights Education & Defense Fund (DREDF) have mobilized efforts to raise awareness and encourage public action to protect these longstanding protections. ​

Conclusion

Texas v. Becerra represents a critical juncture in the ongoing journey of disability rights in the United States. As the legal proceedings unfold, stakeholders across the nation remain vigilant, recognizing that the outcome could significantly influence the landscape of disability protections and the broader principles of inclusion and equity in American society.​

References:

https://www.aasa.org/resources/blog/section-504-litigation-what-the-texas-v.-becerra-lawsuit-could-mean-for-districts?

https://www.adapacific.org/update-on-the-texas-v-becerra-lawsuit-dealing-with-section-504

https://accessliving.org/newsroom/action-alerts/action-alert-save-section-504

https://dredf.org/disability-community-briefing-what-you-can-do-to-stop-the-attack-on-section-504

https://time.com/7258245/disability-protections-section-504-texas-v-becerra-essay