States Drop Challenge to Section 504’s Constitutionality

In the court case Texas V. Becerra, 17 attorneys general who sued the Health and Human Services Administration (HHS) last year have stated that they would no longer seek to claim Section 504 of the Rehabilitation Act as unconstitutional. Section 504 makes it illegal for K-12 schools and colleges that get federal money to discriminate against students with disabilities. It ensures students with disabilities get the academic, physical, and other support they need. The lawsuit was filed after HHS, under the Biden Administration, issued a rule regarding Section 504 that includes non-binding language in the preamble to the rule, which addresses gender dysphoria. In reaction, 17 attorneys general challenged the constitutionality of all of Section 504.

Advocates, including many CEC members who reside in the states that filed suit, appealed to their attorneys general to withdraw the suit because of the harm it would cause to people with disabilities. While that constitutionality challenge has been dropped, the plaintiffs will still pursue the gender identity-based challenges. 

The update to the lawsuit can be found here.