02/21/2025
In September 2024, a coalition of 17 states, spearheaded by Texas Attorney General Ken Paxton, initiated the lawsuit Texas v. Becerra—a legal challenge against Section 504 of the Rehabilitation Act of 1973. This landmark legislation has long safeguarded individuals with disabilities from discrimination in federally funded programs. If the lawsuit prevails, it could strip away crucial protections, endangering access to education, healthcare, and public services by dismantling Section 504 entirely. The case, Texas v. Becerra, was filed on September 26, 2024, in the U.S. District Court for the Northern District of Texas under docket number 5:24-cv-00225.
The Legal Challenge: A Direct Threat to Disability Rights
The plaintiffs contend that recent updates to Section 504, which reinforce protections for individuals with gender dysphoria, place an excessive regulatory burden on states. However, rather than contesting specific provisions, the lawsuit seeks to nullify Section 504 in its entirety. A ruling in their favor could set a precedent, potentially undermining other civil rights laws, including the Americans with Disabilities Act (ADA), and weaking other anti-discrimination enforcement mechanisms.
Why Is Section 504 Important?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination based on disability in any program or activity that receives federal financial assistance. Section 504 is vital in ensuring that all federally funded entities provide accessible and non-discriminatory services. It mandates equitable access in education, healthcare, and public services by enforcing critical standards, such as requiring inclusive educational environments where students with disabilities receive necessary accommodations. It also ensures accessibility in communication, such as sign language interpreters and captioning services, and guarantees that healthcare providers offer clear and accessible information for individuals with intellectual and developmental disabilities. Moreover, Section 504 mandates digital accessibility for websites of schools and hospitals, promotes equal access to healthcare services, and requires medical facilities to provide accessible diagnostic equipment for individuals using wheelchairs.
The Threat to Children with Disabilities in Maryland
For children with disabilities in Maryland, Section 504 serves as a lifeline, ensuring they receive equitable educational opportunities and essential services. This includes individualized accommodations such as assistive technology, extended test-taking time, and necessary classroom modifications. It also guarantees equal access to extracurricular activities, including participation in sports and clubs, while offering protection against discrimination in public schools and federally funded institutions. Additionally, school-based healthcare services for conditions such as diabetes and asthma fall under its purview. Without these safeguards, thousands of children in Maryland—and millions nationwide—would face increased barriers to receiving a fair education and necessary medical care.
The States Seeking to Eliminate Section 504
The 17 states involved in this lawsuit are not merely contesting regulatory updates; they are seeking to have Section 504 declared unconstitutional. Should they succeed, the law would be rendered entirely void, exposing individuals with disabilities to unchecked discrimination across schools, healthcare facilities, housing, and public transportation.
The states participating in this lawsuit are Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.
State Attorney General Phone Number
Alabama Steve Marshall (334) 242-7300
Alaska Treg Taylor (907) 269-5100
Arkansas Tim Griffin (501) 682-2007
Florida Ashley Moody (850) 414-3300
Georgia Chris Carr (404) 656-3300
Indiana Todd Rokita (317) 232-6201
Iowa Brenna Bird (515) 281-5164
Kansas Kris Kobach (785) 296-2215
Louisiana Jeff Landry (225) 326-6705
Missouri Andrew Bailey (573) 751-3321
Montana Austin Knudsen (406) 444-2026
Nebraska Mike Hilgers (402) 471-2682
South Carolina Alan Wilson (803) 734-3970
South Dakota Marty Jackley (605) 773-3215
Texas Ken Paxton (512) 463-2100
Utah Sean Reyes (801) 538-9600
West Virginia Patrick Morrisey (304) 558-2021
Although some Attorneys General may attempt to downplay the implications of this lawsuit, the threat to Section 504 remains very real. The constitutional challenge it presents puts decades of hard-won protections at risk.
