In September 2024, Texas Attorney General Ken Paxton filed Texas v. Becerra against the Biden-era U.S. Department of Health and Human Services (HHS). The lawsuit was initially brought on to challenge the HSS final rule set by the Biden administration to update Section 504, which broadened its coverage and modernized disability accommodation protections for students. However, the Texas lawsuit challenges the constitutionality of Section 504 in its entirety, and 17 other state attorneys general formed a coalition and joined the lawsuit.

At the time of writing, the Northern District Court of Texas paused the case due to discord among some of the state attorneys general as to which Section 504 protections they wish to revoke or leave in place. However, the initial complaint filed has not been withdrawn or amended, so this leaves federal protections for disabled students at risk.

Are you a student or a parent of a disabled student whose accommodations at school were denied or halted? The Lento Law Firm's Student Defense Team can help. Call us at 888-535-3686 or send us a message online.

What is the Biden-Era HHS Final Rule?

504 protections, or Section 504, refers to Section 504 of the Rehabilitation Act of 1973. This law prohibits discrimination on the basis of disability and is enforced by the Office for Civil Rights (OCR) under HHS. Section 504 paved the way for other disability rights legislation like the Americans with Disabilities Act (ADA). Section 504 ensures that disabled students can receive accommodations ranging from individual education plans (IEPs) to remote learning options and grace for lateness or absenteeism.

In May 2024, the Biden administration enacted a final rule that modernized and significantly updated Section 504. Key provisions for disabled students include the following:

1. Accommodations for disabled people must be as "mainstream" as possible, such as including disabled students' accommodations in classrooms instead of sequestering them.
2. People struggling with gender dysphoria can access healthcare, public education, and other institutions that receive federal funding without discrimination.

Is Section 504 Repealed?

At the time of writing, there are disagreements among the state attorneys general who joined Texas v. Becerra.

Some state attorneys general in the coalition claim that they do not object to Section 504 in its entirety but feel that the Biden-era final rule goes beyond the scope of the Rehabilitation Act and is, therefore, unconstitutional.

Section 504 is not repealed or modified; neither is the Biden-era final rule. If the law is repealed, however, disabled people will lose several federal protections in healthcare, educational, and other public settings. Disabled students will be put at a severe disadvantage.

The future of Section 504 is uncertain at the time of writing. However, even if Section 504 is challenged, the ADA and state-level disability rights laws are still effective, and the Lento Law Firm is ready to advocate for disabled students nationwide to have the same opportunities as everyone else. Contact the Student Defense Team at the Lento Law Firm at 888-535-3686 or complete our online intake form to speak to one of our experienced disability accommodations attorneys.