Will Students with Disabilities Lose 504 Protections?
A major lawsuit is unfolding that could shake up how schools support students with disabilities—have you heard?!
I hadn’t, until February 12, 2025 when a member of the Anti-Boring Learning Lab dropped this link in our community chat. It was sounding the alarm about an upcoming court case that could gut Section 504 protections for students with learning differences.
What?! I know things are rough in the United States right now, but… seriously?! As someone who trains academic coaches and tutors to work with students with a variety of disabilities, my alarm bells went off:
If this lawsuit succeeds, what happens to the accommodations our students rely on every day to learn, live, and thrive?
When I tried to dig into the details, it was a confusing mess. Most resources seemed full of legal jargon or were missing context. Something seemed “off” about the whole thing.
I’m not usually one to dive deep into education policy. I’m a study skills nerd; my strengths lie in helping students and educators with practical learning strategies—not decoding legal jargon.
What I didn’t expect, as I began to research, was how difficult it would be to uncover the truth—or how that challenge itself would highlight the insidious nature of this lawsuit.
I’ve now spent hours trying to make sense of this case, and I hope it’s of service to share what I’ve learned.
So, let’s break it down—Anti-Boring style.
This post is a little long, but for good reason—I’m weaving together three key threads:
1️⃣ My research journey—why finding clear answers was so difficult and what that reveals about the law itself.
2️⃣ A primer on disability law—for anyone new to supporting neurodiverse & disabled students who rely on section 504 protections.
3️⃣ An analysis of the lawsuit—what the impact of the lawsuit could be and how we can take action.
In case you don’t have time to follow the full narrative, I’ll gift you with a “Too Long; Didn’t Read” version right up top:
TL;DR
A new lawsuit, Texas v. Becerra (2024), could dismantle Section 504 of the Rehabilitation Act—the very law that protects students and adults with disabilities from discrimination. And yeah, that’s a huge deal.
Here’s why this matters:
Section 504 is what makes schools accessible. It ensures students with ADHD, dyslexia, anxiety, and other disabilities get extra test time, medication access, and classroom supports.
The lawsuit is sneaky. It pretends to focus on gender dysphoria and pregnancy-related protections, but buried in the fine print? A direct attack on Section 504 itself. If these 17 Republican-led states win, millions of students could lose critical accommodations.
This isn’t just about schools—it’s about civil rights. If Section 504 disappears, students with disabilities, chronic illnesses, and neurodivergent learners will face even more barriers to education.
Not on board with this lawsuit? At the end of this post, you’ll find action steps.
But first—if you’re new to the world of supporting students with disabilities (as many in the Anti-Boring Learning Lab are!)—let’s start at the very beginning. A very good place to start. 🎶
What’s Section 504 Again?
If you work in education in the United States, you’ve probably heard of students having 504 plans to establish key accommodations that help them learn.
Many of the students we work with the students we work with as academic coaches and tutors have 504 plans to help with invisible disabilities—like ADHD, dyslexia, anxiety, or chronic illness—and as a result, are entitled to accommodations that help level the playing field. These could include:
✅ Extra time on tests
✅ Preferential seating
✅ Access to fidget tools
✅ The right to take medication at school
✅ and so much more!
What you might not know (honestly, I didn’t! I’m learning as I write!) is that “504” refers to a specific section of a law that protects all people with disabilities, not just students.
Here’s the scoop:
The Rehabilitation Act of 1973 is a civil rights law that protects people with disabilities from discrimination in schools, workplaces, and public spaces.
Section 504 of this law makes it illegal to discriminate against disabled people if you receive federal funding. We’ve already mentioned students with learning disabilities, but in truth many types of people depend on section 504 protections. For example:
People with mental health conditions (e.g., anxiety, depression, PTSD, bipolar disorder)
People with physical disabilities (e.g., wheelchair users, amputees, muscular dystrophy)
People with sensory disabilities (e.g., blind, visually impaired, deaf, hard of hearing)
Individuals with chronic illnesses (e.g., diabetes, epilepsy, long COVID, cancer survivors)
Elderly individuals (e.g., those with mobility issues, dementia, Parkinson’s disease)
Workers with disabilities (e.g., employees needing accommodations in the workplace)
People recovering from injuries or medical conditions (e.g., stroke survivors, surgery recovery)
Pregnant individuals and those with pregnancy-related conditions (e.g., preeclampsia, post-birth complications)
Trans and nonbinary individuals with gender dysphoria (newly recognized under 504 protections)
People needing accessibility in public spaces (e.g., wheelchair access, service animals, transit accommodations)
As you can see, Section 504 of the Rehabilitation Act is wide ranging in its scope. If you want to dig deeper into what it covers, check out:
This fact sheet from the Department of Health and Human Services (2006)
This article from the U.S. Department of Education (1995, updated 2023 & 2025)
This “know your rights” summary from the National Education Association (2019)
This 504 FAQ sheet from the Bureau of Indian Education (undated)
Is a 504 the Same as an IEP?
Let’s clarify the difference between a 504 Plan and an IEP (Individualized Education Plan)—because if you work with students, you’ve probably heard both terms.
If this is a review for you, feel free to skip ahead, but since many educators start their careers without a clear understanding of disability protections, we’re going to get granular.
An Individualized Education Plan (IEP) is a learning support plan established by a separate law—the Individuals with Disabilities Education Act (IDEA)—passed in 1975. A student’s IEP outlines the specific supports and services a student with a disability needs to succeed in school, and it’s designed to ensure they get those resources. In other words, it’s a detailed guide to meeting a student’s unique educational needs.
As this article by Frontline Education explains, both Section 504 and IDEA:
“...are designed to make sure students with disabilities have equitable access to public education. [...] While one is civil rights law and the other is special education legislation, both have similar aims and important distinctions in areas like eligibility, attendance, discipline guidelines, and more.”
While Texas v. Becerra won’t directly impact students with IEPs, a win for the plaintiffs could set a legal precedent that weakens disability rights across the board—gutting 504 protections and potentially chipping away at IEPs too.
What’s This Case About?
Oof. Alrighty. So. It’s going to get sticky.
Remember how I said I’m not patient with legalese? When I first tried to find articles explaining the anti-504 lawsuit in clear language, I came up empty.
The only articles I could find initially were these way too general summaries that didn’t answer my questions about exactly “Who?!”, “Why?!,” “What now?!,” and “WTF?!”
Deciding to go straight to the source, I searched for the original court case. Low and behold there are two cases with the same name that are connected to each other, but I’ve given them subtitles to make it easier to track:
First: Texas v Becerra | the Abortion Case, filed in June 2023 and decided in June 2024 by the Fifth Circuit Court of Appeals, and
Current: Texas v. Becerra | the Section 504 case, filed in September 2024 and as of February 25 is still ongoing and has not been decided.
First up, I tried to understand the 2023 “the Abortion Case” with a quick Google search. Since it has already been decided, here’s what you need to know: The Fifth Circuit Court of Appeals ruled that the U.S. Department of Health and Human Services (HHS) overstepped its authority in requiring emergency abortion care under federal law. This ruling has set a precedent for limiting federal agency power, a precedent which could affect the current 504 case.
Next up, I tried to read the current case. Big mistake. Within minutes, my brain turned to mush.
Forgive me if this is unbecoming for an academic coach, but—in desperation to understand—I outsourced the job to AI. Feeding the original lawsuit into ChatGPT, I asked a bunch of clarifying questions.
Spoiler alert: I eventually found out that ChatGPT got some things wrong. The fact that both AI and I missed a deeply buried phrase in the lawsuit speaks volumes about the extent that the plaintiffs went to in hiding what the lawsuit is really about.
The Red Herring: Who’s Bringing This Case and Why
Here’s what ChatGPT initially helped me understand:
The lawsuit Texas v. Becerra: The 504 Case was filed in September 2024 against the U.S. Department of Health and Human Services (HHS) by the attorneys general of—count ‘em!—17 states: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.
These Republican-run states were upset that a new federal rule expanded disability protections under Section 504. Specifically, the new additions stated that:
Gender dysphoria can qualify as a disability, which means — additionally — that it is illegal under disability law to discriminate based gender identity, and
Pregnancy-related conditions—including, but not limited to, abortion—must be accommodated, making denial of care a potential act of discrimination.
Harumph. The 17 states aren’t having it. They argue that HHS is overstepping its bounds by imposing policies that clash with state laws and conservative beliefs. They also claim it’s unfair that noncompliance could put their federal funding at risk.
What do they really want? At first glance, it seems like their goal is simply to strike down the new 504 rule, framing it as a fight against trans rights and abortion access.
That night after 7 hours of research and writing, I went to bed assuming that was the whole story.
But it wasn’t.
It was a red herring.
The Truth: What This Lawsuit is REALLY About
When I woke up the next morning, I felt uneasy. A question kept rolling around in my head:
If all the States are after is to roll back the recent changes to 504, why are disability organizations warning that this lawsuit could dismantle Section 504 entirely?
Something wasn’t adding up. This time, instead of asking ChatGPT, I reached out to more colleagues to help me decipher.
That’s when one of them forwarded me this hot-off-the-press article from Forbes that explained why many of us were missing the real danger buried in the lawsuit. It said:
The suit spends over 30 pages objecting to the addition of gender dysphoria to the Section 504 definition. [...] Then, on page 37, as it reaches its third of four counts, the lawsuit switches gears—arguing not just for the removal of gender dysphoria protections, but for the elimination of Section 504 entirely. The suit claims Section 504 is “coercive, untethered to the federal interest in disability, and unfairly retroactive,” and therefore unconstitutional.
Aha!! There it is: “Unconstitutional.”
Somehow, despite all my AI-assisted scanning and analysis, I missed that bombshell. Which was not my fault. It was buried on purpose.
It turns out the plaintiffs used their complaints about gender dysphoria as a distraction from their real goal: dismantling Section 504 entirely. They don’t just want changes—they want the law gone.
No wonder disability rights advocates are up in arms.
What’s at Stake for Students if Section 504 is Deemed Unconstitutional?
If these 17 states get their way, the consequences will be devastating for people with disabilities. Let’s zoom in on what this means for students—because that’s where my work (and likely yours) comes in.
This helpful article from ADDCA summarizes the consequences:
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.
In other words: If these states win, students with disabilities could lose essential accommodations overnight. Schools would no longer be required to provide extra time on tests, note-taking support, or even basic accessibility measures.
And if parents try to fight back? Good luck—because the very office that investigates discrimination complaints could be gutted. It’s like pulling the referee out of the game just as one team starts playing dirty.
So, that’s the big picture. But let’s get specific:
Sometimes, the best way to grasp the impact of policies on real people is to picture actual scenarios that directly affect the kids we care about.
Will any of your students and their families be impacted by any of the following?
10 Ways Students Lose if 504 is Overturned
If Section 504 were wiped out, students with learning differences, physical disabilities, and medical conditions would face huge barriers to learning and even basic school access.
Here are 10 ways this could play out—in no particular order, just all bad.
1. Loss of Required Accommodations for Learning Disabilities
Right now: Students with ADHD, dyslexia, or processing disorders can receive extra time on tests, note-taking support, assistive technology, and modified assignments under 504 Plans.
Without 504: Schools could deny accommodations entirely, making it harder for students with disabilities to access the curriculum and succeed academically.
2. Schools Could Refuse to Administer Life-Saving Medications (Including Insulin and EpiPens)
Right now: Schools must provide staff to administer insulin, glucagon, asthma inhalers, and EpiPens for students with diabetes, asthma, or severe allergies.
Without 504: Schools could refuse to store or administer medications, forcing parents to come to school for every dose or making it unsafe for students to attend school at all.
3. Inequitable Impact on Students of Color & Low-Income Families
Right now: While Section 504 is meant to ensure equal access, students of color and low-income students already face systemic barriers to receiving accommodations. Many rely on 504 protections to access learning supports, prevent harsh discipline, and receive necessary medical care at school.
Without 504: The loss of federal protections would widen existing disparities, disproportionately harming Black, Indigenous, and Latinx students, who are more likely to have disabilities but also more likely to be denied services or face harsher discipline. Low-income families would struggle even more to afford private evaluations, tutoring, and advocacy, making disability support even more inequitable.
4. Increased Risk of School Pushout & Dropout
Right now: 504 Plans help keep students with disabilities in school by providing support for executive function challenges, reducing unnecessary suspensions, and offering intervention strategies.
Without 504: Students with disabilities would be more likely to fail classes, be repeatedly disciplined, or drop out due to lack of academic and behavioral support.
5. Increased Risk of Medical Emergencies at School
Right now: Schools are required to have emergency response plans for students with life-threatening conditions (e.g., diabetic emergencies, seizures, or anaphylactic reactions).
Without 504: There would be no federal obligation to train staff in emergency protocols, increasing the risk of serious injury or death from preventable medical crises.
6. Harsher Discipline for Students with Disabilities
Right now: Schools must assess whether a student’s disability contributed to their behavior before suspending or expelling them.
Without 504: Students with ADHD, anxiety, autism, or other disabilities could be punished or expelled for behaviors linked to their disabilities without consideration.
7. Barriers to College & Career Access
Right now: Section 504 ensures students get accommodations for standardized tests (SAT, ACT, AP exams) and college coursework, helping them transition to higher education.
Without 504: Many students would lose access to these accommodations, limiting their ability to enter college, vocational programs, or competitive career paths.
8. Exclusion from Field Trips, Sports, and Extracurriculars
Right now: Schools must provide reasonable accommodations so students with disabilities can participate in field trips, clubs, and sports.
Without 504: Schools could exclude students with medical needs (e.g., diabetes or epilepsy) or physical disabilities from activities due to liability concerns.
9. Schools Could Deny Students the Right to Self-Manage Medical Conditions
Right now: Many students can self-administer insulin, monitor blood sugar, or use an inhaler in class without being forced to leave.
Without 504: Schools could require students to leave class (or go home) for every medical need, leading to significant learning disruptions.
10. Schools Would Face Less Accountability for Discrimination
Right now: The Office for Civil Rights (OCR) enforces Section 504, investigating schools that discriminate against students with disabilities.
Without 504: Schools could deny services, exclude students, or discriminate without consequence, leaving families with few legal options to fight back.
In sum, eliminating Section 504 would strip away essential protections, making it harder for students with disabilities to access education, stay safe at school, and prepare for their futures. It would disproportionately harm students with learning disabilities, ADHD, autism, chronic illnesses, and physical disabilities, increasing inequities in education. Ugh.
What Happens Next, and What Can You Do?
There’s a tiny bit of good news — for the last couple weeks, the lawsuit has been in hibernation, waiting for the first round of legal briefs. So it’s not too late to take action!
Those legal briefs are due Tuesday, February 25, 2025. That’s soon, for those of you reading this, it’s the day after I published it!! This is a critical moment to make our voices heard before the case moves forward.
Here are some practical actions you can take:
✅ Get informed – Learn more about the case and its potential consequences. I’ve shared some links above as a starting point, but I encourage you to dig deeper. If you find useful resources, share them in the comments!
✅ Spread the word – Many people, including educators and parents, still don’t know this is happening. Talk about it with colleagues, school leaders, and community members. Share this post or other resources to raise awareness.
✅ Contact policymakers – Your voice matters. Here’s how you can take action based on where you live:
If you live in one of the 17 states listed above → Contact your state attorney general and demand that they withdraw from the lawsuit before the June 25 deadline. The Disability Rights Education and Defense Fund (DREDF) has sample messages available, but I’d like to get a better sample that specifically highlights student impact. If you write one and are willing to share your draft, please post it in the comments below! That will make it easier for others to write their own based on your draft.
If you live in a different state → Contact your state attorney general and ask them to submit an amicus brief (a legal document supporting Section 504 and disability protections).
Wherever you live → Reach out to your senators and representatives and voice your support for Section 504, 504 Plans, and protections for students with disabilities.
✅ Follow key advocacy groups – Stay updated through organizations like DREDF. They’re tracking developments and providing action steps.
✅ Support impacted communities – If you’re in a position to donate, consider contributing to legal defense funds fighting to uphold disability rights. If donating isn’t an option, small acts of solidarity—checking in on affected students, showing up for advocacy events, or even just sharing accurate information—can make a difference.
✅ Show Love to the Trans and Nonbinary People in Your Life
It's especially frustrating that the plaintiffs in this lawsuit used gender dysphoria—and by extension, trans and nonbinary people—as an intentional distraction from the broader impact of their case. As we advocate for all people with disabilities, let’s also stand with those who have been unfairly singled out and used as a pretext for dismantling rights.
A hug won’t change policy, but a tangible expression of love and support can create belonging, affirm dignity, and sometimes even save a life.
Don’t have a trans or nonbinary loved one to hug? That’s where the healing power of imagination (sometimes called “prayer”) comes in. Instead, take a moment to send love to everyone who is potentially affected by this lawsuit. Then, if moved, please let that love drive action.
✅ Join the Conversation Below. I’d love to hear from you! Drop a comment below and let’s keep this discussion going:
💬 How are you, or the students you support, potentially impacted by this lawsuit?
💡 Do you have insights or information I haven’t covered? Share your thoughts!
📧 Have you emailed your representatives? If you're willing, post your message as a template to help others take action.
❓ Got questions, concerns, or more to say? Let’s talk—comment below!
✅ Short on Time But Want Updates? Sign up for my newsletter. I’m tracking this case closely and will share key developments with my list.