As of 2024, 1.6 million students in public schools across the United States are protected by an essential clause to American law called Section 504. Section 504 belongs to the Rehabilitation Act of 1973, and rules that any organization receiving government funding cannot discriminate against people with disabilities, which includes our nation’s public schools. According to Leslie Gallegos, CdM’s school nurse, 504 plans are the most common way Section 504 is used to protect students, and they “help a lot of our students that have any medical conditions be successful in the classroom.” Adding onto this, Ally Rochford, CdM’s 504 coordinator, points out, “some disabilities are more obvious that you might be able to see, but some are not.” Citing students with ADHD or anxiety, Ms Rochford elaborates, “The 504 allows all students to access their education.” Whether that access is through accommodating wheelchairs and crutches, providing larger fonts for ease of reading, or giving extra time to write essays in case of pain, 504 plans protect almost two million students currently enrolled in the USA’s public school system.
Recently, the Biden Administration amended Section 504 to include people with gender dysphoria, an often serious sense of unease when someone’s gender identity doesn’t match their biological sex, offering them protection under the same law that protects anyone experiencing a disability. Seventeen states decided this addition was taking things too far, and took the case to the Supreme Court.
However, this case, called Texas v. Becerra, is not only attempting to repeal just the clause regarding gender dysphoria — but attempting to repeal Section 504 as a whole. Taking on a fifty-year-old law that ensures protection for disabled people nationwide, these states claim Section 504 is and always has been unconstitutional. Claiming it’s too expensive, not logical, and the government can’t withhold funds for those that refuse to cooperate, this coalition of states cites the exact reasons Section 504 struggled to pass in 1973. But more importantly, by taking on this case, the Supreme Court has the opportunity to destroy almost all the protections put in place to help disabled people move about in society.
Section 504 is the reason hospitals have to provide American Sign Language interpreters. Section 504 is the reason employers cannot deny employment simply because of someone’s disability. Section 504 is the reason students receive necessary accommodation, and not only disabled students, but Section 504 protects athletes with sports injuries, a student with a broken leg, someone struggling with migraines. This case is no longer just about the attack on those experiencing gender dysphoria — Texas v. Becerra is about everyone. Disabled or not, Section 504 will protect most Americans at some point in their lives, and it’s in danger of being completely dismantled.
According to Ms Gallegos, if this were to happen, it would impact CdM and other public schools drastically. “We have a lot of students that do need additional support… to help them have an equal playing field in the classroom.” A 504 plan is the reason 1.6 million students can participate in classes and keep up with their schoolwork, can attend school and can be accommodated in the ways they need. For example, 504 plans provide separate testing environments for those struggling with high anxiety in traditional testing spaces, and additional time to move between classes for those with injuries or using mobility aids. Without Section 504, injured or disabled students would be robbed of the laws protecting them and ensuring school isn’t unbearable or even impossible.
In the words of Ms Rochford, it would create a lack of equity. “People are gonna end up discriminated against if we don’t have 504s… The fact that [Texas v Becerra is] even a case horrifying to me. My background is as a special education teacher and so, even before I was in this position, everything that I do revolves around making sure that students with disabilities… are able to learn here at school in a discrimination free environment.” Section 504 is a vital piece of legislation that the United States cannot and should not lose, from the devastating cascade that would hit the public school system to the inevitable increase in discrimination that would follow, Section 504 is needed.
As of February 19th, the lawsuit is stayed, which means the court isn’t hearing anything about it, and will decide whether they’ll hear more in the near future. Though this hopefully means the Supreme Court will decide not to even consider stripping the protections provided by Section 504, there’s still a high likelihood Texas v Becerra makes its way to court in 2025, leaving us to hope it doesn’t have disastrous consequences.
