Learn about Texas v. Becerra that Threatens Crucial Protections, Section 504 of the Rehabilitation Act

Friends:

The Texas v. Becerra case has the potential to shape the future of Section 504 of the Rehabilitation Act, potentially jeopardizing decades of legal protections that guarantee accessibility in education, healthcare, and other public services.

My daughter benefitted from Section 504 when she experienced a disabling injury. I shudder to think what would have happened without Section 504. I urge all concerned to write to Atty. General Ken Paxton about this. I provide a template letter below that you can fashion for your purposes and upload to his website.

For More Information: https://dredf.org/protect-504/ Also read the blog I post below from the Educator's Room. Let's not find yet another way to hurt kids.

-Angela Valenzuela

[Link to send Letter: https://www.texasattorneygeneral.gov/contact-us-online-form]

Dear Attorney General Ken Paxton,

I live in [CITY NAME], Texas, and I have friends with disabilities. One of which is hard of hearing and uses hearing aids and a transcription service to be able to attend college.

I care about Section 504, because I I can see how without Section 504 my friend and others with disabilities would not be able to access primary school, higher education, and have the right to have accessible communication, have building and spaces that have ramps and elevators help those who struggle with mobility, as well as not allow workplaces to discriminate against individuals with disabilities, as well as many other ways to make daily life accessible. I support the updated Section 504 rules. The updated rules are stronger and provide examples of what disability discrimination is.

I am very upset and angry that you have joined a case in Texas called Texas v. Becerra that goes against Section 504 and the updated rules. You are asking the court to get rid of the Section 504 rules and the entire law. If the court does what you ask, people like my friend would not be able to attend college classes and get equal treatment. She will not have equal rights. Without having the tools for these individuals to access education and the workforce, you severely limit their ability to be productive members of society, and hinder their abilities to grow educationally and professionally. Revoking this law would corner many of these individuals whose life is already difficult to not even be able to financially support themselves, and this would be an unkind and merciless treatment of our fellow citizens.

I want you to withdraw our state from Texas v. Becerra. You should support Section 504 and its rules. You should not be attacking our rights.

Sincerely,


[YOUR NAME]

Source: https://theeducatorsroom.com/in-a-new-lawsuit-17-states-sue-to-do-away-with-504-protections/

A high-stakes lawsuit, Texas v. Becerra, is currently making its way through the courts, threatening crucial protections for people with disabilities under Section 504 of the Rehabilitation Act. Seventeen states have challenged the federal government’s updated rules, putting at risk decades of legal safeguards that ensure accessibility in education, healthcare, and other public services.

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In this case, a coalition of 17 states (Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia) has sued the U.S. government, arguing that Section 504 is unconstitutional and should be eliminated. If successful, the lawsuit could dismantle essential protections that prevent discrimination against people with disabilities.

What is Section 504?

Section 504 of the Rehabilitation Act, first implemented in 1977, prohibits discrimination against individuals with disabilities by entities that receive federal funding. The law mandates that schools, hospitals, and other federally funded institutions provide equal access and accommodations to disabled individuals. The U.S. Department of Health and Human Services (HHS) recently updated the rules under Section 504 in 2024, incorporating stronger protections based on extensive input from disability advocates.

These regulations require schools to provide appropriate support for students with disabilities, ensure that hospitals have sign language interpreters, mandate captioning for videos, and require accessible medical equipment for wheelchair users.

Why the Lawsuit Matters

The states behind Texas v. Becerra argue that the federal government overstepped its authority in implementing the updated Section 504 rules. However, rather than targeting specific provisions, the lawsuit seeks to dismantle Section 504 in its entirety. If successful, this case could strip away fundamental protections, making it easier for discrimination against disabled individuals to go unchallenged.
What Comes Next?

The legal process is already underway. By February 25, 2025, both the 17 states and the federal government will submit legal briefs outlining their positions. Other states that support Section 504 may also file documents in its defense. Disability advocacy organizations are expected to submit amicus briefs—legal arguments from non-parties explaining the broader implications of the case.

Once the court reviews all submitted documents, a ruling will be issued. The outcome will shape the future of disability rights and accessibility laws in the United States.