Forbes article on states suing to declare section 504 unconstitutional

Applying to College Learning Differences and Challenges - LD, ADHD
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I’ve seen a few posts about this on Facebook, but this Forbes article (no paywall) seems the clearest explanation I’ve seen. Some extracts:

“ 16 states have joined Texas in a lawsuit asking the court to declare Section 504 unconstitutional….

The suit argues that Section 504 is “coercive, untethered to the federal interest in disability, and unfairly retroactive” and therefore unconstitutional…
But the language of the lawsuit is clear. The fourth item under “Demand for Relief” says “Declare Section 504, 29 U.S.C. § 794, unconstitutional.”

It’s followed by: “Issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504.”…

For all intents and purposes, Section 504 would cease to exist and, with it, any requirement for states to meet the needs of students with special needs who currently benefit from 504 plans, or any such students in the future.

If the Trump administration goes through with plans to dissolve the Department of Education and turn IDEA funding into block grants that states can use for any purpose, students with special needs will suffer a double hit.”

They go on to say that with Kennedy now heading up HHS (the defendant in the suit), a robust defense looks unlikely.

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Thank you for sharing this article. I am stunned. Unless IDEA is expanded to include categories that would have been included in 504s, I am very much horrified.

For those who are curious, these are the states suing to end 504s:

The 17 states are Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia.

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I guess this is the beginning. Next will be IEPs.

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There are links on this page to the AGs of each of those states with information on how to make a protest call most useful. I personally don’t think it would help much but …maybe it will. If I lived in one of those states I would certainly try.

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I can see that this might affect a lot of college lists for current juniors and younger, and college choices for current seniors. But what will happen to college students in those states currently receiving services?

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