Last update: August 18, 2025

Weeeeee…It has been a long summer.

What’s New?

1. States Drop the Constitutional Challenge
   On April 11, 2025, in a joint status report, the 17 plaintiff states and HHS clarified that they are no longer asking the court to declare Section 504 unconstitutional. This means the district court—and any higher courts—will not rule on whether the law itself violates the Constitution (DREDF, gpadacenter.org).

This move helped avert what would have been a sweeping threat to long-standing disability rights (Deque, DREDF, SpecialNeedsAnswers).

2. HHS Clarifies Gender Dysphoria Preamble
   On April 10, 2025, HHS issued a Federal Register notice stating that the regulatory preamble’s mention of gender dysphoria as a potential disability does not have the force of law and “cannot be enforced.”

Importantly, this doesn’t alter existing case law that recognizes gender dysphoria as a disability (DREDF, gpadacenter.org).

3. Case Still Ongoing—But Focused
   Although the constitutional attack has been removed, the lawsuit remains active, now zeroing in on specific 2024 updates to Section 504. These include provisions such as:

Rights to community-based services instead of institutionalization

Bans on discrimination in medical treatment decisions

Requirements for accessibility in websites, equipment, and communication (DREDF, gpadacenter.org, SpecialNeedsAnswers).

The next joint filing was due on July 21, 2025, with HHS indicating plans to share more about forthcoming rulemaking efforts soon (DREDF).

Summary at a Glance

Key Takeaway
While the most sweeping threat—that Section 504 itself might be ruled unconstitutional—has been removed, the fight continues over how the updated enforcement standards of Section 504 should be applied.

Disability advocates remain vigilant, especially as HHS signals upcoming rulemaking.

Continue reading to catch up on this lawsuit from the beginning.

You know how passionate I am about special education, and so if I think it’s a big deal, then it’s a big deal. After all, it protects individuals with disabilities. 

Listen! I now feel it’s much more than that. Please understand I am NOT a fearmonger. I had to remind myself of the same scripture I pray with my children every night.

God has not given me the spirit of fear, but of power, love, and a sound mind.

With that, I can’t keep silent with what I feel and see. Do I want to? YES!! But only to protect myself and my feelings. It’s easy to be silent and to stay in one’s place.

But for those who want to remain on the right side of what we, these United States, are about to enter, we have to stay aware. 

We have to be able to divide truth from lies. We have to be able to critically think and not just consume things that others tell us, even me.

With that said, I can’t not share this. Your job when reading or watching anything is to gather as much factual information from primary and trusted sources as possible, then form your own opinion. 

What I feel I learned via fact-checking with this lawsuit is what I fear is at play throughout our government right now. 

Has the Section 504 Lawsuit Been Updated?

If you don’t know what Texas vs. Becerra is and how it seeks to make Section 504 unconstitutional, then start by watching Section 504 Under Attack:What is Texas v. Becerra?

The above video helps to lay the foundation and helps you understand what Section 504 is and those it protects. More on section at the end of this blog.

After releasing this video, I had several people accuse me of spreading misinformation. They challenged me to prove what I had said in that video.

Here was my response:

Section 504 Lawsuit: Addressing “This is a Misrepresentation” of Texas v. Becerra

The responses that I received from this were telling. First, I provided links to primary sources. I intentionally chose not to point to every detail followed by a page number.

I wanted people to read for themselves. However, what was asked of me? People wanted me to include exact details of page numbers so they wouldn’t have to read the entire brief.

This is why we have so much misinformation. We have people who do read at all and some who do not want to read enough to get a full picture. 

So we have people living off of headlines. 

Even after this video and providing the “receipts,” I had yet another person come for my head, stating that the AG’s had updated their language.

So, after researching again, I discovered that they indeed did update their brief, but they didn’t change their language. 

The updated filing still asked for Section 504 to be declared unconstitutional. Watch this video for yourself.

(Update) Section 504 Of The Rehabilitation Act Is Crucial For Disability Rights

Same Playbook

I honestly tried so hard to read the legal filing and understand and to see what those who are saying that it would not cut Section 504 off, but I couldn’t.

It was when the House voted for President Trump’s budget bill that I truly saw what was going on. 

They are using a lot of double talk, and they are wholeheartedly hoping that people are not paying attention and reading. 

Brian Tyler Cohen explains it best (the budget):

FLASH BREAKING: Major news on Republicans CUTTING healthcare

If I am wrong, my prayer is always, “God, please show me.” That said, if you have information that I don’t, please show me. 

If not, this is bad news, and I can’t trust those who are willing to be untruthful or misleading about something so easily fact-checked.

What do you do now? You use your critical thinking skills to arrive at who is telling the truth or what is best for your family. Choose the way that benefits you and greater humanity. 

Farmers, for some reason, felt this administration was for them. But they voted against their own interests. Why, I don’t know. I do have my speculations. 

If you choose to vote against your own interests, be prepared for the outcome.

Understanding Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act started in 1977. It stops discrimination against people with disabilities. This applies to programs that get federal money. Section 504 ensures equal access and accommodations for those individuals.

What Does Section 504 Actually Do?

Section 504 makes sure schools and hospitals provide equal access. Think about accommodations like wheelchair ramps. Hospitals are expected to provide interpreters. These accommodations ensure individuals with disabilities get equal opportunities.

Who is Protected Under Section 504?

Many people benefit from Section 504. This includes those who may not need special education. Students with ADHD might get extra time for tests. People with physical disabilities receive building access. Section 504 casts a wide net that supports those who may need help.

The Current Legal Challenge: 17 States vs. the Federal Government

Seventeen states are suing the federal government. They claim Section 504 is unconstitutional. This lawsuit threatens needed services. It could remove protections for children and adults.

These states include:

• Alaska
• Alabama
• Arkansas
• Florida
• Georgia
• Indiana
• Kansas
• Louisiana
• Missouri
• Montana
• Nebraska
• South Carolina
• South Dakota
• Texas
• Utah
• West Virginia

What are the States’ Arguments Against Section 504?

They say it is about not protecting those with gender dysphora. 

Potential Consequences of Eliminating Section 504

If successful, the lawsuit will hurt students and adults. Schools and hospitals might struggle to provide needed support. People with disabilities could lose essential services.

The Connection to the Department of Education and Funding

Some want to reduce federal education funding. There is a bill to end the Department of Education. These efforts are related to the challenge to Section 504, in my opinion.

How Would Eliminating the Department of Education Impact Section 504?

If the Department of Education disappears, states would handle education funding. They might not be able to fund services for people with disabilities. Section 504 could suffer.

Following the Money: Understanding the Financial Implications

States could save money if Section 504 ends. They wouldn’t have to provide certain services. This is a financial incentive for challenging it.

What You Can Do to Help

You can support Section 504. Here’s what to do.

Contact Your Attorney General

Call your state attorney general. Especially if you live in the 17 states challenging Section 504. Tell them how Section 504 impacts you.

Spread Awareness and Stay Informed

Tell others about this issue. Encourage them to take action. Stay up-to-date on the legal challenge.

Conclusion

Section 504 is crucial. Losing it would have bad effects. Take action to protect the rights of individuals with disabilities. Get involved today.

Follow the Disability Rights Education and Defense Fund (DREDF).