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Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal funding. It ensures equal access and opportunities for people with disabilities, similar to other civil rights laws that protect against discrimination based on race, religion, or gender.
Seventeen states and the U.S. Department of Health & Human Services (HHS) brought a lawsuit that included a claim that section 504 is unconstitutional, therefore threatening protections for people with disabilities, including students.
This lawsuit, known as Texas v. Kennedy (formerly Texas v. Becerra), is being fought in the court and The Arc is heavily involved in the advocacy to protect section 504. In a recent status report to the court, the 17 states who brought the lawsuit and HHS filed a Joint Status Report asking the court to continue the pause in the case. The states said they are no longer challenging the constitutionality of Section 504. This concession shows the power of the disability community’s advocacy. However, the lawsuit continues and remains a significant threat to the rights of people with disabilities.
The 17 states continue to challenge the updated Section 504 regulations which include: the right to receive services in the community instead of institutions, a ban on disability discrimination in medical treatment decisions including—life-saving healthcare, organ transplants, allocation of scarce resources like ventilators during a pandemic—accessible medical equipment, websites, and kiosks, reasonable accommodations and effective communication.
The Arc will continue the fight to protect civil rights for people with disabilities.