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URGENT CALL TO ACTION!
Tell Congress to Protect the Department of Education
The Administration wants to close the U.S. Department of Education, and Congress needs to take action.
Without an appropriate education, students with disabilities face higher rates of poverty, unemployment, poor health, and social isolation.
Act now and tell Congress that the Department of Education must be protected.
A lawsuit filed by Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia aims to eliminate equal access to education for people with disabilities by repealing Section 504 of the Rehabilitation Act!
There’s more to do!
The Rehabilitation Act of 1973 was signed into law by President Richard Nixon in September of 1973. Section 504 of that act codified the civil rights of persons with disabilities. “No otherwise qualified individual” can be, simply because of their disability, “denied the benefits of, or subjected to discrimination” in any program or activity that receives federal funds.
On the surface, the lawsuit appears to be one more battle over the rights of transgender citizens. The suit spends over 30 pages objecting to the addition of gender dysphoria to the Section 504 definition. Then, on page 37, as it reached its third of four counts, the lawsuit switches gears, arguing not for an excision of the new language, but the elimination of Section 504 entirely. The suit argues that Section 504 is “coercive, untethered to the federal interest in disability, and unfairly retroactive” and therefor unconstitutional. Click here to read the lawsuit.
504 plans are common in all 50 states, including Pennsylvania. Like an Individualized Education Program (IEP), a 504 plan puts in place a specialized program and supports to help students with disabilities succeed and ensures that they will not be discriminated against in classes or activities. 504 Plans address a wide variety of needs, including visual impairment, diabetes, heart disease, epilepsy, depression, and ADHD. Section 504 is meant to guarantee that these students cannot be discriminated against and that they will get the supports they need as they receive a free and appropriate public education.
Beyond schools, the law is the foundation for the Americans with Disabilities Act and it protects disabled peoples access to healthcare and other basic services. If Texas vs. Becerra succeeds it could dismantle over 50 years of legal protections that ensure accessibility and civil rights for millions of disabled Americans.
The court will begin hearing arguments on February 25, 2025! States that support disability rights may submit legal briefs defending section 504.
Please write and call Attorney General David Sunday and Governor Josh Shapiro today and ask them to protect access to education for people with disabilities by submitting an amicus brief on the importance of 504 for people living with disabilities!
Advocate for Students with Disabilities!
Follow these links to learn more:
An Overview of Special Education
Early Intervention Services
Individualized Education Programs
Parents Rights in Special Education
Section 504