Legal challenge to Section 504 paused; Texas AG says students with disabilities won't lose protections
Legal challenge to Section 504 paused
Many families are concerned about the status of a federal law that affords children with disabilities in public schools every opportunity to learn without discrimination.
DALLAS - Many families are concerned about the status of a federal law that affords children with disabilities in public schools every opportunity to learn without discrimination.
Texas vs. Becerra
The backstory:
Last September, Texas Attorney General Ken Paxton filed a lawsuit challenging the constitutionality of part of Section 504 of the Rehabilitations Act and the Americans with Disabilities Act.
The lawsuit was joined by 16 other states because of new regulations added during the Biden administration related to "gender dysphoria."
Gender dysphoria is defined as a feeling of distress that can happen when a person’s gender identity differs from the sex assigned at birth.
While most of what’s in Paxton’s lawsuit relates to gender dysphoria, some of the wording at the end of the lawsuit is causing concern among parents and advocacy groups.
"There are some broader parts of the lawsuit towards the end that say some broader things about Section 504 as a whole and that’s draw a great deal of attention and concern," said David Coale, a constitutional law attorney.
Advocates concerned Texas lawsuit targeting transgender protections could lead to end of Section 504
A lawsuit from 17 states against adding gender dysphoria as a protected disability has advocates of other disabilities worried.
Section 504 Challenged
Why you should care:
More than 1.6 million students nationwide and up to 500,000 students in Texas benefit from 504 plans in public schools.
They are students with disabilities such as ADHD, diabetes, dyslexia, cerebral palsy, poor vision or hearing, and heart disease. They may require some accommodations to help with learning but do not need special education services.
The concern many parents have is that the lawsuit asks for all of Section 504 to be declared unconstitutional.
What's new:
The lawsuit has been on pause since shortly after President Donald Trump took office.
That’s because the president signed an executive order declaring the official policy of the United States government that there are only two genders – male and female.
Featured
Trump inauguration speech: US policy will reflect 'only two genders'
During his inauguration speech on Monday, President Donald Trump said the U.S. government would only recognize two genders: male and female.
In newer court filings, Paxton has also clarified that he and the other plaintiffs have never moved and do not plan to move the court to declare Section 504 as a whole unconstitutional, only a narrow section related to gender dysphoria.
"Could they change position someday? Maybe. But the position they’ve taken today is very clearly stated under circumstances where you would expect them to be very careful and honest about what they say," Coale said.
What's next:
The lawsuit’s next hearing in federal court is on April 21.
FOX 4 will keep watching. But what wasn’t clear now seems clear. Section 504 protections for public school students won’t go away.
The Source: FOX 4 reporter Shaun Rabb talked to constitutional law attorney David Coale and Texas Attorney General Ken Paxton's office to gather details for this story. He also looked at recent court filings.