Understanding the Current Legal Battle Against Section 504 for Students with Disabilities

Section 504 has been under attack since October 2024 from the Texas v Becerra lawsuit. We know the impending lawsuit could affect the over 8.5 million students receiving services under a 504 plan if it is successful and want to ensure that our families, educators, and community are informed to advocate for their rights, by understanding (1) key differences between the IDEA and Section 504, (2) Section 504 requirements, (3) the Lawsuit against Section 504, and (4) our commitment to accessible education.

IDEA Definition of Disability

Comparison of Section 504 & IDEA Citation

The definitions of “disability” under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) greatly affect a student’s eligibility for services and protections. The IDEA guarantees individually tailored educational services, while the ADA and Section 504 focus on eliminating discrimination in public life.

The IDEA, historically, had 13 classifications of disabilities under 504. These categories include intellectual disabilities, hearing impairments, speech or language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deafness, deaf-blindness, and multiple disabilities.

In addition to fitting into one of these categories, the disability must adversely affect the child’s educational performance. The student must require special education and related services because of their disability.

Section 504 and Americans with Disabilities Act (ADA) use a broader definition of disability that covers any physical or mental impairment that substantially limits one or more major life activities. These activities include seeing, hearing, walking, bending, communicating, thinking, and the function of body systems.

Understanding Section 504

Section 504 in the Balance Citation

In schools, Section 504 requires that students with disabilities receive accommodations to ensure equal access to education. These may include extended time on tests, modified classroom materials, or assistive technology.

Nondiscrimination: Section 504 protects individuals with disabilities from discrimination in programs and activities that receive any type of federal financial assistance.

Coverage: Any school that receives federal funding, including all public K-12 schools, many private schools, and most colleges and universities, is required to comply with Section 504.

Schools’ Responsibilities: Covered schools must ensure that students with disabilities are not excluded, denied services, segregated, or otherwise  treated unfairly due to their disabilities.

Reasonable Accommodations: Covered entities must grant reasonable accommodations to ensure students with disabilities can fully participate in educational programs.

Current Legal Developments

States bringing case against 504 Citation

Section 504 is currently under attack. In September 2024, Texas v Becerra, a lawsuit filed by 17 states, challenged a Biden Administration rule that expanded the definition of disability under Section 504 to include “gender dysphoria.” The change aimed to protect transgender individuals from discrimination in federally funded programs (Greene, 2025).

Section 504 does not provide direct funding to support students with disabilities. But Public institutions that receive any form of educational funding must comply with section 504. States who joined the lawsuit are angry over the fact that they must comply with this new classification, but the federal government has not provided additional funding or resources to support them. 

Earlier this month, the lawsuit sought to declare Section 504 unconstitutional. But recently, states clarified their position that the “gender dysphoria” classification under Section 504 is unconstitutional, but does not seek to eliminate 504 entirely. However, the states are yet to withdraw from the lawsuit completely and it is important that we continue to advocate for the protection of special education students. This position was as of March 18th and we will continue to follow the lawsuit.

Frenalytics’ Commitment 

As the lawsuit over protections for students with disabilities continues, we remain unwavering in our commitment to advocating for policies that ensure special needs students have the right to equitable access to educational resources. Schools can protect Section 504 by engaging policymakers and collaborating with advocacy groups. Educators and parents can reach out to their state’s attorney general through letters, emails, or phone calls. By engaging with organizations like the Disability Rights Education & Defense Fund (DREDF), schools can distribute educational materials and participate in petitions or provide public comments. Together, we can help preserve Section 504 protections for students with disabilities.

At Frenalytics, we have been engaging with special education experts to make sure we are understanding the lawsuit and its impacts on the students we serve, so we can continue to create learning environments where they can succeed. 

We understand that creating an educational environment for students with special needs is a continuous process. That’s why we remain committed to developing our platform by incorporating feedback from our teachers, students, and families. Our goal is to transform the educational experience for students with disabilities, and we are steadfast in providing our educational resources in the midst of the ongoing lawsuit against 504.

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