Section 504 Faces New Legal Challenge

Takeaways

• Texas and eight other states have filed a lawsuit challenging how the federal government enforces certain disability rights protections under Section 504.
• The outcome of this case could narrow protections for people with disabilities in schools, health care, and community services that receive federal funding, making it harder to secure equal access and accommodations.

Section 504 of the Rehabilitation Act is back in court. Texas and eight other states have filed an updated complaint in a lawsuit they originally brought in 2024. The case challenges how the federal government is enforcing certain disability rights protections. The outcome could affect people with disabilities who rely on public schools, health care providers, and other programs that receive federal funding.

The heart of the dispute concerns how far federal disability rights laws extend and whether states must comply with specific federal requirements tied to funding.

What Is the Lawsuit About?

In their amended complaint, the states argue that recent federal regulations go beyond what Congress originally authorized. They contend that the federal government has imposed new compliance obligations, particularly concerning accessibility, accommodations, and the treatment of individuals with disabilities in state-run programs, that they believe go beyond the original scope of the law and infringe on states’ rights.

Disability rights advocates strongly disagree. They argue that the regulations simply clarify and modernize long-standing protections. In their view, the rules help ensure that people with disabilities are not excluded from education, health care, transportation, housing, and other federally funded services.

Because nearly every state agency receives some form of federal financial assistance, the outcome of the case could have wide-ranging effects across the country.

What Is Section 504?

Section 504 of the Rehabilitation Act of 1973 is a landmark civil rights law that prohibits discrimination based on disability in federally funded programs and activities. When it was enacted, Section 504 became the first federal statute to prohibit discrimination against people with disabilities.

In simple terms, Section 504 requires federally funded schools, universities, hospitals, and government programs to provide equal access and reasonable accommodations for people with disabilities.

Section 504 laid the groundwork for later laws, including the Americans with Disabilities Act of 1990 (ADA). However, unlike the ADA, Section 504 specifically applies to entities that receive federal funding.

Why This Case Matters

If the court limits how Section 504 regulations can be interpreted or enforced, several areas could be affected:

Health Care Access

Many hospitals, Medicaid programs, and state health agencies rely on federal funds. Section 504 has been used to challenge inaccessible medical equipment, discriminatory treatment decisions, and barriers to care.

If the law is interpreted more narrowly, patients with disabilities may have fewer tools to challenge discrimination in medical settings.

Education

Public schools, colleges, and universities must comply with Section 504 if they receive federal funds. The law requires schools to provide reasonable accommodations and protect students from exclusion on the basis of disability.

If the states prevail in limiting federal regulations, disputes over accommodations, discipline, or accessibility may become more difficult for families to resolve.

Community-Based Services

Section 504 works alongside the ADA to support the right of people with disabilities to receive services in community settings rather than institutions. Changes to enforcement authority could affect how states structure long-term services and supports.

This is especially important for older adults and people with disabilities who depend on Medicaid-funded home- and community-based services. These programs help people with disabilities live at home, attend adult day programs, and avoid institutional care.

Federal Power vs. Civil Rights

At its core, the lawsuit reflects a broader debate about federal power.

The states argue that:

• The federal government cannot impose sweeping new requirements without clear congressional approval.
• Compliance costs may be substantial.
• States should retain flexibility in how they administer programs.

Disability advocates counter that:

• Section 504 has always required meaningful access.
• Updated regulations simply clarify what nondiscrimination means in modern settings.
• Weakening enforcement would undermine decades of progress.

The court’s decision could clarify how much authority federal agencies have in interpreting and enforcing civil rights laws.

What Happens Next?

The case is moving forward in federal court in Texas. Whatever the trial court decides, the ruling could be appealed – first to a federal appeals court and possibly to the United States Supreme Court.

Because multiple states are involved and the issues concern nationwide regulations, the implications extend far beyond Texas.

The Bigger Picture

For more than 50 years, Section 504 has been a cornerstone of disability civil rights. It helped shift the national conversation from charity and segregation to equality and access.

This lawsuit asks a fundamental question: Who decides how disability rights rules are applied – states or the federal government? For millions of disabled Americans, the answer could shape access to education, health care, housing, and independence for years to come.

What You Can Do Now

While the case moves forward:

• Individuals should continue asserting their rights under Section 504 and the ADA.
• Families can document any instances of discrimination or denial of reasonable accommodations.
• Interested parties can follow advocacy organizations that are tracking this case and providing updates and guidance.
• Legal aid and disability rights centers can help people understand their options.

Until a court rules otherwise, Section 504 remains in effect.

Additional Reading

For additional reading on topics related to individuals with disabilities, check out the following articles:

• DOJ Rescinds Multiple ADA Guidance Documents
• How Department of Education Cuts May Affect Students With Disabilities
• Disability Rights and Service Animals
• Reasonable Accommodations: Accessibility in the Workplace