Florida lawsuit challenges disability protections, sparking concerns for students’ accommodations.
Florida is one of several states taking legal action against the federal government over changes to disability protections, and many parents and advocates worry this fight could have devastating consequences for students who rely on these protections in school.
The dispute centers on Section 504 of the Rehabilitation Act of 1973, a law that prevents discrimination against people with disabilities. Over a million students across the country, including those with conditions like ADHD, autism, and dyslexia, receive support through what are known as 504 plans. These plans make it possible for students to get the help they need in school, such as extra time on tests or specialized instruction. Thousands of students in Florida alone benefit from these accommodations.
The lawsuit, filed by 17 states, challenges an update to Section 504 made by the Biden administration that extends protections to people with gender dysphoria. The states argue that federal officials overstepped their authority by making this change and are asking the court to overturn the update. Texas Attorney General Ken Paxton and others claim the revised rules could place financial strain on states and alter the criteria for who qualifies for certain services.
Advocates see this disability protections lawsuit as a major threat. If the challenge is successful, they fear it could weaken protections not just for those affected by the recent update, but for all students with disabilities who depend on 504 plans. Some say it could set a dangerous precedent, limiting the reach of Section 504 in areas like education, healthcare, and employment.
Several national disability rights groups have urged the public to take action by contacting state attorneys general and pushing them to drop the case. The National Down Syndrome Congress is among those sounding the alarm, calling the lawsuit a direct attack on essential protections. They are working with legal experts and advocacy organizations to fight back.
Jennifer Knopf, who runs the Reed Foundation in Winter Park, Florida, trains teachers to help students with dyslexia. She also has a child in public school who benefits from a 504 plan. Knopf is deeply concerned about what this lawsuit could mean for families like hers. Without these legal protections, she fears schools may not be held accountable for providing the necessary support.
“This is all we have,” she said. “If we lose this, kids won’t get the help they need.”
Students who don’t receive proper support can struggle not just academically, but emotionally as well. Knopf explained that falling behind in school can take a serious toll on a child’s confidence and mental health.
“It’s not just about reading, writing, or math,” she said. “It affects how kids see themselves. It can lead to real emotional damage.”
Florida’s Department of Education has not commented on the lawsuit or how it might impact students in the state. The legal challenge, originally filed in September, initially asked the court to declare Section 504 unconstitutional. However, in a recent filing, the states clarified that they were focusing on whether the Biden administration had exceeded its authority in updating the law, rather than trying to eliminate it entirely.
Despite this shift in language, many advocates are not reassured. Claudia Center, legal director of the Disability Rights Education and Defense Fund, believes the argument remains a direct attack on civil rights. Her organization and others have warned that this legal maneuvering does not change the potential consequences of the case. They argue that the states’ position could severely limit where Section 504 protections apply, affecting schools, hospitals, and housing.
“Section 504 has been a part of everyday life for decades,” Center said. “Students, workers, and families have relied on it for generations. We’re not turning back now.”
Sources:
17 States Sue To End Protections For Students With Special Needs
Federal lawsuit raises fears about student disability protections
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