No Room for Exceptions: Students with disabilities are concerned about the future of federal protections amid a lawsuit to end 504 plans

Texas Attorney General Ken Paxton and 17 other State Attorney Generals filed a lawsuit on Sept. 17. to have Section 504 of the Rehabilitation Act of 1973 declared unconstitutional.

Far from the opening statements in the courts and rally posters of the town halls, students at SM East experience the tangible benefits of their 504 plans every day.

Section 504 outlines specific accommodations required for children with certain disabilities such as autism, deafness and more. The accommodations include extra testing time, support with mental well-being and the ability to take a break during a test according to Additude.

Fast forward half a year later, Attorney Generals from 17 states, including Kansas, are locked in a legal battle that will decide the future of students with disabilities throughout America.

Sophomore Mira McInnes uses Individualized Education Program (IEP) accommodations, a program that provides more specialized instructions than the 504, but is also under threat due to the lawsuit. 

“That’s scary because then kids know that their schools now aren’t legally required to provide them with the help that they were getting before,” McInnes said. “So if I were to ever lose access to that it would take away a lot of things that help me focus that I need for classes.”

And McInnes isn’t alone.

One in 42 students in public schools are covered by 504 plans. Over the last decade, the proportion of children with 504 plans has more than doubled, according to Understood.

That’s 1.6 million students who benefit from 504 plans, according to Wesh 2.

While some students are scared about the potential loss of these critical supports, for others, the difference is made through their grades. For freshman Margot Fair, a 504 plan makes a big difference academically. 

“My GPA went from a 2.0 to a 3.7 with my 504 plan,” Fair said.

These accommodations aren’t abstract legal debates, they’re real pillars that help students learn, participate and feel included in every class. Taking 504 plans away can leave disability advocates feeling even more unsupported and vulnerable, according to Missouri Independent.

It’s not just the students who are concerned but the parents too. East parent Jenni Witte believes that in addition to being deprived of accommodations and resources, there’s also a fear of discrimination.

“It would also create a sense of uncertainty, which no student should have to face,” Witte said.

A quantitative study by Concordia University Texas explored the impact of 504 plans on academic achievement.

The research stressed the necessity of offering accommodations and assistance to students with disabilities, regardless of when these measures are implemented during a student’s PreK-12 education.

Witte also believes that Section 504 is critical in its importance to the disabled community.

In contrast, the Georgia attorney general argues that public funds shouldn’t be directed toward creating ‘transgender dysphoria’ as a disability included in the 504.

They contend that such designations could lead to unnecessary and expensive accommodations. According to Georgia Attorney General Chris Carr, the funds could be better spent elsewhere, particularly on more traditional disabilities that directly impact a student’s ability to succeed academically.

Regardless, students and parents believe that the debate surrounding the future of 504 plans is far from settled, leaving those who rely on these plans to possibly face academic and personal challenges that could be significantly alleviated with the proper support.

Whether it’s through a structured accommodation plan or a more inclusive environment, the goal of 504 plans is to ensure that every student has the opportunity to succeed to the best of their ability.

Principal Jason Peres, in a statement to the Harbinger, spoke to a broader mission of equality, ensuring that every student feels supported and valued within the school community. 

“Our school promotes belonging and inclusivity in all that we do,” Peres said. “Belonging is part of our culture.”

Whether through opening statements or rally posters, students, parents and school staff believe that creating an environment where all students feel included and equipped to succeed should remain a priority.

“I’d like to believe our district would continue to partner with disabled students and their families for success,” Witte said. “Every student deserves a chance to thrive along with their peers, equally and respectfully, without fear of discrimination.”