Georgia and 16 other states recently joined a lawsuit challenging a rule finalized last year by the Biden administration that expanded the definition of Section 504 of the Rehabilitation Act, the federal law prohibiting discrimination against people with disabilities for programs receiving federal financial assistance. 

The complaint was filed in the Northern District of Texas, where it is still winding its way through the court process. Our team will be assessing the potential ramifications on Section 504 for school districts. We highlight some of those below. For now, school district administrators should operate as normal as nothing has changed yet for students' rights as it relates to accommodations for individuals with disabilities. 

What the Plaintiffs Are Seeking 

The plaintiffs in the case assert that the final rule is both arbitrary and capricious because it includes gender dysphoria in the definition of a disability. The argument is based on claims that the final rule exceeds the statutory authority of the U.S. Department of Health and Human Services (HHS) and is contrary to the express language of the Rehabilitation Act and the ADA.

Due to that, plaintiffs seek several forms of relief, including: 

• They request the court to set aside the final rule, enjoin the defendants from enforcing or implementing it, and declare it unlawful.
   
• Plaintiffs argue Section 504 is unconstitutional under the U.S. Constitution’s Spending Clause.  

Final Takeaways for School Districts

We know districts are getting calls from parents due to this lawsuit and social media outcry. Please know that you can confirm to your staff and parents that there are no changes to Section 504, the procedures, plans and implementation, right now. We will continue to monitor how these legal developments may impact school districts. Once this case works its way through the courts, we will continue to update districts on any ramifications and next steps. 

For more information, please contact us or your regular Parker Poe contact. You can also subscribe to our latest alerts and insights here.