Louisiana joins 17-state lawsuit challenging Section 504 disability protections

BATON ROUGE, La. (Louisiana First) — Louisiana is one of 17 states involved in a lawsuit challenging the federal government’s expansion of disability protections under Section 504 of the Rehabilitation Act, sparking concern among families of children with disabilities.

The lawsuit, Texas v. Becerra, challenges the Biden administration’s decision to include gender dysphoria under the definition of disabilities protected by Section 504. However, the suit also calls for the provision to be declared unconstitutional entirely, raising questions about protections for students with disabilities who rely on 504 plans in schools.

Louisiana Attorney General defends lawsuit

Louisiana Attorney General Liz Murrill defended the state’s involvement, stating the legal action is focused on federal overreach rather than eliminating disability protections.

“We joined that lawsuit because of regulations that were overreaching,” Murrill said.

She likened the case to previous legal challenges against the Biden administration’s expansion of Title IX, which sought to extend protections for transgender individuals in schools and sports.

Murrill acknowledged concerns from the disability community, saying, “It’s caused a lot of anxiety,” but reassured that the case is expected to settle within a week with the language targeting Section 504 removed.

“I do want to reassure people that the case will settle,” Murrill said.

Families express concern

Parents of children with disabilities, however, remain skeptical.

Charlotte Cravins, a Baton Rouge mother whose son, Landry, has Down syndrome and is partially blind, said Section 504 ensures her child can access Medicaid and Louisiana’s Early Intervention Program.

“Programs that receive federal funding cannot discriminate against people with disabilities,” Cravins said.

She fears that if Section 504 is struck down, children like her son could lose essential protections.

“They shouldn’t have to fight for basic things like an education or programs that help them have an independent life,” she said.

What’s at stake

Section 504 of the Rehabilitation Act, signed into law in 1973, prohibits discrimination based on disability in programs receiving federal funds. It is widely used in education to ensure students with disabilities have access to necessary accommodations, such as extended test-taking time, assistive technology, or classroom modifications.

The lawsuit argues that the Biden administration’s interpretation of the law oversteps executive authority. However, the legal challenge also includes language that would declare Section 504 unconstitutional altogether—raising alarms among disability rights advocates who say its repeal would remove essential protections for millions of Americans.

If the case is decided in favor of the 17 states, it could have nationwide consequences for schools, students, and federal disability protections.

The case is being heard in the U.S. District Court for the Northern District of Texas, Lubbock Division.

Latest News