WFYI
Indiana is one of several conservative states asking a Texas court to declare unconstitutional a 52-year-old federal law that offers crucial protection for people with disabilities, including students. Conservative attorneys general in 17 states filed a lawsuit in September that they say aims to reverse a Biden-era regulation from the U.S. Department of Health and Human Services that could extend protection under Section 504 to people with gender dysphoria. But the lawsuit, led by Texas, takes a much broader aim: It asks the court to rule that Section 504 of the Rehabilitation Act of 1973 exceeds federal authority. The states also asked the court to strike down the entire new rule. An expert on disability education law told WFYI that it’s extremely unlikely that the courts would rule that Section 504 is unconstitutional. However, advocacy groups for people with disabilities are calling for states to withdraw from the lawsuit, which is in limbo because of the new presidential administration.
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