Protecting Section 504
This article was updated on February 20, 2025
Section 504 of the Rehabilitation Act is a crucial federal civil rights law that protects the rights of individuals with disabilities in programs and activities that receive federal funding, such as the Department of Education. The statute states: "No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance …" In schools, Section 504 helps to ensure every student receives the support needed to achieve educational success.
In September 2024, a group of 17 state attorneys general brought a lawsuit against a Biden Administration rule updating disability discrimination regulations under Section 504. The first two counts of the suit, known as State of Texas v. Becerra, are related to language in the preamble of the regulation that states gender dysphoria may constitute a disability depending on the individual facts. Count 3 of the suit asks the court to find Section 504 unconstitutional, and the list of proposed remediation includes a request that the court provide “permanent injunctive relief against Defendants enjoining them from enforcing Section 504”, which could effectively eliminate the civil rights protections guaranteed by Section 504.
Occupational therapy services can be used in any program funded with federal funds to ensure equal access for people with disabilities. However, occupational therapy practitioners most frequently provide these services in school settings to help students with disabilities, who may not qualify for special education services, fully participate within school settings.
In recent days, this case has received significant news and social media coverage. AOTA supports Section 504 and has worked over the past 50 years to strengthen the law and clarify how it applies to federal programs. AOTA's policy team is evaluating the lawsuit and how to best advocate for the occupational therapy profession and the clients we serve. We are working with our coalition partners, which include other organizations representing schools, people with disabilities, and professionals who provide related services, to understand potential courses of action to protect Section 504. AOTA is working with State Associations in the 17 states that joined the lawsuit (Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia) on advocacy approaches to support 504 protections with their state policymakers.
Given the change in administration, the case has been temporarily paused. Updated briefs from both the plaintiffs and the federal government are due on February 25th, at which point more will be known about the lawsuit's future.
You can visit AOTA’s Advocacy News Page to keep up to date with the latest developments on this issue.