On January 23, 2026, nine states—Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, South Dakota, and Texas—renewed a legal challenge against Section 504 of the Rehabilitation Act. The revised version of Texas v. Kennedy (formerly Texas v. Becerra) takes particular aim at the integration mandate, which empowers individuals with disabilities to receive services they need in the most integrated setting appropriate.
Section 504 of the Rehabilitation Act of 1973 (commonly called Section 504) is an important law that protects people with disabilities, including individuals with Down syndrome, from discrimination. Section 504 was first implemented in 1977 and has been updated several times since then.
The states bringing the renewed lawsuit are challenging the updated Section 504 rules. This includes the requirements that programs and organizations that receive federal financial assistance deliver services in the most integrated setting appropriate and avoid actions that put people at “serious risk of institutionalization.”
NDSS is very concerned with the amended legal challenge to Section 504 because of how important the law is to individuals with Down syndrome. Section 504 ensures that schools, hospitals, government programs, and other organizations must provide equal access and reasonable accommodations for people with disabilities. The updated lawsuit threatens the ability of people with disabilities to live, work, and thrive in their communities, and may put others at risk of unnecessary institutionalization.
Check out our explainer in simplified language about all recent legal challenges to Section 504.
Residents in the nine plaintiff states—Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, South Dakota, and Texas—can contact their state attorney general to highlight the importance of Section 504 and encourage their state to withdraw from the lawsuit. We need YOUR advocacy to help protect people with Down syndrome and other disabilities from discrimination.
If you live outside of these nine states, we encourage you to stay up to date with NDSS on social media and our newsletters for any updates or future advocacy opportunities.