This page was created with simplified language to assist readers with and without disabilities access the information. If you have any questions about the information on this page, please email policy@ndss.org.
On April 11th, the 17 states involved in the case filed a joint status report that clarifies they are no longer challenging the constitutionality of Section 504 as a whole. Their legal challenge to the 2024 final 504 rules still stands. Please continue to check back on this page for further updates.
What is Section 504 and why is it important to people with disabilities?
Section 504 of the Rehabilitation Act (commonly called Section 504) is an important law that protects people with disabilities, including people with Down syndrome, from discrimination. Discrimination is when you treat someone unfairly because of their disability, gender, race, or anything else. Section 504 states programs that get money from the federal government cannot discriminate against people with disabilities. This law ensures that schools, hospitals, government programs, and other organizations must provide equal access and reasonable accommodations for people with disabilities.
For the disability community, Section 504 turns the promise of equal rights into real-world protections and opportunities, ensuring that having a disability doesn't stop anyone from accessing the same services and programs available to others.
Section 504 became law in 1977 and has been updated several times since then. The most recent update came in 2024 from the Department of Health and Human Services.
Here are specific examples of how Section 504 could protect people with Down syndrome and other disabilities:
- A college student with Down syndrome is pursuing a degree. The university must provide tutoring support, extended test time, and accessible dorm accommodations if needed.
- A young adult with Down syndrome gets a job at a federally funded hospital. If they need a job coach or written step-by-step instructions, the employer must provide these reasonable accommodations under Section 504.
- A patient with Down syndrome who is nonverbal requires a caregiver to assist with communication at a hospital. Section 504 ensures that the hospital cannot deny the caregiver's assistance or refuse necessary accommodations.
- A young adult with Down syndrome applies for a federally subsidized apartment. The landlord cannot deny them housing based on their disability and must allow necessary accommodations.
Texas v. Kennedy (formerly Texas v. Becerra)
In September of 2024, 17 states filed a lawsuit against Section 504. A lawsuit is when someone or a group of people brings a problem to the courts to get the problem fixed. In their original lawsuit, these 17 states said that new Section 504 rules, and all of Section 504, goes against the Constitution of the United States (also called “unconstitutional”) and states should not have to follow Section 504. Upon learning about the case, NDSS was very concerned about these legal challenges because of how important Section 504 is for individuals with Down syndrome.
As of April 11th, after receiving outreach from thousands of constituents, the 17 states have clarified they are no longer challenging the constitutionality of Section 504. The 17 states are now considering how recent Executive Orders (EOs) from the President will impact their lawsuit. As of now, the states are still challenging new rules that were finalized in 2024 that changed the way Section 504 is carried out.
Please continue to check back on this page for further updates.
The states in yellow below are the states involved in the ongoing lawsuit.
If you have questions, please contact us at policy@ndss.org.