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.
We are aware of an updated filing that was submitted to the court on February 19, 2025 clarifying the Attorney General's intentions of the case as it relates to Section 504. We are working with legal experts to better understand this update, its impact on the case, and the larger impact on the Down syndrome and broader disability community. 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. 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. 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. NDSS's concern is that Count 3 of this current court case claims that “Section 504 is Unconstitutional.”
According to the “Demand for Relief” section of the case, it is stated that the courts declare Section 504 unconstitutional and “Issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504.”
The 17 states that are part of the case, and the federal government, have to submit their side of the argument to the judge by February 25, 2025.
How You Can Take Action
We encourage you to contact your state Attorney General using our action alert. If you live in one of the 17 states that is part of the lawsuit, you can use our action alert to tell your state’s Attorney General to protect Section 504 and remove your state from the court case.
If you do not live in one of the 17 states that is a part of the lawsuit you can use our action alert to contact your Attorney General and educate them about the importance of Section 504. State Attorney Generals can still have an impact on this lawsuit, even if they are not a part of the lawsuit.
We encourage everyone to fill out our action alert by February 25th! If you have questions, please contact us at policy@ndss.org.